Terms & engagement.

Re: Limited-scope engagement for Wisconsin unemployment insurance appeal hearing preparation.

Thank you for asking Tyler W. Brennan Law, LLC, through Attorney Tyler W. Brennan, to assist you with preparation for your Wisconsin unemployment insurance appeal hearing. This letter explains the limited scope of our work, what is and is not included, your responsibilities, the fee, and when our engagement begins and ends.

Please read this letter carefully. By signing below, you agree that our representation is limited to the services described in this letter and that we will not represent you at the unemployment appeal hearing itself unless both you and the Firm sign a separate written agreement for hearing representation.

1. Client and matter

The Firm represents only the named Client in connection with preparation for a Wisconsin unemployment insurance appeal hearing involving the named employer and determination identified in the signed engagement letter.

No other person is our client in this matter, including a spouse, family member, friend, witness, co-worker, or any third party who pays the fee, unless the Firm confirms otherwise in writing.

2. When the engagement begins

Our attorney-client relationship begins only after all of the following occur:

• the Firm completes a conflict check;
• you sign and return this engagement letter;
• the Firm receives and accepts the flat fee described below; and
• the Firm confirms acceptance of the engagement.

Until those steps are complete, the Firm has not agreed to represent you, has not undertaken responsibility for any deadline, and has no duty to file an appeal, contact the Department of Workforce Development, contact the hearing office, contact your employer, or take any other action on your behalf.

3. Limited scope of services included

For the flat fee described below, the Firm will provide limited legal services to help you prepare for your Wisconsin unemployment insurance appeal hearing. As applicable to your matter and the time available before the hearing, the services may include:

• a structured intake call or intake review to understand the determination, timeline, witnesses, documents, and key facts;
• attorney review of your denial letter, hearing notice, employer statements, case materials, and documents you provide;
• assistance identifying the legal issue or denial reason that will likely matter at the hearing;
• appeal-letter assistance, if the appeal has not already been filed and if time permits;
• help organizing evidence, documents, timelines, and potential exhibits;
• preparation of a hearing-prep packet, outline, or guide tailored to your issue;
• practice questions or likely areas of questioning for the hearing;
• written arguments, a short legal brief, or other written materials for your use, if appropriate;
• one 15-minute pre-hearing consultation by phone or video with Attorney Tyler W. Brennan; and
• brief post-hearing follow-up regarding next steps after you report what happened at the hearing or provide the decision.

The Firm may decline to prepare, revise, or submit any statement, argument, exhibit, or document that the Firm believes is inaccurate, misleading, unsupported, frivolous, outside the agreed scope, or not appropriate under the circumstances.

4. Services not included

This is a limited-scope preparation engagement. Unless the Firm and you sign a separate written agreement, the Firm will not:

• appear with you at the unemployment appeal hearing;
• represent you before the administrative law judge, appeal tribunal, hearing office, Department of Workforce Development, Labor and Industry Review Commission, or any court;
• file a notice of appearance or otherwise become counsel of record;
• speak for you during the hearing;
• question or cross-examine witnesses;
• object to evidence or testimony at the hearing;
• introduce exhibits at the hearing;
• request subpoenas, adjournments, continuances, accommodations, or interpreters, unless separately agreed in writing;
• communicate with your employer, your employer’s representative, witnesses, DWD, the hearing office, the administrative law judge, LIRC, or any court on your behalf, unless separately agreed in writing;
• monitor or calendar future appeal deadlines after the hearing;
• prepare or file an appeal to LIRC, a petition for judicial review, or any court filing;
• advise or represent you regarding discrimination, retaliation, wrongful termination, wage, severance, workers’ compensation, tax, immigration, benefits, tort, contract, criminal, or other employment-related claims;
• represent you in any overpayment, fraud, concealment, repayment, tax, or penalty matter unless separately agreed in writing; or
• guarantee that you will receive unemployment benefits or that any determination will be reversed.

Any hearing representation, further appeal, or other legal work requires a separate written engagement agreement and may involve a different fee arrangement.

