Terms & Conditions

Last modified: October 31, 2024

The following terms and conditions apply to all engagements entered into between any client and My Veteran Solutions (“MVS”):

Communication and Cooperation: MVS will render services to you in reliance upon the information and guidance that you provide to us concerning your objectives. For us to effectively represent you, you agree to cooperate fully with us in all matters and to fully and truthfully disclose to us all facts, documents, materials, and information that may be relevant to this engagement or that we may otherwise reasonably request in connection therewith. You also agree to make yourself reasonably available to communicate and confer with us as may be deemed necessary from time to time given the nature of this engagement and your objectives. Your failure to communicate and cooperate with us in this respect could have an adverse effect on our ability to represent your interests effectively and efficiently in this matter and may require that we suspend the rendition of further services in respect of, or entirely withdraw from, this engagement. You further understand that your failure to provide information, to cooperate with us or to fulfill your duties during the pendency of this matter may increase the cost of the legal services we render.

Limitations on Engagement: Unless otherwise expressly stated, it is understood and agreed that you are not relying upon us for investment/accounting advice or decisions or to investigate the character or credit of any persons with whom you are or may be dealing in connection with this matter.

No Tax Advice. No opinion regarding the tax consequences of your life care plan is being given or will be given by us, nor is any representation or warranty in this regard made by virtue of this Agreement. You must consult their own tax advisors regarding the tax consequences of your life care plan, including any tax reporting obligations they may have with respect thereto. Your tax obligations, and the determination thereof, are your sole responsibility, and it is understood that the tax consequence may vary depending on your particular circumstances. We shall have no liability or responsibility whatsoever for any such tax consequences resulting from your life care plan.

Conflicts of Interest: This firm has represented, and continues to represent many different individual, partnership, corporate and other organizational clients with various interests in numerous businesses and industries. Accordingly, it is possible that during the course of our representations of your interests in this engagement you may become involved in transactions or disputes with other clients of clients of our firm in which your interests are or become adverse to the interests of one or more of our other clients, whether present or future. If such a conflict between your interests and those of another of our clients, whether present or future, were to arise, we will promptly notify you of that circumstance as soon as we become aware of the same. However, we reserve the right, on account of any such conflicts of interest, to withdraw from this engagement and represent the interests of another client of this firm whose interests are in conflict with yours.

Waiver of Future Conflicts: It is a condition of our acceptance of this engagement that you understand and agree that this firm may continue to represent, or may undertake in the future to represent, any existing or future client(s) in any matter which is not substantially related to the particular matter that we are handling for you in this engagement, even if the interests of such client(s) in such other matter(s) may be directly adverse to your interests, and even if such other matters involve or ripen into litigation. You should know, and are hereby advised, that in similar engagement letters with many of our clients, we have asked for and obtained similar waivers of future conflicts in order to preserve our ability to continue to represent you in similar circumstances. We agree, however, that your prospective agreement and consent to such conflicting representations shall not apply in any instance where, as the result of our representation of you, we have obtained sensitive, propriety or other confidential information of a non-public nature that, if known to any such other client, could be used to your material disadvantage.

Termination of Engagement: Either party may terminate this agreement with or without cause and at any time upon giving written notice to the other party. The termination of this agreement will not affect your obligation to pay for the legal services we have rendered. We agree to refund you the portion of any retainer funds that you have paid, which has not been applied to the payment of legal fees or expenses at the time of termination. In any event, upon termination of this engagement or the conclusion of this engagement, this firm shall no longer be under any duty and/or obligation to perform or render professional services to you under this agreement. This firm will retain a full copy of your file in this matter, in electronic and/or paper format, for a period of five (5) years following the termination and/or conclusion of this firm's representation of you in this matter, or for a longer period if required by applicable law. At the conclusion of such five (5) year time period, your file will be destroyed.

Record Retention Policy. During the normal course of representation, both paper and electronic files are collected. Upon the conclusion of representation, we will provide the entire case file to you. We may also retain portions of the case file pursuant to our record retention policy and any applicable confidentiality agreement or protective order.

Limited Power of Attorney. You hereby grant us a limited power of attorney to sign any applicable documents to obtain one or more advances from third parties to fund costs and expenses related to your representation. You authorize us to enter into these loan agreements and agree that you will honor any payments for principal, interest, purchase interest and fees due to the lender or purchaser under those agreements.

Personal Data. We and our agents may accumulate, hold, and process your personal data and/or sensitive personal data within the meaning of applicable law. We are currently in compliance with all applicable laws in connection with data privacy. We shall maintain and implement reasonable and appropriate security procedures consistent with prevailing industry standards and all applicable laws to protect your data from any unauthorized access or use.

Limitation of Representation for VA Application. Our representation is limited to the initial benefit determination by the Department of Veterans Affairs. After receiving VA’s initial claims decision, this agreement will terminate by allowing the automatic revocation of the VA Form 21-22a. However, we will advise you of any potential next steps regarding your pension application.

Additional Services. If you wish for this firm to provide services in addition to those stated, including but not limited to any litigation matters at any time, an amended engagement letter will need to be executed specifically stating the scope of any additional services to be provided.

Jurisdiction: This agreement supersedes all prior representations and understandings whether written or oral. The laws of the State of Texas in all respects shall govern this agreement. However, the documents created under this agreement will comply with the probate laws of the jurisdiction in which you are domiciled.

Designation of Forum. Each party to this Agreement consents to the exclusive jurisdiction of the courts of the State of Texas sitting in Fort Bend County and in the United States District Courts, Southern District of Texas for the purpose of all legal actions and proceedings arising out of this Agreement or the transactions it contemplates.

Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this Agreement will be construed as if the invalid provision had never been included.

Mediation. In the case of any dispute arising under this Agreement which cannot be resolved, the Parties agree that, prior to commencing any proceeding, they will attempt in good faith to resolve the dispute through confidential mediation with a mediator agreed upon by the parties. Each party shall bear one-half of the mediator fees and expenses, but each party shall bear its own attorneys’ fees and expenses.