For Preview Only - Please Do Not Copy

Similar documents
For Preview Only - Please Do Not Copy

Instructions for Completing Contract. *Complete the blanks of the contract ** Initial bottom of each page and initial & sign the last page of contract

Holzer & Holzer, LLC ATTORNEYS AT LAW

REPRESENTATION AGREEMENT

Security Agreement Assignment of Hedging Account (the Agreement ) Version

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

Land Trust Agreement. Certification and Explanation. Schedule of Beneficial Interests

AGREEMENT AND DECLARATION OF TRUST

For Preview Only - Please Do Not Copy

SECURITY AGREEMENT AND ASSIGNMENT OF ACCOUNT

CLIENT CONTRACT STATE OF TEXAS }

BRU FUEL AGREEMENT RECITALS

Baltimore Gas and Electric Company Electricity Supplier Cash Collateral Agreement. THIS ELECTRIC SUPPLIER CASH COLLATERAL AGREEMENT ( Agreement ) is

THE NEW FACE OF PUBLISHING. Publishing Contract

Address: Telephone No: Fax No: Cell Phone No: Farm Name:

COMMERCIAL CREDIT APPLICATION LEGAL NAME: DATE OF BIRTH: SIN #: CORPORATION/LTD/LLC SOCIETY COOPERATIVE PROPRIETORSHIP PARTNERSHIP OTHER

SECURITY AGREEMENT. NOW, THEREFORE, the Debtor and the Secured Party, intending to be legally bound, hereby agree as follows:

made in favour of the Bank for the account of the Customer, no other forms of payments are acceptable for placement.

Qualified Escrow Agreement

SETTLEMENT AND RELEASE AGREEMENT. THIS SETTLEMENT AND RELEASE AGREEMENT ( Agreement ) is

STAFF REPORT CONSIDERATION OF APPROVAL OF AGREEMENT FOR CITY ATTORNEY SERVICES WITH THE LAW OFFICE OF MARTIN D. KOCZANOWICZ

APPLICATION AND AGREEMENT

VA Form (Home Loan) Revised October 1983, Use Optional. Section 1810, Title 38, U.S.C. Acceptable to Federal National Mortgage Association

Stock Purchase Agreement

StreamNet, Inc Las Vegas Blvd. Las Vegas, Nevada Company Direct: (702)

LONG FORM ALL-INCLUSIVE DEED OF TRUST AND ASSIGNMENT OF RENTS

COMPROMISE SETTLEMENT AND RELEASE AGREEMENT

Agreement for EDGAR Filing Services

incorporated into this Agreement as Exhibit "I", and made a part of this Agreement by reference

PROFESSIONAL SERVICES AGREEMENT (Contingent Fee Special Counsel for Environmental Litigation)

DEED OF TRUST WITH ASSIGNMENT OF RENTS. This DEED OF TRUST, made this day of, 20 between

CASH DEPOSIT AND MAINTENANCE AGREEMENT

ALL-INCLUSIVE DEED OF TRUST WITH ASSIGNMENT OF RENTS (LONG FORM)

GAINESVILLE COINS, LLC STORAGE AGREEMENT

CONTINGENCY FEE RETAINER AGREEMENT & AUTHORITY TO REPRESENT

ARTIST MANAGEMENT CONTRACT

OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded)

STOCK PURCHASE AND SALE AGREEMENT

CONSTRUCTION EXCISE TAX INTERGOVERNMENTAL AGREEMENT

ENGINEERING AND CONSTRUCTION AGREEMENT WASHINGTON INTERCONNECTION

Water or Sewer Extension Deposit-Developer MI No. Agreement Type (01/2016) DS Project # EXTENSION DEPOSIT AGREEMENT

Application for Homeward Bond and Indemnity Agreement

It all starts with your retainer agreement get it right!

