CaseDriver Paralegal TERMS OF SERVICE

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Terms of Service

Terms of Service for Paralegal Support Services provided by MBT Case Management, LLC (dba CaseDriver and CaseDriver Paralegal). 

Hereinafter, MBT Case Management, LLC and CaseDriver Paralegal are referred to as CaseDriver. 

CaseDriver provides administrative support and case management services to attorney customers (hereinafter “Attorney”) representing clients in bankruptcy. The Attorney agrees CaseDriver does not provide client leads or advertise the attorney’s practice and the Attorney must provide all client data to CaseDriver for administrative service.  This work is done under the supervision of the attorneys enlisting these services who represent the debtors seeking bankruptcy relief.  

The Attorney recognizes he or she is not sharing legal fees with CaseDriver and that within this service provider relationship, CaseDriver is not a law firm, attorney or legal entity recognized by the US Bankruptcy Code as a debt relief agency. The Attorney may unilaterally terminate services with CaseDriver completely or on a case by case basis and he or she maintains complete oversight and control of the legal strategy and analysis of each case. 

Basic Services

The Attorney shall enter new client information into the CaseDriver software platform to initiate the paralegal services for each case. CaseDriver paralegals are assigned to the cases entered by the Attorney. The CaseDriver paralegal will perform the following services for the Attorney under the Attorney’s supervision and review: 

1. Client Interview and Intake

a. CaseDriver will solicit completion of the Client Intake Form and other online forms in the CaseDriver online platform from the client.

b. CaseDriver will interview the client by telephone and conduct subsequent telephone, email and text dialogue with the client. The CaseDriver platform and communication between CaseDriver and the Attorney will provide the Attorney access to all communications. 

2. Document Collection and Storage

a. CaseDriver will gather documents from the client and store said documents in the online portals created in the CaseDriver platform.

b. CaseDriver shall make available to the Attorney access to all documents and individual portals created for the clients. 

c. CaseDriver will utilize the Dropbox online platform for collection and storage of the documents. The Attorney does not need to subscribe to the Dropbox service to view and manage the documents. If the Attorney chooses to subscribe, the Attorney is responsible for any costs for their individual account and CaseDriver will facilitate sharing the Attorney files with the subscribed account. 

d. CaseDriver reserves the right to change the document storage platform from Dropbox to any other service as needed.

3. Case Authoring

a. Petition is defined as: Voluntary Petition, Schedules, Statement of Financial Affairs, Form 22 (Means Test), Statement of Compensation, Exhibit D, Statement of Intent, SSN Statement, Application for filing fee Installments or IFP and Chapter 13 Plan.

b. CaseDriver will assemble the bankruptcy petition for each case using the software platform preferred by the Attorney. These platforms may include, Bestcase by Stretto, Jubilee by LegalPro or NextChapter. 

c. The Attorney is responsible to purchase a license with the chosen provider that allows CaseDriver as an additional user in compliance with the terms of the software provider. 

d. The Attorney will provide CaseDriver the credentials necessary to utilize the software.

4. Legal Analysis & Filing Approval

a. Through the course of its service delivery, CaseDriver will NOT provide legal analysis or legal advice to the clients. 

b. When legal inquiry or analysis is needed on a case, CaseDriver will place the case in Legal Analysis Status inviting the Attorney to provide such analysis. CaseDriver will, as any paralegal operating under attorney supervision, draft the case documents pursuant to the legal analysis and direction of the Attorney.

c. Attorney agrees to diligently monitor all cases and complete tasks and perform legal analysis according to the instructions provided by the CaseDriver software and in email and texts from the system and the paralegals.

d. The Attorney will monitor their assigned Tasks in the CaseDriver platform to quickly perform the Legal Analysis and Approve Filing tasks and use the CaseDriver platform to complete the tasks.

e. If the Attorney emails or texts or communicates by phone with CaseDriver staff regarding Legal Analysis and Filing Approval, the Attorney will memorialize or copy that communication into the CaseDriver platform when marking the Task as complete.

