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Second Look: Standard Memo

Limited-Scope Engagement Agreement: Pre-Appeal Case Review

A Georgia attorney reviews your matter and gives you a written opinion on whether an appeal is worth pursuing. The full pre-appeal memo: $2,000*, with a 30-minute call. A review only: nothing is filed and no attorney appears in court for you.

This is the blank form. When you sign, your name, your matter, and your fee are filled in and the same text is recorded as version 2026-10-21-v4. Nothing on this page is a signature.

Draft for attorney review. The highlighted items are not final. Terms may change before you are asked to sign.

This Limited-Scope Engagement Agreement ("Agreement") is between FCP, LLC, doing business as FairCounsel ("Firm"), and [CLIENT FULL LEGAL NAME] ("Client"). It becomes effective when Client accepts it electronically and Firm confirms that no conflict of interest prevents the engagement. It covers a review of Client's matter only, not representation in any court. Please read it carefully, and feel free to ask questions or to consult another lawyer before you accept.

1. Scope: Case Review Only

Client has selected the Standard Memo review tier. Firm will review the materials Client provides about the matter described when you sign (the "Matter"), namely: The judgment/order plus the key filings, motions, and orders relevant to the issues you're considering — the trial court record most likely to matter on appeal.

Firm will deliver the following: A full written memo: standard of review, preservation-of-error check, issue-by-issue viability analysis, and an overall recommendation, plus a 30-minute follow-up call with the attorney. Typical turnaround: 7–10 business days. The follow-up call included in Client's tier is a phone or video conversation with a Firm attorney of the length stated for that tier (15 minutes for Quick Screen, 30 for Standard Memo, 60 for Comprehensive Review); Client may schedule it within 30 days after the deliverable is sent. Firm's opinion will be based only on the materials provided and the law as of the date of review. Firm's attorney may ask Client for additional documents or information, and may request records from the trial court or others on Client's behalf.

This is a limited-scope engagement under Georgia Rule of Professional Conduct 1.2(c), and Client gives informed consent to that limit. Unless Client and Firm sign a separate writing, the engagement does not include: filing a notice of appeal or any other document in any court; preparing the record on appeal or ordering transcripts; drafting an appellate brief; appearing in any court; or representing Client in the trial court or on appeal. The only exception is the separate, narrow Protective Filing Authorization described below, which applies only if Client signs it.

2. Firm's Responsibilities

Firm will provide the review with competence and diligence, keep Client reasonably informed, and respond promptly to reasonable requests for information (Georgia Rules of Professional Conduct 1.1, 1.3, and 1.4). A licensed attorney will personally review and approve the deliverable before it is sent to Client. Other attorneys and staff at Firm may assist.

3. Client's Responsibilities

Client agrees to give Firm complete and truthful information, to provide the documents Client has, to tell Firm the date of any judgment or order and of any post-trial motion, to respond promptly to Firm's requests, and to keep Firm informed of any change of address, phone number, or email.

4. Deadlines Remain Client's Responsibility

Appeal deadlines in Georgia are strict and are jurisdictional. A notice of appeal is generally due within 30 days after entry of the judgment or order being appealed (O.C.G.A. § 5-6-38), subject to exceptions such as a timely post-trial motion, which can change the deadline. Any date shown in Firm's Appeal Roadmap or elsewhere is an estimate, not a legal determination.

Requesting this review does not extend, toll, or protect any deadline. Firm is not responsible for calendaring or protecting any deadline for Client unless and until Client and Firm sign a separate representation agreement that covers it, or Client signs the Protective Filing Authorization below. If Client believes a deadline is close, Client should say so immediately and consider protecting the deadline independently.

5. Protective Filing Authorization (Only If Signed)

If Client's deadline appears close and Client separately authorizes it during intake, Firm will file a notice of appeal on Client's behalf for the limited purpose of preserving Client's right to appeal while the review is completed. That authorization is a narrow engagement. It does not commit Client to retain Firm for the appeal and does not include ordering the record, briefing, or any other step, which require a separate written agreement. Filing may carry court costs, and does not guarantee that an appeal will be pursued or will succeed. It is also subject to Firm's confirmation that no conflict of interest exists; if Firm cannot file, it will tell Client immediately so Client can protect Client's rights another way.

6. Fees and Costs

Flat fee. Client will pay Firm a flat fee of $2,000* for the Standard Memo review, paid by card through Firm's online payment processor before Client uploads documents. Firm does not receive or store Client's card details.

No refunds once accepted. The flat fee is earned when Firm accepts Client's matter, which happens after Firm confirms that no conflict of interest exists and notifies Client that it is proceeding. From that point the flat fee is non-refundable, including if Client ends the engagement early, resolves the matter another way, or does not use the services, because Firm has committed its time and reserved capacity to Client's matter. The fee will be deposited into Firm's operating account. [ATTORNEY: confirm this wording against Georgia Rules of Professional Conduct 1.5(a) and 1.16(d). A fee that is unreasonable, or that is unearned when the engagement ends before the work is substantially done, may still have to be refunded regardless of this clause. Consider whether an IOLTA-based structure under Rule 1.15(I) is safer.]

