TERMS AND CONDITIONS

Effective Date: 12 December 2025

‍

IMPORTANT: No attorney-client relationship is established between you and Keily McCrosson until a formal written Engagement Letter and Fee Agreement has been signed by both you and the Firm AND has become unconditional (that is, all fixed fees earned on receipt have been paid).

Nothing on the Firm's website, in its marketing materials, or in any preliminary communication is an offer of representation, a promise of any particular fee arrangement, or legal advice. The Engagement Letter is the document that governs the relationship between the client and the Firm.

These Terms and Conditions (these Terms) apply to your use of the website, marketing materials, and communications provided by Keily McCrosson, and to any preliminary dealings with the Firm prior to the execution of a formal Engagement Letter and Fee Agreement (an Engagement Letter).

These Terms are divided into two parts. Part A contains general Terms applicable to all dealings with the Firm. Part B contains additional Terms applicable specifically to medical malpractice matters and to any statements made by the Firm about medical malpractice fee arrangements.

‍

PART A — GENERAL TERMS

1. No Attorney-Client Relationship Without a Signed, Unconditional Engagement Letter

No attorney-client relationship is established between you and Keily McCrosson until a formal written Engagement Letter and Fee Agreement is signed by both you and the Firm and has become unconditional. An Engagement Letter becomes unconditional only when all fixed fees that are earned on receipt under that Engagement Letter have been paid to the Firm.

Until an Engagement Letter has been signed and has become unconditional:

• the Firm is not your lawyer;
• the Firm owes you no duty of care, no fiduciary duty, and no other professional duty in relation to any matter;
• nothing said by the Firm (whether in writing, by telephone, by SMS, at a meeting, or otherwise) constitutes legal advice;
• no limitation period, notice-of-claim deadline, or other time limit is being monitored or preserved by the Firm on your behalf; and
• the Firm has not agreed to act for you, and the Firm reserves the right, in its sole discretion, to decline any prospective engagement for any reason.

The Engagement Letter, once signed and unconditional, is the document that governs the relationship between the client and the Firm. In the event of any inconsistency between these Terms and the Engagement Letter, the Engagement Letter prevails as between the Firm and the client.

2. Nature of the Website and Communications

The Firm's website, marketing materials, social media, and preliminary communications are provided for general informational purposes only. They are not legal advice, they do not address any particular person's circumstances, and they should not be relied upon as such.

Any statements on the Firm's website or in the Firm's marketing materials — including statements regarding past experience, deal values, awards, case outcomes, or the availability of particular fee arrangements — are general statements only. Past results do not guarantee, warrant, or predict future outcomes.

3. Communications and SMS

By providing your contact details and opting in, you agree to receive communications from the Firm, including SMS messages, for purposes such as account verification, service updates, and client communications. Message frequency varies. Message and data rates may apply.

You may opt out at any time by replying STOP. Reply HELP for assistance. For questions, contact support@keilymccrosson.com.

4. Your Obligations

In your dealings with the Firm, you agree to provide accurate information, not to misuse the Firm's communications or services, and not to use the Firm's services for any unlawful purpose.

5. Confidentiality

Communications from the Firm may contain confidential and legally privileged information. Unauthorised use, disclosure, or distribution is prohibited.

6. Limitation of Liability

To the maximum extent permitted by applicable law, and subject always to the Firm's non-waivable obligations under applicable rules of professional conduct, the Firm disclaims liability for indirect or consequential loss, and for any reliance placed on communications, website content, or marketing materials outside the scope of a signed and unconditional Engagement Letter.

7. Firm Structure and Regulatory Disclosure

Keily McCrosson operates through affiliated entities in the United States and Australia:

• United States: Keily McCrosson LLP is registered in Indiana and authorised to do business in New Jersey. New York legal services are provided exclusively by Laura Keily, who is admitted to the New York Bar. Ryan McCrosson is admitted to practice law in Indiana and in various federal courts, and does not provide New York legal services.
• Australia: LJ Keily Pty Ltd (ABN 67 618 115 932) is regulated by the Victorian Legal Services Board and Commissioner.

Each affiliated entity is independent and is subject to the professional rules of its own jurisdiction. Lawyers advise only on the law of the jurisdictions in which they are admitted. Foreign-qualified lawyers working in Australia advise only on their home-jurisdiction law under the supervision of an Australian practitioner.

8. Intellectual Property

All materials, content, and communications published by the Firm remain the property of Keily McCrosson unless otherwise agreed in writing.

9. Changes to These Terms

The Firm may update these Terms at any time by publishing revised Terms on its website. Continued use of the website or continued engagement with the Firm constitutes acceptance of the updated Terms. The version of these Terms in force at the time an Engagement Letter is executed will apply in relation to that engagement, except to the extent the Engagement Letter expressly provides otherwise.

10. Contact

support@keilymccrosson.com

‍

‍

‍

‍

‍

‍

‍

PART B — MEDICAL MALPRACTICE AND FEE ARRANGEMENTS

Part B qualifies every statement made by the Firm — on its website, in marketing materials, or in preliminary communications — about fee arrangements in medical malpractice matters, including any reference to "no win, no fee" or "contingency only" arrangements.