5. Case Signing

a. Upon completion of the bankruptcy petition for each client, CaseDriver will provide the completed petition to the Attorney and the Client.

b. The Attorney is responsible to approve the petition documents and/or provide instruction for editorial changes. 

c. The Attorney is solely responsible to assure the client has reviewed the petition and has had opportunity to discuss questions and seek clarity from the Attorney before the client signs the petition.

d. If substantial work is needed on a case after the signing appointment that is prompted by new information provided by the client, CaseDriver may impose a fee to perform this additional work.

6. Case Filing

a. The Attorney shall either file the case with the federal court using his or her ECF credentials or give specific verbal or written instruction to the CaseDriver paralegal to do so. 

b. The Attorney understands he or she is responsible for each filing to the case and shall take full responsibility for the consequences of the filing and the responsibilities to the court.

7. Post-Filing Document Management and 341 Meeting Preparation

a. Unless otherwise agreed, CaseDriver shall deliver all documents to the trustee assigned to the case in advance of the 341 Meeting of Creditors. 

b. Unless otherwise agreed, CaseDriver shall provide the client with instructions to facilitate the client’s attendance to the meeting.

c. The Attorney shall consult with the client providing legal analysis and legal counsel in preparation for the meeting. 

d. CaseDriver will remind the client of their duty to complete the online Personal Financial Management Certificate. 

i. The reminder will include a link to the online provider preferred by the Attorney. The Attorney is responsible to enter the link for the provider in his or her profile in the CaseDriver platform. The Attorney shall not choose a provider that does not offer filing of the certificate as part of their level of service.

ii. CaseDriver shall not be liable for the costs associated with the client’s failure to take the course, the client’s failure to use the recommended provider or for the failure of the provider to file the course. Should the case be closed without discharge due to this failure, the client and/or the Attorney shall bear the filing fee costs and other related costs should the case need to be reopened. Should the Attorney seek the service of CaseDriver to file and manage such a motion, the Attorney acknowledges an additional fee may be charged by CaseDriver for such service.

8. Debtor Education Certificate

a. CaseDriver will include the link and reminders for the clients to take the post-filing debtor education course. The link sent to the client will be populated by the Attorney using the My Profile function and will then be populated into the communications from CaseDriver to the client. The reminders will be sent both before and after filing announcing the second course must be taken before the 341 meeting. 

b. Although the CaseDriver platform may send an additional reminder after the 341 meeting, this third reminder is automated and is subject to data imperfections. 

c. The Attorney agrees they will not choose a provider that does not include filing the certificate to the case as part of their service.

d. The clients will be reminded that if they choose not to use the provider associated with the link, the certificate may not be filed and the case may be closed without discharge and the client will pay all fees associated with reopening the case. This obligation will remain in effect even if the client provides copies of the unfiled certificate to the firm or CaseDriver and, while it will be unlikely, the certificates are not filed. 

9. Confirmation of Chapter 13 Plan

a. The Attorney may choose to employ the CaseDriver Paralegal services to perform post-341 Meeting work to achieve confirmation of the Chapter plan. The cost of service is in addition to the basic services described above. 

b. The cost of service may include 2 automated payments of approximately $300.00 at the time the Chapter 13 trustee recommends confirmation of the plan or the judge orders such. The second automated payment shall be processed approximately 30 days following either of these events in the approximate amount of $200.00. The exact costs shall be determined by CaseDriver and the Attorney at the time services commence.

c. The services may include the following:

i. Gathering the list of objections or issues raised by creditors and the trustee.

ii. Preparation of amendments to schedules and to the plan that are necessary to resolve objections or issues with the plan.

iii. Coordination with the clients and the trustee’s office regarding documents and clerical matters. 

iv. Receipt of counsel and direction from the Attorney to apply legal analysis to resolve issues barring confirmation. 

v. Preparation of routine motions to continue confirmation and objections to motions to dismiss as needed to facilitate confirmation of the plan.