AGE FOTOSTOCK SPAIN, S.L. NON-EXCLUSIVE PHOTOGRAPHER AGREEMENT FOR RIGHTS MANAGED LICENSING

ASSET PURCHASE AGREEMENT

November 17, Legal Services Agreement Re: ABC adv. XYZ CORP.

AMBASSADOR PROGRAM AGREEMENT

STREETBLAST MEDIA, LLC. PO BOX 176 FAIRDALE, KENTUCKY 40118

TERMINATION AND RELEASE AGREEMENT

REPRESENTATIONS AND WARRANTIES OF SELLER.

SANTANDER CONSUMER USA HOLDINGS INC. (Exact name of registrant as specified in its charter)

General Information. Applicant s Current Full Legal Business Name: Tax ID #:

PRECIOUS METALS STORAGE AGREEMENT

LIQUID ASSET STORAGE a division of Sokolin LLC 445 Sills Rd., Unit K, Yaphank, NY PHONE: (631) FAX: (631)

LITIGATION ATTORNEY-CLIENT FEE AGREEMENT

LAND TRUST AGREEMENT W I T N E S S E T H

THE OPTIONS CLEARING CORPORATION ICE CLEAR US, INC.

Home Foundation Subcontractor Services Agreement

JOINT MARKETING AND SALES REFERRAL AGREEMENT

SERVICE AGREEMENT XX-XXXX-XXX-XX

ENGINEERING AND PROCUREMENT AGREEMENT

FINANCIAL PLANNING AGREEMENT

AGREEMENT FOR DISMISSAL OF WEST VALLEY PRESBYTERIAN CHURCH AND MUTUAL RELEASE OF CLAIMS

CONSIGNMENT AGREEMENT The Golden Closet 7243 Coldwater Canyon Avenue North Hollywood, CA 91605

Short-Form Entertainment Agreement - Territory Managers Form & Cover Letter

SAN ANTONIO WATER SYSTEM SERVICES AGREEMENT AGREEMENT FOR. THIS IS A SERVICE AGREEMENT (this Agreement ) by and between

GENERAL APPLICATION AND AGREEMENT OF INDEMNITY CONTRACTORS FORM

LOCATION USE AGREEMENT BETWEEN THE UNIVERSITY OF WYOMING AND

FORFEITURE PROMISSORY NOTE. Amount:. Date: Cause No.:

SALES REPRESENTATION AGREEMENT *** SPECIMEN ONLY *** THIS AGREEMENT made and entered into by and among. , a. Specimen

1.1 Transfer of Assets. At the closing, Seller shall sell, assign, transfer, and set over to Buyer, and

DEED OF SURETYSHIP. in favour of INTERMEDIARIES GUARANTEE FACILITY LIMITED. Surety in solidum for and co-principal debtor with

VOLUNTARY SEPARATION AGREEMENT AND RELEASE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TRAVIS

!! 1 Page! 2014 PEODepot. All rights reserved. PEODepot and peodepot.com are trademarks of PEODepot. INITIAL! BROKER AGREEMENT

SETTLEMENT AGREEMENT

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one)

SECURITY AGREEMENT :v2

GUARANTY OF PERFORMANCE AND COMPLETION

REVOCABLE CRYOPRESERVATION TRUST FUNDING AGREEMENT

RAM Holdings Ltd. (RAMR) EX 10.1 RAM RE HOUSE 46 REID STREET HAMILTON, D0 HM 12 (441)

Richard S. Lerner, A Law Corp S.E. Bristol Street, Suite 201

Pedestal Search Terms and Conditions of Service:

PLEDGE AND SECURITY AGREEMENT. THIS PLEDGE AND SECURITY AGREEMENT (this "Agreement") is executed to be

AMCHART Token, a product of AMCHART, LLC SAFT (Simple Agreement for Future Tokens)

LIMITED LIABILITY COMPANY AGREEMENT [INSERT NAME] L3C. A [Insert State] Low-Profit Limited Liability Company. Dated as of, 2007