No fee arrangement is agreed, and no attorney-client relationship is formed, until a written Engagement Letter is signed and has become unconditional. The Engagement Letter sets out the actual fee arrangement applicable to the matter.

11. Statements about Fee Arrangements are General Only

References on the Firm's website or in the Firm's marketing materials to fee arrangements — including references to "no win, no fee", "contingency fee", "contingency only", hybrid arrangements, fixed fees, or any similar terminology — are general informational statements only. They are not offers, warranties, or representations that any particular fee arrangement will be offered to any particular prospective client.

Any such references:

• do not constitute an offer capable of acceptance;
• do not create any entitlement, expectation, or right on the part of any prospective client;
• do not bind the Firm to offer any particular fee arrangement in any particular matter; and
• are qualified in all respects by these Terms and, in every case, by the written Engagement Letter actually executed between the Firm and the client.

12. Fee Arrangements are Determined Case-by-Case

The Firm offers more than one type of fee arrangement in medical malpractice matters. The type of fee arrangement available in any particular matter is determined by the Firm in its sole professional discretion, on a case-by-case basis.

Contingency-only arrangements (that is, arrangements under which the Firm's legal fee is contingent entirely upon recovery) are offered only on a case-by-case basis and entirely at the Firm's sole professional discretion. The Firm's willingness to consider such an arrangement depends on the Firm's professional assessment of the matter. No prospective client has any right or entitlement to a contingency-only arrangement.

The specific fee arrangement applicable to any matter will be set out in full in the written Engagement Letter provided to the client. The Engagement Letter is the document that governs the fee arrangement.

13. Compliance with Statutory Fee Limits (New York)

Any contingent fee charged by the Firm in a claim or action for medical, dental, or podiatric malpractice governed by New York law is subject to, and will in all cases comply with, the mandatory statutory sliding scale prescribed by New York Judiciary Law § 474-a. Where the matter is brought on behalf of an infant, the additional requirements of Judiciary Law § 474 also apply.

In no event will the Firm's contingent fee on the medical malpractice component of any recovery exceed the amount permitted by Judiciary Law § 474-a or any lower percentage agreed in the client's Engagement Letter, whichever is less.

14. Compliance with Professional Responsibility Rules

The Firm's fee arrangements in medical malpractice matters are, and at all times will be, structured to comply with applicable rules of professional conduct, including Rule 1.5 of the New York Rules of Professional Conduct (fees and division of fees), the Firm's obligations under Part 1215 of the Rules of the Chief Administrator (written letter of engagement requirements), and the procedural requirements of CPLR § 3012-a (certificate of merit), each where and as applicable.

Where the Firm acts in a jurisdiction other than New York, the Firm's fee arrangements will comply with the professional conduct rules and any applicable fee-limitation statutes of that jurisdiction.

15. Fee Disputes (New York)

In relation to any matter governed by New York law, the client's right to participate in any mandatory fee-arbitration program required by applicable law — including (where applicable) the New York Fee Dispute Resolution Program under Part 137 of the Rules of the Chief Administrator — is preserved in full. Nothing in these Terms or in any Engagement Letter limits or waives that right.

16. No Guarantee of Outcome

The Firm makes no guarantee, promise, or representation as to the outcome of any medical malpractice matter. Medical malpractice claims are complex, costly, and inherently uncertain. Any views expressed by the Firm as to prospects are opinions only and do not constitute a warranty or guarantee. Past results described in the Firm's marketing materials do not guarantee, warrant, or predict future outcomes.

17. The Firm's Discretion to Decline or Not to Proceed

The Firm reserves the right, in its sole professional discretion, to decline any prospective medical malpractice engagement. Where the Firm agrees to investigate a potential claim, the Firm is under no obligation to pursue the matter beyond the investigation stage unless the Firm, in its sole professional judgment, determines that the claim has sufficient merit to pursue. The terms on which any such investigation is conducted, and the circumstances in which the Firm may decline to proceed further, will be set out in the Engagement Letter.

18. Attorney Advertising

The Firm's website and marketing materials constitute Attorney Advertising under the rules of the applicable jurisdictions. Prior results do not guarantee a similar outcome. Every matter is decided on its own facts and law. Nothing in the Firm's advertising or marketing creates an attorney-client relationship, promises any particular outcome, or commits the Firm to any particular fee arrangement.

19. Governing Law of These Terms

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, save that any Engagement Letter will be governed by the law specified in that Engagement Letter.

20. Priority of Documents

In the event of any inconsistency:

• a signed and unconditional Engagement Letter prevails over these Terms as between the Firm and the client to whom the Engagement Letter is addressed; and
• Part B of these Terms prevails over Part A in relation to medical malpractice matters.

These Terms do not themselves create contractual rights on behalf of any prospective client. They are published to give prospective clients a fair, transparent, and complete explanation of the Firm's position on the matters they address.

KEILY McCROSSON LLP

418 Broadway, STE N, Albany, NY 12207, USA

support@keilymccrosson.com

Attorney Advertising. Prior results do not guarantee a similar outcome.

‍