10. Attorney Post-Filing Duties

a. Immediately after a case is filed, the Attorney must begin monitoring ECF emails from the Court to determine legal work that may need to be performed in addition to the Basic Services outlined above. 

b. The Attorney will also use the CaseDriver platform to view the Docket Tab and the Red Flags panel in the cases to monitor activity.

c. The Attorney will respond to Creditors who file Motions for Relief from the Automatic Stay.

11. Case Duties transferring from CaseDriver to Attorney

a. Throughout delivery of the Basic Services above, the Attorney and CaseDriver will monitor the case and work jointly to move the cases forward. Upon completion of the above duties, the management, oversight and monitoring of the case shall become the sole responsibility of the Attorney. 

b. In Chapter 7 cases, this includes:

i. Trustee Directives unique to the case beyond the standard documents delivered in preparation for the 341 Meeting

ii. Client delivery of tax returns and payment of tax refunds to the trustee that are due after the 341 Meeting

iii. Response to Motions to Turnover, Motions to Employ, Motions to Revoke Discharge, Motions for 2004 Examination and other informal trustee requests for documents or client response

c. In Chapter 13 cases, this includes the above and:

i. Post Confirmation Motions to Dismiss, Objections filed by Creditors, Motions to Extend or Impose the Automatic Stay

ii. The Attorney may choose to employ CaseDriver services to write and file responsive pleadings or motions. This work may be in addition to the Basic Services. The cost for this work will be determined on a case by case basis.

Attorney Supervision

The Attorney is wholly responsible for the legal analysis, consultation and delivery of legal advice in each case. CaseDriver and its staff cannot provide legal advice or counsel.  The Attorney will follow the processes described above to perform legal analysis and approve filings to the cases. The Attorney understands deadlines associated with filings may be pressing and the Attorney will rigorously monitor his or her cases on the CaseDriver platform, respond to text messages and email from CaseDriver staff and monitor the ECF emails from the court to deliver timely supervision, legal analysis and filing approval.  

Costs and Payment

Unless otherwise acknowledged in a separate express agreement, the costs of service shall be as follows:

· $100 – Client Intake Meeting

· $315 – Chapter 7 - Document Collection, Write / File / Trustee Documents* 

· $340 – Chapter 13 - Document Collection, Write / File / Prepare Plan / Trustee Documents

· $300 – Chapter 13 - Plan Confirmation Trustee Recommendation or Order**

· $200 – Chapter 13 – Plan Confirmation 30 Days after Trustee Recommendation or Order

· $240 – Motion Work - Approximate Cost

· $75 – Surcharge for emergency case preparation forcing exclusion of other case work

* If the service agreement provides for Attorney filing of case, the billable moment will be when the case is prepared and delivered for the Attorney to then conduct the signing and filing appointment with the client.

**If the confirmation hearing or order are continued beyond 90 days from the date of the 341 Meeting, the first $300 will be billed at that time unless the continuation is due to CaseDriver issues.

The cost of service paid by the Attorney to CaseDriver shall be set by the Attorney and CaseDriver pursuant to individual terms and levels of service desired by the Attorney. The cost shall be a flat fee paid per case regardless of the fee charged by the Attorney to his or her client. The Attorney recognizes certain adjustments to the cost of service may be made based on the urgency or complexity of a case. 

Additional fees may be charged for repeated work. This may be prompted by client dereliction or intentional strategic mandates made by the Attorney.  

The Attorney shall provide CaseDriver a payment method through the LawPay online platform. The Attorney hereby agrees CaseDriver may process automatic payments for the following events using the card and account the Attorney places in the LawPay Card Vault. These events are: 

· Completion of the Client Intake Meeting

· Purchase of Credit Reports

· Preparation of the Full Case Petition (If not charged at time of filing)

· Filing of the Case

· Trustee Recommendation or Court Order of Confirmation of Plan

· 30 Days following Trustee Recommendation or Court Order

· Filing of Motions

The Attorney understands that entering a case into CaseDriver will prompt CaseDriver staff to begin service delivery which may prompt these automated billable moments.  If the attorney wishes to suspend delivery of service by CaseDriver pending payment of legal fees or some other issue, the Attorney may enter the case into the CaseDriver platform but immediately set the case into Pending Funds status if they are waiting for fee payments or Dormant status if other reasons prompt delay. In either instance, the Attorney must enter a Note in the case giving specific guidelines to CaseDriver regarding anticipated work.  