DEED OF TRUST W I T N E S S E T H:

CONSIGNMENT AGREEMENT - FINE JEWELRY

GENERAL APPLICATION AND AGREEMENT OF INDEMNITY CONTRACTORS FORM

MEMORANDUM OF DEPOSIT

RIGHT OF ENTRY AND ACCESS AGREEMENT

THIS INSTRUMENT IS BEING RECORDED FOR THE BENEFIT OF THE CITY OF SANTA CRUZ. NO RECORDING FEE IS REQUIRED PURSUANT TO GOVERNMENT CODE

ASSIGNMENT AND REVENUE SHARING AGREEMENT

AGREEMENT AMONG LICENSORS REGARDING THE 1394 STANDARD

LAND TRUST AGREEMENT

NOBLE ENERGY, INC. Pursuant to the Offer to Purchase dated August 8, 2017

Model Commercial Paper Dealer Agreement

EXHIBIT F-1 (I) FORM OF DESIGN-BUILD LETTER OF CREDIT VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VA ATTN: [ ]

DATED 20 HSBC BANK PLC. and [FUNDER] and [COMPANY] DEED OF PRIORITY

PLEDGE AND SECURITY AGREEMENT ([Partnership/Membership Interests]) THIS PLEDGE AND SECURITY AGREEMENT (this "Agreement") is executed to be

IDR RETAINER AGREEMENT (Freddie Mac Initiated IDR)

Transcription:

Information or instructions: Attorney consultation and fee agreement for contingency cases 1. The following formal contract may be used for personal injury or other contingency fee cases. Form: Attorney consultation and fee agreement for contingency cases ATTORNEY CONSULTATION AND FEE CONTRACT FOR CONTINGENCY CASES THIS AGREEMENT is made on, in [City, county and state], between [Client s name], hereinafter referred to as the "Client", and [Attorney s name] hereinafter referred to as the "Attorney": In consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. PURPOSE OF REPRESENTATION 1.1 The Client hereby retains and employs the Attorney to sue for and recover all damages and compensation to which the Client may be entitled as well as to compromise and settle all claims arising out of the [state the nature of the claim i.e. for a breach of contract or personal injuries due to an auto injury] [date of event] [potential defendants]. 2. ATTORNEY'S FEE 2.1 In consideration of services rendered and to be rendered by the Attorney, the Client hereby agrees to pay to him or her [thirty-three percent (33 %) or %] of all money and payment collected prior to the filing of a lawsuit and [forty percent (40%) or %] percent if collected after said filing of a lawsuit and an additional [five percent (5%) or %] if an appeal is required to a higher court) provided, however, that, if said claim and cause of action be such that the fee allowed to an Attorney is set by law, and the law precludes any other fee arrangement other than the amount set by law, then the amount payable hereunder to said Attorney shall be limited to the maximum so allowed by law. [Optional paragraph is the client is paying a non refundable retainer in addition to the contingency fee.]

2.2 Client agrees to deposit a non-refundable retainer of $ with the Attorney to pay for the Attorney's initial research, review and preparation of Client's case. 2.3 At the time of each billing by the Attorney for expenses of litigation, the amount of legal services and expenses billed by the Attorney shall be disbursed from the trust account to the operating account of the Attorney. a. Each billing will reflect the legal services rendered and the deposit necessary to cover the estimated legal services and expenses for the next billing period. b. The Client agrees to make such additional deposits for expenses as are required by Attorney within ten (10) days of each billing. c. Unpaid fees and expenses, if not paid within thirty (30) days of billing date, shall bear interest at the rate of [ %] per annum until paid. STRUCTURED FEE PROVISION: 2.4 The attorney is authorized to engage in settlement negotiations for and on behalf of the client as the attorney deems appropriate. The attorney may enter into cash and/or structured settlement negotiations. a. In the event, the attorney enters into cash or structured settlement negotiations, [he or she] is authorized to negotiate on client's behalf a settlement based upon the present value benefit of such settlement to the client. b. The present value benefit shall be determined by applying the appropriate discount rates that consider the after-tax benefits of the negotiated structured settlement to the client. c. In the event that the case is settled by way of structured settlement, the client hereby approves and authorizes the attorney's fees based upon the present value benefit of the settlement to the client.

