2007 Independence Street, Cape Girardeau, MO 63703 · 573-334-5125 · www.CapeGirardeauLaw.com

TERMS OF SERVICE

Version 2026.07.20 · Effective July 20, 2026

These Terms of Service govern all legal work performed by the Law Office of Mark McMullin (the “Law Office”). They are incorporated into each Representation Agreement and into any engagement the Client enters, including an engagement formed by text message. The version of these Terms in effect on the date the Client agrees to the engagement governs that engagement. Specific matters, fees, and any special conditions are set out in the Client’s Representation Agreement; the hourly rates and fee amounts referenced here are stated in the Law Office’s current Rate Schedule.

1. Scope of Representation

The Law Office represents the Client only for the matter described in the Client’s Representation Agreement. Representation does not extend to any other matter; additional services require a separate Representation Agreement. Representation does not include tax advice, and the Client is encouraged to consult a CPA or tax professional.

No Litigation or Disputes. Representation is limited to planning, drafting, and administration and does not include litigation or contested matters — including will or trust contests and disputes among family members, beneficiaries, or fiduciaries. If a dispute arises, the Law Office may withdraw or handle it by separate agreement.

2. Client Cooperation

The Client agrees to cooperate with the Law Office and to provide requested information promptly. In some matters — including Medicaid eligibility and matters with signing or wedding dates — time is of the essence, and delay in responding may adversely affect the outcome.

3. Fees

Fees are set out in the Client’s Representation Agreement using one of the fee types in Section 4, and are based on the work performed rather than the outcome. Fee disputes are resolved through the Missouri Bar’s Fee Dispute Resolution Program.

4. Fee Types

The Representation Agreement will specify one of the following fee types:

A. Flat Fee. A fixed fee for the entire scope of the matter. The total does not change. The fee is earned as the work is performed; the Client’s execution of the documents is not a condition of the Law Office earning the fee for work already performed. If the representation ends before completion, any unearned portion is refundable. A $100 fee applies if a scheduled signing date is changed with less than one week’s notice.

B. Hourly. Attorney and staff time billed at the hourly rates in the Law Office’s current Rate Schedule, at the rate applicable to the person performing the work. Time is billed in tenth-of-an-hour increments, rounded up to the nearest tenth.

C. Hourly with Minimum. The hourly basis in Type B, subject to a minimum fee stated in the Representation Agreement. The minimum is the least the completed matter will cost: time is billed at the Type B rates, any time beyond the minimum is billed at those rates, and the fee for the completed matter is never less than the minimum. If the representation ends before the work is completed, the Law Office bills the reasonable value of the work performed to that point and refunds any unearned portion.

D. Retainer plus Hourly. An initial retainer stated in the Representation Agreement, deposited in the Law Office’s Client Trust Account and billed against at the hourly rates in Type B. The Client agrees to replenish the retainer on request. Any unearned portion of the retainer is refundable.

E. Statutory (Probate). For probate matters, fees are the greater of the statutory percentage allowed under RSMo § 473.153 or hourly time under Type B. The specific schedule and any minimum are stated in the Probate Representation Agreement.

5. Rate Schedule and Rate Changes

Hourly work is billed at the rates in the Law Office’s current Rate Schedule, which the Client may request at any time. The Law Office may revise the Rate Schedule from time to time. The Law Office will provide at least 30 days’ advance notice of a rate change affecting an active matter, ordinarily by electronic means, and the revised rates will apply to work performed after the effective date. Flat fees already quoted are not affected by rate changes. A Client who does not wish to continue at a revised rate may end the representation under Section 20.

6. Costs and Expenses

The Client is responsible for out-of-pocket costs the Law Office advances on the Client’s behalf, charged at actual cost without markup. These include third-party charges such as recording fees, deed request and certification fees, filing and court costs, and title searches. Out-of-state deeds, in particular, carry recording and processing costs that vary by state — often several hundred dollars — and the Law Office will provide an estimate before incurring significant costs of this kind. For matters requiring court appearances, travel is charged at the IRS standard mileage rate. Costs are deducted from escrowed funds where available; otherwise the Client agrees to pay within 30 days of billing. Some third-party costs are paid directly by the Client, and others are advanced by the Law Office and billed to the Client at that same actual cost.