Should the costs of service not be automatically debited, the unpaid balance shall accumulate interest at the rate of 5% compounded monthly from the date of service completion.

Credit Reports

The Attorney is responsible to provide CaseDriver the needed credentials for the purchase of individual and joint credit reports for clients. If the Attorney does not have such an account, CaseDriver may procure a credit report for the client as part of the assembly of documents collected from the client. The Attorney hereby acknowledges he or she bears all liability regarding the procurement of the report, the impact on the client’s credit score and the preservation of the report. The Attorney shall hold CaseDriver harmless should any claim arise from the client regarding the credit report and the Attorney shall assume full responsibility for such claims. 

Reaffirmation Agreements

The Attorney assumes all responsibility for the acquisition, client review, completion and filing of reaffirmation agreements in each case. CaseDriver does not prepare, acquire or file reaffirmation agreements for clients. The rights of creditors and their exercise of those rights mut be analyzed and managed solely by the Attorney.

Service of Documents

Service of documents is the sole responsibility of the Attorney. CaseDriver does not print and mail documents identified in Certificates of Services filed to cases. The Attorney will monitor notices from the court and from CaseDriver to determine his or her obligations to mail documents to the addresses found on the mailing matrix of each case. CaseDriver recommends the use of certificateofservice.com and advises Attorneys to subscribe to this service.

Motion Work

CaseDriver may perform motion work for the Attorney. The preparation and filing of routine motions is an included service as part of the flat fee charged for each case. These include:

1. Motion to Reschedule 341 Meeting. This is not an included service if the reason for the continuance is due to the client or Attorney failing to perform a duty prescribed by the bankruptcy code or the CaseDriver terms of service.

2. Motion to Continue Confirmation Hearing.

3. Objections to Motion to Dismiss when filed by a trustee due to work that must be performed by CaseDriver pursuant to the terms of service.

a. CaseDriver may charge additional costs of service to respond to Motions to Dismiss filed to a case pursuant to client’s or attorney’s failure to perform duties prescribed by the bankruptcy code or the CaseDriver terms of service.

Other non-routine motion work may be performed by CaseDriver which is not included in the flat fee. These motions may include Motions to Incur Debt, Motions to Abate Payments, Motions to Abandon, Motions to Convert, Motions to Sell Property, etc. CaseDriver anticipates the Attorney will earn fees for the work performed on these cases. CaseDriver will determine the flat fee for this service on a case by case basis. The work generally includes preparation of the motion pleading, assembly of exhibits, filing of the motion and notice of hearing, preparation and submission of proposed orders and notification to the client. The Attorney is solely responsible to collect the fees from the client or provide direction to CaseDriver if a fee application must be prepared. 

Business Cases

Business related cases may require additional work beyond the basic services described above. Clients who owned or are currently operating a business may be required by the court or trustee to produce additional documentation or complete local forms. The costs for this additional work to be performed by CaseDriver will be set on a case by case basis with the Attorney.

CaseDriver Software

CaseDriver provides the Attorney a username and password allowing access to the online CaseDriver platform. The Attorney must securely retain this information. The Attorney understands access to the platform allows him or her to view sensitive data including tax returns, bank statements and social security numbers of his or her clients. If access using the Attorney’s username and password is deemed to be an unauthorized breach, the liability and any damages shall be solely that of the Attorney and the Attorney shall hold CaseDriver harmless for such damages. CaseDriver and its staff shall exercise diligence in the preservation of username and password data. 

Attorney agrees to keep all passwords and usernames up to date in his or her CaseDriver profile. If a password or username is changed for any of the application that require CaseDriver access, including ECF, trustee document portals, NDC or bankruptcy petition preparation software, the Attorney will update the information in his or her profile in CaseDriver. If the attorney renews or changes his or license profile with Bestcase (Stretto), the Attorney will promptly notify CaseDriver. The Attorney agrees to keep these software platforms up to date and active.

