Legal Client Custody Declaration

LEGAL CLIENT CUSTODY DECLARATION

This Legal Client Custody Declaration (the Declaration) is made effective as of by and between Custodian Name: , having an address at (hereinafter "Custodian"), and Client Name: , having an address at (hereinafter "Client").

RECITALS

WHEREAS, Custodian presently has possession, control, or constructive custody of certain client property, files, originals, copies, electronic records, and other materials described below (collectively, the Materials); and

WHEREAS, the parties desire to memorialize the Custodian's obligations regarding preservation, access, release, and transfer of the Materials and to set forth procedures for inventory, fees, and liability associated with the custody of such Materials; and

WHEREAS, the parties intend that this Declaration constitute a binding statement by Custodian as to the custody and handling of the Materials and an acknowledgement by Client of the terms herein.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

1. DEFINITIONS

For purposes of this Declaration, the following terms shall have the meanings set forth below:

"Materials" means all physical and electronic documents, original instruments, client work product, correspondence, evidence, depositions, pleadings, financial records, trust funds, and other property in the possession, control, or constructive custody of Custodian that pertain to matters for which Custodian provided services to Client.

2. DECLARATION OF CUSTODY

Custodian hereby declares and represents that, as of the effective date above, Custodian has custody of the Materials described as follows:

Indicate categories of Materials (check all that apply):

Physical files, originals, or hard-copy documents

Electronic records, email archives, or case management files

Trust account funds, escrow funds, or other client monies

3. INVENTORY AND ACKNOWLEDGMENT

Custodian shall prepare and attach an inventory identifying each item or category of Materials and the condition thereof. The inventory shall be provided to Client upon request and shall be incorporated by reference into this Declaration when delivered.

Client acknowledges receipt of the foregoing inventory summary and confirms that the inventory accurately reflects the Materials described to Client as of the effective date. Client Initials:

4. PRESERVATION, STORAGE, AND LOCATION

Custodian shall maintain reasonable measures to preserve the Materials in their current condition, including secure physical storage and customary electronic data protection measures. Custodian shall not destroy, alter, or discard Materials except in accordance with Section 5 herein or as required by law.

5. ACCESS, RELEASE, AND TRANSFER PROCEDURES

Except as otherwise required by law, Custodian shall not release the Materials to any person other than Client or a person authorized in writing by Client. Requests for release or transfer shall be made in writing and shall include identification sufficient to verify the requestor's authority. Custodian may require a reasonable period to locate and assemble Materials prior to release.

6. CONFIDENTIALITY AND LIMITED USE

Custodian affirms that the Materials shall be maintained in confidence and used solely for purposes related to the matters for which Custodian provided services or as otherwise authorized by Client. Custodian shall take reasonable steps to prevent unauthorized access or disclosure and shall notify Client promptly upon discovery of any unauthorized disclosure or breach affecting the Materials.

7. FEES, COSTS AND PAYMENT

Custodian may impose reasonable fees for retrieval, copying, storage, transportation, or transfer of Materials. Such fees shall be disclosed in advance upon written request. Client shall be responsible for payment of such fees upon invoice.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

Client shall indemnify and hold harmless Custodian, its partners, agents, and employees from and against any losses, claims, damages, liabilities, and expenses, including reasonable attorney fees, arising out of Client's instructions relating to the Materials, Client's failure to pay authorized fees, or Client's breach of this Declaration. Except for willful misconduct or gross negligence, Custodian's liability with respect to loss or damage to the Materials shall be limited to actual direct damages not to exceed the lesser of the documented value of the lost Materials or the amount of fees paid to Custodian in connection with the matter to which the Materials relate.

9. NOTICES

All notices required or permitted under this Declaration shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, to the addresses set forth below or to such other address as a party may designate by notice.

10. GOVERNING LAW

This Declaration shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

11. ENTIRE AGREEMENT

This Declaration contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written, relating to custody of the Materials.

12. SEVERABILITY

If any provision of this Declaration is held to be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

13. AMENDMENT; WAIVER; COUNTERPARTS

This Declaration may only be amended or modified by a written instrument executed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party waiving compliance. This Declaration may be executed in counterparts, each of which when executed shall be deemed an original, and all of which together shall constitute one and the same instrument.

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