7. Payment

The Client agrees to pay bills promptly. Amounts unpaid 30 days after billing may accrue interest at 18% annually, and collection costs, including attorney fees and court costs, are the Client’s responsibility.

Payment Methods. Payments by credit card are subject to the processing charge stated in the Rate Schedule. This charge does not apply to smaller amounts as described in the Rate Schedule, or to payments by check, cash, or bank transfer, which carry no additional charge. The dollar amount of any processing charge is shown before payment.

8. Consultations

A scheduled consultation is billed at the attorney’s hourly rate, with the minimum charge stated in the Rate Schedule. If the Client engages the Law Office for a flat-fee matter, the first hour of consultation time is included in the flat fee; consultation time beyond one hour is billed as additional attorney time. The consultation fee is earned for the consultation itself and is separate from the fee for any legal work the Client later engages the Law Office to perform.

9. Communication and Technology

a. Electronic Communication. By providing contact information, the Client authorizes communication by phone, email, text message, fax, and other electronic means, and acknowledges the inherent security risks of electronic communication, which may be intercepted or accessed by unauthorized parties. This authorization applies to every telephone number the Client provides and remains in effect unless revoked in writing. When the Client provides contact information for another person involved in the Client’s matter — such as a family member, successor trustee, agent under a power of attorney, or beneficiary — the Client represents that the Client is authorized to share it, and authorizes the Law Office to communicate with that person about the matter by the same means, including text message. Text messages may include appointment reminders and confirmations, requests for documents or information, status updates, and engagement texts under subsection (c). Message frequency varies; message and data rates may apply. Any recipient may reply STOP at any time to opt out of texts, or reply HELP or call 573-334-5125 for assistance. Opting out of texts does not affect messages necessary to form or manage an engagement, or communication by other means.

b. Recording and Transcription. The Client consents to the Law Office recording and transcribing consultations, meetings, and calls for accuracy, note-taking, and file documentation, including automated transcription and summarization by the tools described in Section 10. The Client and the Client’s agents will not record conversations with the Law Office without prior written authorization.

c. Electronic Signatures and Text Assent. This engagement may be formed, and documents signed, electronically — including by typed or drawn electronic signature and by text reply. The Client may enter certain engagements by replying AGREE to an engagement text that states the scope, the fee, and a link to these Terms; an engagement formed this way is as valid as one formed by signed writing. The Law Office’s records of such assent are valid evidence of the agreement, consistent with the Missouri Uniform Electronic Transactions Act.

10. Technology, Service Providers, and Artificial Intelligence

a. How we use technology. The Law Office uses technology — including artificial intelligence and its own practice software — to help with drafting, document preparation, transcription, research, case management, and communication. A licensed attorney reviews and approves the work. These tools support the Law Office’s judgment; they do not replace it.

b. Trusted service providers. To carry out your matter, the Law Office relies on established outside providers, including practice-management, document-drafting, and electronic-recording services. Matter information is shared with them only as needed to serve you, and only where they are bound to keep it confidential.

c. Firm operations. Some of this technology serves your matter directly; some supports running the Law Office — billing, scheduling, file management, and improving our own systems.

d. Your consent and our safeguards. By engaging the Law Office, you consent to this use of technology and to the sharing of information with these providers under confidentiality protections. The Law Office takes reasonable steps to protect your information, including vetting providers and encrypting sensitive data.

11. Additional Counsel

The Law Office may involve other attorneys, or assign work within the office, to help with the Client’s matter. This does not change the fees stated in the Representation Agreement; any division of fees is handled between the attorneys.

12. No Guarantee of Results

The Law Office cannot and does not guarantee any particular outcome. Laws, regulations, and policies may change during a matter. While many of the strategies the Law Office uses have succeeded in the past, past results do not guarantee similar results in any future matter. Any opinion about the strength or weakness of a matter is only an opinion.