The Attorney agrees to enter ecf@casedriver.com into his or her secondary email address field in each of the jurisdictions where the Attorney files cases and expects work to be performed. 

The Attorney agrees to actively monitor tasks assigned to him or her in the CaseDriver platform. He or she will diligently complete the assigned tasks.

The Attorney agrees to remain informed of the status and work performed on his or her cases using the CaseDriver platform. The Attorney will not solely rely on email, text or phone communication with the CaseDriver staff to remain informed of the issues and status of his or her cases and will primarily use the software platform to do so.

The Attorney agrees to diligently respond to email and texts from CaseDriver and from CaseDriver staff. The Attorney will respond to questions and invitations to communicate with their own clients as needed to progress the case and provide ongoing legal representation to their clients.

Document Management

CaseDriver will make available to the Attorney all documents collected on each case. The Attorney, at all times during the course of delivery of services will have access to the case files and documents. CaseDriver and the Attorney will share password protected access to an online file storage account located at www.dropbox.com. The nature of the Dropbox service is such that, the documents are stored in a secure online location as well as on the computers used by the Attorney and CaseDriver. 

Presently, the use of Dropbox is free of charge for storage of up to 2 Gigabytes of data. CaseDriver anticipates for most attorneys this amount of storage is adequate to facilitate delivery of CaseDriver services. In the event this minimal storage is no longer free of charge or the attorney needs additional storage, Attorney is responsible for payment of any related subscription fees and management of Attorney’s relationship with the Dropbox service.

While the secure storage of documents will be managed by CaseDriver, the Attorney is responsible to maintain his or her own back up of the data and documents. He or she is strongly encouraged to perform intermittent back up of the data to the computers and systems maintained in Attorneys own office. Although the likelihood is remote, CaseDriver is not liable to the attorney for the loss of data. 

While the Dropbox service is currently the preferred medium to share protected access to case documents, CaseDriver may, at its own discretion, use an alternate service. If CaseDriver changes the service provider, CaseDriver shall be responsible to train and assist Attorney and Attorney’s staff regarding the use of the subsequent service. Attorney shall be responsible for the possible costs or purchase of the new software. 

PACER / ECF / Document Portals / Bankruptcy Petition Software / NDC

The Attorney will provide CaseDriver the username and password information for ECF/PACER, Trustee Document Portals, Trustee portals for Chapter 13 Case data such as NDC and bankruptcy petition software. In order to promote the workflow on each case, the Attorney will constantly assure the credentials are up to date and correct using his or her My Profile link found under his or her name in the CaseDriver Platform. The Attorney recognizes that because the CaseDriver platform captures approximately 90% of the data delivered from the Court, CaseDriver may need to capture certain ECF events and documents using the Attorney’s PACER credentials. The cost of this will be borne by the Attorney and will be minimal because of the efficiency of the CaseDriver platform. 

Attorney & Law Firm Information

In the course of performing services, CaseDriver may obtain certain information from the law firm including email addresses, bar numbers and other credentials. CaseDriver shall protect this information from public access and only allow CaseDriver staff to use this information for the sole purpose of performing services for the Attorney. All information and files relating to client and Attorney information will be located in password protected secure locations with CaseDriver. CaseDriver shall not make available to any commercial entity the private information, including email addresses of the Attorney and his or her clients. 

Indemnification

CaseDriver offers services to attorneys and law firms who represent clients in bankruptcy. The Attorney is responsible to thoroughly review the bankruptcy petition, amendments and pleadings as well as the entire case file for each client. It is the Attorney’s obligation to notify the Clients of the role of CaseDriver and to describe his or her role as the sole provider of legal advice. Although CaseDriver is attorney owned, CaseDriver does not perform legal services to the debtors hired by the Attorney or law firm utilizing services of CaseDriver. Throughout the process of document collection and case management, CaseDriver will communicate with debtors. No employee or owner of CaseDriver shall provide legal advice to debtors. All questions posed by the debtors prompting legal advice shall be referred to the attorney and the debtors will be made aware by CaseDriver of the questions requiring legal advice.