d. The client further authorizes the attorney to take his fee either in cash or in structured payments as the attorney deems appropriate. e. The client further hereby authorizes the attorney to retain structured settlement specialists to assist in evaluating the efficiency and benefits of such a settlement. f. The attorney is not required to retain such specialists but is authorized to employ the same. The fees for such specialists and their services will be deducted from the funds received, if any, in the settlement as an expense of litigation. 3. ASSIGNMENT OF INTEREST 3.1 In consideration of Attorney's services, the Client hereby sells, conveys, and assigns to the Attorney an interest, to the extent herein indicated above to client's claim and cause of action, and in any action, compromise, settlement, judgment, payment of services, profits or recovery thereon. 3.2 All sums that may come due and payable under this contingency fee agreement, are due at the Attorney's office in [County Texas]. 4. APPROVAL NECESSARY FOR SETTLEMENT 4.1 The attorney is hereby authorized to enter into any and all settlement negotiations on behalf of those whom attorney represents as the attorney deems appropriate. This includes, but is not limited to, the attorney's prerogative to pursue cash or structured payment settlement negotiations. [insert the structured fee paragraph if applicable- see the next form for the provision] 4.2 Client hereby grants unto attorney a power of attorney to handle negotiations and settlement discussions regarding the obtaining of possession of any and all moneys or other things of value subject of the matter due to the client under this claim as fully as the client could do so in person.

a. This expressly includes the right to sign client's name on and to any insurance company drafts, money orders, cashier's checks, checks or other negotiable instruments made payable to the attorney and the client, the attorney, or to the client without the joinder of the attorney, submitted to the attorney on behalf of the client in full or partial settlement of this case. b. This limited power of attorney further authorizes the attorney to place these moneys, referred to above, in the attorney's trust account and from that trust account, make distributions and payments to the attorney for the agreed to fee stated above, reimbursement to attorney for any and all expenses incurred by the attorney in handling this case, payments to client of client's interest in the moneys recovered as stated above, and payments to parties other than client and attorney for their services performed, fees charged or bills rendered in connection with representing client, including but not limited to medical bills, court reporter fees, deposition fees, investigative services, costs of exhibits or other special expenses incurred by attorney on behalf of Client. 4.3 No settlement of any nature shall be made for any of the aforesaid claims or profits of the client without the complete approval of the Client, nor shall the Client obtain any settlement on the aforesaid claims without the complete approval of the Attorney. 4.4 Attorney is hereby granted a limited power of attorney so that he may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to conclude this representation including settlement and/or reduce to possession any and all moneys or other things of value due to the Client under this claim as fully as the Client could do so in person. 5. REPRESENTATIONS 5.1 It is understood and agreed that the Attorney cannot warrant or guarantee the outcome of the case and the Attorney has not represented to the Client that the Client will recover all or any of the funds so desired. The Client has also been informed that obtaining a judgment does not guarantee that the opposing party will be able to satisfy the judgment. 6. DEDUCTION OF EXPENSES