5. Your responsibilities

Because you will remain self-represented at the hearing unless a separate hearing-representation agreement is signed, you are responsible for:

• filing any appeal unless the Firm expressly agrees in writing to file it for you;
• reviewing your determination and hearing notice immediately and providing them to the Firm;
• identifying and tracking all deadlines shown on any determination, hearing notice, exhibit notice, or agency communication;
• providing complete, accurate, and truthful information;
• promptly giving the Firm all documents, names of witnesses, communications, timelines, and other information relevant to the appeal;
• reviewing any draft prepared by the Firm and confirming that all facts are accurate before using, signing, or submitting it;
• submitting documents or exhibits to DWD or the hearing office unless the Firm separately agrees in writing to do so;
• attending the hearing and following the hearing instructions;
• presenting your own testimony, witnesses, documents, and arguments at the hearing;
• continuing to meet any ongoing unemployment eligibility requirements while the appeal is pending, including weekly claims and work-search requirements if applicable; and
• promptly sending the Firm any decision you want the Firm to review within the limited post-hearing follow-up described above.

Each Wisconsin unemployment determination may have its own appeal deadline, and the deadline shown on the determination controls. DWD states that an appeal must be received or postmarked by the last appeal date shown on the determination, and DWD also instructs claimants to continue weekly eligibility steps while an appeal is pending.

6. Risks of limited-scope representation and alternatives

You understand that limiting the Firm’s role to hearing preparation creates risks. Because the Firm will not attend the hearing under this agreement, you will be responsible for handling the hearing yourself. That includes answering questions, presenting your timeline, dealing with employer testimony, explaining your documents, responding to the administrative law judge, and deciding what to say or not say in real time.

The hearing may involve legal, evidentiary, procedural, or factual issues that would be handled differently if an attorney were present. Your case outcome may be affected by your ability to testify clearly, present documents, question witnesses, respond to the employer’s position, and follow hearing procedures.

You have alternatives to this limited-scope arrangement, including hiring the Firm or another lawyer for full hearing representation if available, seeking free or reduced-fee legal assistance, requesting general procedural information from the hearing office, or representing yourself without legal preparation assistance. By signing this letter, you confirm that you understand those risks and alternatives and consent to the Firm’s limited role.

7. Documents prepared with attorney assistance

Unless separately agreed in writing, any appeal letter, argument, brief, exhibit list, timeline, outline, or other document prepared or revised by the Firm will be provided to you for your own review and use. You remain responsible for deciding whether to use, sign, file, or submit the document.

You must not submit any document unless you have reviewed it and believe it is accurate, complete, and truthful. The Firm may include language stating that a document was prepared with the assistance of counsel or may advise you to make that disclosure if required or appropriate.

8. Fee

The flat fee for this limited-scope unemployment appeal preparation engagement is $150.

This flat fee covers only the services described in Section 3. There is no hourly billing for the included services. The flat fee does not include hearing representation, later appeals, court proceedings, additional consultations, additional drafting, expedited work outside the agreed scope, or any other service not specifically listed in this letter.

No filing fees are expected for the unemployment appeal preparation services described in this letter. You are responsible for any out-of-pocket costs or expenses only if you approve them in advance or they are required for something you choose to do, such as obtaining records, mailing documents, paying for transcripts, or pursuing later proceedings.

The Firm will not charge or retain a fee that exceeds any applicable fee limitation for Wisconsin unemployment claimants unless any required approval has been obtained. If the $150 fee exceeds an applicable legal or regulatory limitation in your matter, the Firm will adjust or refund the fee as needed to comply. DWD’s hearing FAQ states that no attorney or agent may charge a claimant more than 10% of the benefits at issue in the administrative proceeding without prior department approval.

9. Advanced fee notice and refunds

The $150 flat fee is an advanced payment for legal services until earned by performance of the limited-scope work described in this letter.

The amount of the advanced payment is $150. The basis of the fee is a fixed flat fee for the limited-scope unemployment appeal preparation services described above. You are not responsible for expenses unless separately agreed. The Firm will deposit the advanced fee into the Firm’s trust account until earned, or into the Firm’s business account under Wisconsin SCR 20:1.5(g)’s alternative protection for advanced fees.

The Firm is obligated to refund any unearned portion of the advanced fee at the end or termination of the representation, along with an accounting. If this engagement ends before the Firm substantially completes the included services, the Firm will determine any unearned portion based on the services not yet performed, the work already completed, the value of the completed work, and the circumstances of termination.

If you dispute the amount of any refund or fee, you must notify the Firm in writing. The Firm will attempt to resolve the dispute with you. If the dispute is not resolved, the Firm will submit any unresolved fee dispute to binding arbitration through the State Bar of Wisconsin Fee Arbitration Program or a similar local bar association program within 30 days after receiving written notice of the dispute, unless you choose another available forum. The Firm will comply with any binding arbitration award within 30 days after the award, unless the applicable rules provide otherwise.