The Attorney and law firm agree to indemnify and hold CaseDriver harmless from and against any and all liabilities, including attorney’s fees and damages arising out of claims made by the debtors represented by the attorney. The indemnification shall be implemented by the attorney in all claims made by the debtors who have hired the attorney’s services including, but not limited to, malpractice and breach of contract.

Term of the Agreement

 

The initial term of this Agreement for Services shall be limited to cases provided by the Attorney to CaseDriver for preparation. Attorney or CaseDriver may terminate the agreement at any time. At the time of termination Attorney is to pay CaseDriver in full for any and all work performed up until the day of termination. In addition, any cases that CaseDriver has started before the date of termination shall be either completed by CaseDriver and Attorney will pay CaseDriver in full on such cases or the parties may negotiate an equitable payment for services rendered up to the date of termination. 

Warranty as to Good and Professional Services

CaseDriver warrants that the services will be performed in a timely and professional manner. CaseDriver  shall use commercially reasonable efforts to respond to all requests of the Attorney. CaseDriver agrees, at its own expense, to promptly re-perform any services not conforming to this warranty for which Attorney provides notice of nonconformance. CaseDriver shall not be liable for consequences due to the Attorney’s or Attorney’s client’s failure to act with respect to delivery of services. CaseDriver shall not be held responsible for missed court and trustee deadlines. The attorney is solely liable to meet such deadlines and any incidental or direct damages resulting from missed deadlines shall be borne by the Attorney and not CaseDriver. CaseDriver’s failure to act with respect to a breach by the Attorney or failure or delay by the attorney’s client does not waive CaseDriver’s right to act with respect to subsequent or similar breaches. 

The software providing the CaseDriver platform is for reference only. The Attorney is obligated to monitor ECF emails, court dockets in PACER and other communications from the parties in a case to schedule hearings, and to remain informed and diligent regarding his or her duties as counsel. The Red Flags panel, Hearings Tab, Docket Tab and Claims Tab in each case captures automated data from the federal courts. However, as with any service relying on third party delivery of data, CaseDriver is not perfect and the data may be incomplete. CaseDriver staff will work to maintain the Docket Tab, Hearings Tab and Claims Tab to promote accuracy, but the Attorney should rely on sources available from the Court as a primary or secondary source to assure their duties in each case are performed and deadlines are met. 

No Other Warranty

CaseDriver makes no express or implied warranties for outcomes in cases where services are provided. CaseDriver makes no warranties regarding the performance of software used by the Attorney including CaseDriver, Dropbox, Adobe Acrobat, BestCase, Jubilee, NextChapter, trustee document portals, etc. Attorney and CaseDriver are each responsible to assure functionality of necessary software to facilitate the exchange of work performed. 

General

The Attorney acknowledges that CaseDriver and its staff are not employees of the law firm and is simply a case by case expense. CaseDriver is a virtual paralegal service provider only. CaseDriver does not expect the Attorney to identify CaseDriver as a 1099 expense for purposes of tax preparation for the Attorney or the Attorney’s law firm. 

The Attorney will communicate directly with their clients to set the legal fees and the Attorney will solicit the signed fee agreements and store those documents. The Attorney will be responsible to collect payments from his or her clients. CaseDriver will not ask for clients to sign fee agreements and CaseDriver will not take payments from clients for attorney fees, filing fees or administrative fees. 

Attorney agrees his or digital signature or acceptance of terms by checking the related acknowledgement upon his or her entry of a new client into the CaseDriver platform, shall satisfy execution of this agreement. The laws of the state of Colorado, shall govern this agreement. The Attorney expressly agrees that exclusive jurisdiction for any claim or dispute arising from the use of CaseDriver services or the enforcement of this agreement shall be adjudicated in the state of Colorado.