Refund before acceptance only. If a conflict of interest prevents Firm from proceeding, or if Firm declines Client's matter for any other reason before accepting it, Firm will refund the flat fee in full. Payment of the fee does not by itself mean Firm has accepted the matter.

Upgrading. Client may move up to a higher review tier at any time, before or after Firm delivers the review. Firm will credit the full fee Client has already paid and Client will pay only the difference. The higher tier's scope, deliverable, and follow-up call then replace those of the earlier tier, and the fee terms above apply to the additional amount.

Costs not included.* The flat fee does not include costs paid to others, such as court filing fees, court reporter and transcript fees, record or document retrieval fees, postage, or similar third-party costs (if any). Firm will bill those separately at Firm's actual cost, without markup. Firm will get Client's approval before incurring any single cost above $250.

Credit toward appellate representation. If Client engages Firm for full appellate representation on this Matter within 60 days after Firm sends the deliverable, Firm will credit the review fee toward that engagement. That engagement requires a separate signed agreement, and Firm is not obligated to accept it.

Fee disputes. Client is encouraged to raise any fee question with Firm first. The State Bar of Georgia also offers a fee arbitration program that may be available.

7. Communications and Electronic Records

Firm will communicate with Client mainly by email, phone or text message, and Firm's secure Client Portal, using the contact information Client has provided. Client consents to these methods. Email and text messages can be intercepted or read by others; Client should not use an email account or device that others can access if Client wants communications to stay private.

Client agrees that electronic signatures, electronic delivery of documents, and electronic records are valid and effective for this Agreement and for the representation, including under the Georgia Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) and the federal E-SIGN Act.

8. Use of Technology and AI-Assisted Tools

Firm uses technology, including artificial-intelligence tools, to help review documents and prepare first drafts, which is part of how Firm is able to offer a flat fee. A licensed attorney reviews, edits, and approves every document before it is filed or sent on Client's behalf, and remains responsible for the work.

To do this, Client's information and documents may be processed by trusted third-party service providers, under confidentiality and data-protection terms, for the sole purpose of providing services to Client. Client consents to this use.

9. Confidentiality

Firm will keep information relating to the representation confidential as required by the Georgia Rules of Professional Conduct (Rule 1.6). Communications between Client and Firm for the purpose of obtaining legal advice are generally protected by the attorney-client privilege; Client should not share Firm's advice with others, because doing so can waive the privilege.

10. Conflicts of Interest

Firm's acceptance of this engagement depends on Firm confirming that no conflict of interest exists under Georgia Rule of Professional Conduct 1.7. Client has provided the names of the opposing parties and counsel for that purpose. If a conflict is identified, Firm will tell Client promptly and will not proceed, and Client will receive a refund as described above. Until Firm confirms it can accept the matter, Firm owes Client only the duties owed to a prospective client under Rule 1.18, and Client should protect Client's own deadlines.

11. No Guarantee of Outcome

Firm's deliverable is its professional opinion based on the materials provided. It is not a promise that an appeal will succeed or that any particular result will be reached, and it does not replace advice tailored to facts Firm has not seen.

12. Client File

Client may request a copy of Client's file at any time. Firm will keep the file for six (6) years after the representation ends and may then destroy it without further notice to Client, unless Client asks in writing for its return before that time.

13. Ending the Engagement

Client may end the engagement at any time by written notice. Firm may withdraw as permitted or required by Georgia Rule of Professional Conduct 1.16, with reasonable notice to Client. Unless ended sooner, the engagement ends when Firm sends the deliverable (and holds any call included in Client's tier). After that, Firm has no continuing duty to advise Client about later developments or deadlines unless Client and Firm agree in writing.

14. General Terms

This Agreement is governed by Georgia law and the Georgia Rules of Professional Conduct. It is the entire agreement between Client and Firm about this engagement and may be changed only in a signed writing. If any part is found unenforceable, the rest remains in effect. Nothing in this Agreement limits any right Client has under the Georgia Rules of Professional Conduct or other law that cannot be waived.

15. Acknowledgment

By checking the box and continuing, Client confirms that Client has read and understood this Agreement, has had the chance to ask questions and to consult another lawyer, and agrees to its terms. Client's acceptance, with the date, time, and IP address, will be recorded.

* Our flat fees cover the attorney work described for your matter. They do not include court filing fees, process-server or other service fees, court reporter and transcript fees, record or document retrieval fees, postage, or similar third-party costs (if any). Those are billed separately, at cost.

Christopher McClurg, Esq., MBA, and the attorneys of FairCounsel.

Ready? You see this agreement again, filled in for your matter, and accept it before you pay.

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