You may contact the State Bar of Wisconsin Fee Arbitration Program at feearb@wisbar.orgor the Fee Arbitration Administrator, State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158. You may also file a claim with the Wisconsin Lawyers’ Fund for Client Protection if the Firm fails to refund unearned advanced fees. The Fund may be contacted at WLFCP@wisbar.org or through the State Bar of Wisconsin.

10. Third-party payment

If someone else pays your fee, that person is not the client. The Firm’s duties are owed to you. The third-party payer may not direct the representation, control the advice given, receive confidential information, or make decisions about your matter unless you give informed consent and the Firm agrees. Refunds of unearned fees paid by a third party will be handled as agreed in writing among the Client, the payer, and the Firm.

11. Conflicts

The Firm will perform a conflict check before accepting the engagement. If the Firm discovers a conflict before accepting the engagement, the Firm may decline representation. If the Firm discovers a conflict after the engagement begins, the Firm may terminate the engagement if required or permitted by applicable rules, and any unearned fee will be refunded.

You agree to promptly provide the names of your employer, former employer, related entities, supervisors, managers, witnesses, and any other individuals or organizations involved so the Firm can evaluate conflicts.

12. Communications

The Firm may communicate with you by email, phone, video call, text message, secure portal, or other reasonable method. You authorize the Firm to use the contact information you provide.

You understand that ordinary email and text messages may not be fully secure. Do not use an employer-owned device, employer email account, shared account, or monitored system to communicate with the Firm. Tell the Firm immediately if your contact information changes or if any communication method is unsafe or not private.

The Firm may use lawyers, staff, intake personnel, contractors, or service providers to assist with your matter, under appropriate confidentiality obligations and attorney supervision.

13. Confidentiality

Information you provide to the Firm in connection with this engagement will be treated as confidential and protected as required by applicable law and professional responsibility rules. The Firm may disclose information when authorized by you, reasonably necessary to carry out the limited representation, or otherwise permitted or required by law or professional responsibility rules.

14. Termination and end of representation

You may terminate this limited engagement at any time by notifying the Firm in writing.

The Firm may terminate the engagement if you do not cooperate, do not provide needed information, provide false or materially incomplete information, ask the Firm to take action outside the agreed scope, do not follow this agreement, create an unwaivable conflict, or if the Firm determines that continued limited-scope representation is impracticable, unreasonable, or not permitted.

Unless terminated earlier, this limited engagement ends automatically when the Firm has completed the services described in Section 3. The Firm’s brief post-hearing follow-up, if any, does not mean the Firm has agreed to represent you in any later appeal, deadline, petition, court action, or related employment matter.

After the engagement ends, the Firm will have no duty to monitor your case, track deadlines, review agency notices, file appeals, respond to decisions, preserve rights, or take any further action unless you and the Firm sign a new written engagement agreement. The Firm’s duties of confidentiality continue after the engagement ends.

15. File retention

At the conclusion of the matter, the Firm may retain or destroy files according to its file-retention policy and applicable law. You should keep copies of all determinations, hearing notices, exhibits, submissions, decisions, and communications related to your unemployment appeal.

16. No guarantee

The Firm cannot and does not guarantee any result. The Firm’s role is to provide limited legal preparation assistance. The outcome of your unemployment appeal depends on the facts, evidence, testimony, applicable law, agency procedures, the administrative law judge’s decision, and other factors outside the Firm’s control.

17. Entire agreement

This letter is the entire agreement between you and the Firm for this limited-scope engagement. It replaces any prior oral or written discussions about the scope of this engagement. Any change to the scope or fee must be in a separate written agreement signed by you and the Firm.

18. Client’s informed consent to limited scope

By signing the engagement letter, you confirm that:

• you have read and understand this engagement letter;
• you understand that the Firm’s role is limited to unemployment appeal hearing preparation;
• you understand that the Firm will not represent you at the hearing under this agreement;
• you understand the risks of appearing at the hearing without an attorney present;
• you understand that full hearing representation or other legal services would require a separate written agreement;
• you have had an opportunity to ask questions about this limited-scope arrangement; and
• you give informed written consent to the limited scope of representation described in this letter.