SEXUAL ASSAULT, SEXUAL HARASSMENT AND EMPLOYMENT CONTINGENCY ATTORNEY-CLIENT RETAINER AGREEMENT

Transcription

1 SEXUAL ASSAULT, SEXUAL HARASSMENT AND EMPLOYMENT CONTINGENCY ATTORNEY-CLIENT RETAINER AGREEMENT Attorney Advances Costs 1. This Agreement shall not take effect, and Attorney(s) will have no obligation to provide legal services until Client returns a signed copy of this Agreement and the Attorney(s) also sign a copy. 2. (Client name) hereinafter ( client ) an individual, hereby retains Okorie Okorocha of California Legal Team ( Attorney(s) ), as Counsel (Hereinafter Attorneys ) to represent her with regard to the following matter: 3. Said Attorneys accept said employment and agree to take such steps as are reasonably advisable to prosecute the action, which includes all services reasonably required to represent Client up through and including any final verdict, settlement, or judgment by Arbitration or Trial. This Retainer Agreement does not include or require Attorneys to undertake any work on any appeal or on any execution of the Judgement, nor are Attorneys obligated to undertake any such work for Client. After judgment, Attorneys will not represent Client(s) on any Appeal, or any proceeding to execute the judgment without such additional compensation as Attorneys and Client may agree upon in a separate written Retainer Agreement. Page 1 of 6

2 4. All costs and expenses shall be advanced by Attorneys. If the Attorneys agree to advance costs, Client will reimburse Attorneys for such costs regardless of the outcome of the case. The Attorneys may, with the consent of Client, employ investigators and other experts whose fees shall be chargeable as costs or expenses; costs and expenses further include, but are not limited to, such items as filing fees, travel, accommodations, service of process, records procurement and exhibit preparation materials. Client, at their request, will be sent periodic itemizations of costs by Attorneys. 5. Attorneys will only be compensated for legal services rendered if a recovery is obtained for Client. If no recovery is obtained, Client will be obligated only to pay for costs, disbursements and expenses as described above. 6. As fees for legal services in the event of any recovery, Attorneys shall be paid contingent fees as follows: Attorneys shall receive 40% of the gross recovery no matter when recovered up through final judgment, unless Attorneys fees are awarded by the Court or Arbitrator after Judgment. In that event, Attorneys compensation will be calculated as set forth in Paragraph 7 below. If contingency fees are paid pursuant to this Paragraph, said contingent fees will be calculated based on the gross recovery. The gross recovery is defined as the total recovery before Attorneys are reimbursed for any costs or advances. The Attorneys are hereby given a lien for their fees and advances upon any settlement or judgment or recovery made or secured herein. Page 2 of 6

3 7. In the event any Court or Arbitrator awards Attorneys fees after Judgement, or Attorneys fees are recovered in this action, Attorneys compensation will be the greater of the Attorneys Fees which are awarded by a Court or Arbitrator or a sum calculated by adding the Attorneys Fees awarded to the gross recovery and then the forty (40%) percent contingent fee applied to that gross recovery, so that the gross recovery includes any awarded Attorneys fees. Attorneys shall, however, in any case, be entitled to the greater amount of the forty (40%) percent contingent fee applied to that gross recovery or that sum awarded as fees to the Attorney by the Court or Arbitrator. This provision only applies if Attorneys Fees are awarded by the Court or Arbitrator after hearings on the merits, trial or a Judgement, and does not apply in the event of any prejudgment settlement or resolution, which will be governed by the provisions of Paragraph 6 above. 8. Attorneys have the right to hire other Attorneys or counsel as necessary prior to Judgement to assist them and /or to pay a referral fee to any referring Attorney without any expense to client. Any such referral fee or co-counsel fee will be paid for from the Attorney s compensation without any expense to client. This does not include attorneys hired for any appeal. 9. Client s duties include fully cooperating with Attorneys in the handling of the action, and attending all depositions or court appearances when requested, providing answers to written interrogatories and all documents as requested, and generally to provide information and assistance to Attorneys when reasonably requested. Client Page 3 of 6

4 further agrees to always keep Attorneys fully informed of Client s address, telephone number and whereabouts. Failure to do so may result in Attorneys withdrawing from this matter. 10. Contingent fees are not set by law, but are negotiable between Attorneys and Client. Please be advised that other law firms may set contingency rates for your case higher or lower than those required under this contract. Client is hereby advised that client may seek counsel at their own expense to advise them about this Agreement 11. It shall be the Client s decision as to whether to settle or try the case. Attorneys shall not settle or compromise this matter without the approval of the Client. Client, however, agrees to carefully consider the advice of the Attorneys prior to making a decision. 12. Client may discharge Attorneys at any time, upon written notice, and Attorneys shall thereafter cease rendering additional services. Such a discharge does not, however, relieve Client of the obligation to pay any costs incurred before discharge, and Counsel has the legal right to recover from Client their attorneys fees pursuant to law in that event. The Attorneys are hereby given a lien for their fees and advances upon any settlement or judgment or recovery made or secured herein in the event of their discharge by Clients. 13. Client acknowledges that Attorneys have made no guarantees or Page 4 of 6

5 representations regarding the successful outcome or termination of Client s case, and all expressions relative thereto are matters of Attorneys opinion, only. Litigation is uncertain and no representations as to the outcome of the Client s matter are made and no insurance policies covers anything performed by attorneys, paralegals, witnesses and expert witnesses. 14. In the event Client claims that Attorneys have performed their duties herein or in this matter or any related service for Client below the standard of care for attorneys practicing law in the community and desires to make a claim or bring suit against Attorneys for professional negligence, Client agrees to submit any such dispute solely to binding Arbitration before the American Arbitration Association, Los Angeles, California. Attorneys and Client agree to be bound by the rules and the decision of such arbitration and agree that a judgment of any court having jurisdiction thereof may be entered on such award. Client understands and agrees that by agreeing to binding Arbitration as set forth in this Paragraph 15 that Client is waiving any and all rights to a trial by court or by a jury as to any claims for professional negligence against Attorneys 15. Attorneys do not render tax advice and are not tax professionals. Client is urged to seek independent tax advice as to the taxable consequences of any settlement or award in this matter. 16. A facsimile, electronic copy or photocopy of this agreement shall be deemed to have the full force and effect as any original. Client hereby acknowledges receipt of a fully executed copy of this Agreement Page 5 of 6

6 and that Client fully understands and agrees to the terms and conditions herein. Attorneys Dated: By: _ OKORIE OKOROCHA Nationally Board Certified Trial Lawyer Client Dated: By: Client printed name By: Client signature Page 6 of 6