6.1 All reasonable expenses incurred by the Attorney in the handling of this project shall be deducted from the gross settlement proceeds at the time the case is settled or resolved. 6.2 The expenses contemplated above, include but are not limited to any and all out of pocket expenses incurred in connection with his or her case, including but not limited to the following expenses: filing fees, court costs, certified copies of documents, pleadings, orders etc., transcripts, depositions, duplication costs, postage, office supplies, photographs, trial exhibits, long distance phone & fax calls, appraisal fees, consultant s, expert witnesses and other fees associated with preparation and trial testimony, investigation fees, delivery charges, overnight mail/parcel services, parking, toll road & mileage expenses, out of town expenses including travel expense, air fare, hotels, meals, and any other expense incurred in connection with the matter. 6.3 The client hereby empowers and instructs the attorney to deduct from the client s settlement proceeds the cost of any unpaid health care related or hospital bills including but not limited to charges which may or may not have a medical or hospital lien, letter of protection or other guarantee associated with the expense. [Optional paragraph is the client is paying a non refundable cost deposit in addition to the contingency fee. Client hereby deposits with Attorney an expense deposit in the amount of $[Amount] which shall be deposited in a trust account of the Attorney to be drawn against as expenses accrue.] 7. COOPERATION OF CLIENT 7.1 The Client shall keep the Attorney advised of his whereabouts at all times, and provide the Attorney with any changes of address, phone number or business affiliation during the time period which Attorney's services are required, and shall comply with all reasonable requests of the Attorney in connection with the preparation and presentation of the aforesaid representation.

7.2 The Attorney may, at his option, withdraw from the case and cease to represent the Client for any reason, including without limitation Client's failure to timely pay fees and expenses or deposits for same in accordance with this Agreement, subject to the professional responsibility requirements to which Attorneys are subject 7.3 It is further understood and agreed between the parties that upon such termination of any services of the Attorney, any of Client's deposits remaining in Attorney's Trust Account shall be applied to any balance remaining owing to Attorney for fees and/or expenses and any surplus then remaining shall be refunded to Client. 8. ASSOCIATION OF OTHER ATTORNEYS 8.1 The Attorney may, at the sole discretion and expense of the Attorney, associate any other Attorney(s) in the representation of the aforesaid claims of the Client. 8.2 The Attorney may assign or refer this case to another attorney. The other attorney may or may not be associated with the undersigned attorney. The other attorney may pay the undersigned attorney a referral fee out of the total attorney s fees paid in this matter if allowed by the professional responsibility requirements to which Attorneys are subject to. 8.3 The rights set forth in this Section are subject to the professional responsibility requirements to which Attorneys are subject. 9. TEXAS LAW TO APPLY 9.1 This Agreement shall be construed under and in accordance with the laws of Texas, and all obligations of the parties created hereunder are performable in [County, Texas]. 10. PARTIES BOUND 10.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 11. LEGAL CONSTRUCTION 11.1 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,

or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12. PRIOR AGREEMENTS SUPERSEDED 12.1 This Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. TAX DISCLOSURE AND ACKNOWLEDGMENT: THE CLIENT IS ADVISED TO OBTAIN INDEPENDENT AND COMPETENT TAX ADVISE REGARDING HIS OR HER LEGAL MATTERS SINCE LEGAL TRANSACTIONS CAN GIVE RISE TO TAX CONSEQUENCES. THE CLIENT SHOULD HAVE HIS OR HER CERTIFIED PUBLIC ACCOUNTANT OR TAX ATTORNEY DETERMINE IF THE LEGAL WORK THAT IS TO BE PERFORMED UNDER THIS AGREEMENT, HAS OR MAY HAVE TAX IMPLICATIONS OR CONSEQUENCES TO THE CLIENT OR ANY OF THE CLIENT S INTERESTS. THE UNDERSIGNED LAW FIRM AND ATTORNEY HAVE NOT AGREED TO RENDER ANY TAX ADVICE AND ARE NOT RESPONSIBLE FOR ANY ADVICE REGARDING TAX MATTERS OR PREPARATION OF TAX RETURNS, OR OTHER FILINGS, INCLUDING, BUT NOT LIMITED TO, STATE AND FEDERAL INCOME TAX RETURNS. I certify and acknowledge that I have had the opportunity to read this Agreement. I further state that I have voluntarily entered into this Agreement fully aware of its terms and conditions. Signed on. [Client s name] [Attorney s name ]