13. Plan Maintenance (Estate Planning Matters)

Laws change, and an estate plan requires periodic review to work as intended. It is the Client’s responsibility to contact the Law Office for reviews and updates; the Law Office is not liable for issues arising from the Client’s failure to do so.

14. Joint Representation

When the Law Office represents two clients together, such as spouses, it represents them jointly and keeps no secrets between them. If a conflict arises that prevents fair representation of both, the Law Office may withdraw and advise them to seek separate counsel.

15. Conflicts of Interest

If the Law Office becomes aware of a conflict of interest that prevents it from representing the Client fairly, it may seek a waiver from the Client, decline or withdraw from the matter, or where appropriate refer the Client to other counsel.

16. Information the Client Provides

The Law Office relies on the accuracy and completeness of the information the Client provides — including names, asset values, ownership, and family details. The Law Office is not responsible for outcomes resulting from inaccurate or incomplete information the Client supplies.

17. Limitations

The Law Office is responsible for the legal services it provides. It is not responsible for outcomes caused by matters outside its control, including inaccurate or incomplete information provided by the Client, the Client’s failure to follow the Law Office’s recommendations or to complete steps that are the Client’s responsibility (such as funding a trust or returning for updates), or the acts, delays, or errors of third parties such as courts, government offices, financial institutions, and recording agencies.

18. Death or Incapacity

If the Client dies or becomes incapacitated before the matter is complete, representation ends as of that date. The Law Office will bill for work performed to that point and may take reasonable steps to protect the Client’s documents until the Client’s authorized representative provides direction.

19. Completion of Representation

Representation concludes when the documents are delivered. The Law Office’s responsibility is limited to the matter in the Representation Agreement and does not include monitoring later changes in law or the Client’s circumstances.

As a courtesy, the Law Office may reach out — typically around three years after signing — to invite the Client to review whether updates are needed. This is a courtesy only; it does not continue the representation or create any ongoing duty unless the Client and the Law Office enter a separate written maintenance agreement.

Any claim arising from the representation is governed by the applicable Missouri statutes of limitation and repose.

20. Termination

The Client may terminate at any time, paying for work performed and costs incurred to that point. The Law Office may terminate for non-payment, legal or ethical concerns, strategy disagreements, communication issues, or excessive demands. Representation ends automatically on completion of the matter’s scope — for document matters, on delivery of the documents.

21. File Retention

At the conclusion of representation the Law Office will provide the Client’s original documents. The Law Office is not obligated to retain physical or electronic copies of instruments, work papers, or work product. The Client is responsible for safekeeping documents and telling their fiduciaries where they are. Remaining files may be destroyed without further notice after the matter is closed.

22. Delivery and Pickup of Documents

Completed documents are the Client’s deliverable and are made available for pickup or delivery once the matter is complete. The Client is responsible for retrieving or arranging delivery of the documents within 30 days after signing. Documents not retrieved within that period may be held, delivered, or stored at the Law Office’s discretion, and the Law Office is not responsible for documents left in its possession after that time. Replacement sets and additional copies are available for the fees stated in the Rate Schedule.

23. Stale and Dormant Matters

If a matter remains inactive for more than 90 days (or the period stated in the Representation Agreement) due to lack of client communication or failure to schedule a signing, the Law Office may (A) close the matter and issue a final invoice for the portion earned under the applicable fee type as of closure, refunding or not billing any unearned balance; or (B) upon the Client’s later return, require a new Representation Agreement or bill at standard hourly rates for review of changed circumstances and updated Missouri law.

24. How These Terms Apply

These Terms are incorporated into every Representation Agreement and engagement. If a Representation Agreement and these Terms conflict, the Representation Agreement controls for that matter. The Law Office may update these Terms from time to time; each engagement is governed by the version in effect on the date the Client agrees to it, and later updates do not change an engagement already formed.