Consultation Terms

Thank you for seeking consultation with Palmer Law, PLC (the “Firm,” “we,” or “us”). These Consultation Terms describe the basis on which we will speak with you.

Client, Engagement Scope, & Termination. A paid consultation with us shall not make you one of our clients or prospective clients. However, to the extent there is a client or prospective client in this matter, it shall be the person with whom we speak, or the business entity they represent (“Consultee,” also referred to herein as “you”). Persons and entities related to you or sharing your interests are not our clients. The scope of our consultation and the only duty we have to the Consultee are to be available at a mutually agreeable time for discussion. Our consultation shall be considered satisfied if one such consultation discussion occurs, even if that discussion is shorter than the duration for which it was scheduled. Our relationship under these Terms automatically ends upon satisfaction of the consultation.

Fees & Payment. We will perform this consultation for the fee you choose at the time you schedule your consultation (“Flat Fee”), which varies according to the length of your consultation. We will not perform any consultation before receiving the Flat Fee. The Flat Fee, and any additional payments you make to us, shall be considered nonrefundable “advance fee retainers” within the meaning of Bd. of Pro. Resp. v. Reguli, 489 S.W.3d 408, 422 (Tenn. 2015) that are earned upon receipt. Therefore, we will not refund the Flat Fee even if you cancel your consultation.

Advice about Possible Outcomes. Our advice about various courses of action or results that might be obtained will be based upon, and therefore only as reliable as, the information and circumstances that you communicate to us. You agree that you have not and shall not provide us with any confidential information in connection with this consultation. You further agree that our advice will relate only to general guidance about the type of issue that you describe to us. Unless and until you engage us to perform work on your behalf, you understand that we will not be implementing the advice we provide to you.

Our advice is not a promise of what may happen in the future or a guarantee of future results. We cannot guarantee you any particular outcome arising from our consultation. You are solely responsible for the actions you take based upon the advice you receive from us, and you agree that you will not hold us liable in any way for the results of those actions or your failure to act.

Conflicts of Interest. We only engage in consultations when we are not aware of any conflicts associated with consulting with you.

However, it is possible that some of our present or future clients may have transactions or disputes with you. You agree that the Firm may continue to represent or may undertake in the future to represent those clients in any matter not substantially related to our consultation with you, even if the interests of such clients in those other matters are directly adverse to you or a related entity, and even if such representations would be simultaneous.

You further agree that the Firm may continue to represent, undertake to represent, or consult with individuals, prospective clients, and actual clients in registering or policing trademarks you believe are similar to your trademarks. Indeed, you agree that the Firm’s work in representing other clients in connection with trademarks you believe to be similar to yours does not—due to the similarity of the marks alone—cause our work for those clients to substantially relate to our work for you.

However, your prospective consent to conflicting representations will not apply when, as the result of our consultation with you, we have obtained sensitive, proprietary, or other confidential or non-public information that, if known to any such other client of ours, could be used in any such other matter by such other client to your material disadvantage, and if screening procedures and similar measures would be insufficient to protect and maintain the confidentiality of that information. Please know that we have asked for similar agreements with our other clients to preserve our ability to consult with you.

Entire Agreement. These Terms constitutes our sole and entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, under or by reason of these Terms.

Last Updated: November 4, 2024