CONTINGENCY FEE AGREEMENT
IDENTIFICATION OF PARTIES. This agreement is made between Witherspoon Law Group and any referral attorneys "Attorney" or the “Firm” and
Name
*
hereafter referred to as "Client" for the incident occurring on
Date
*
RESPONSIBILITIES OF ATTORNEY AND CLIENT. Attorney will perform the legal services called for under this agreement to the best of Attorney's abilities, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with Attorney and keep Attorney reasonably informed of developments and of Client's address, telephone number, and whereabouts.,
SETTLEMENT & DEPOSIT. Attorney will not settle Client's claim without the approval of Client. Client authorizes Attorney to sign and deposit any settlement on their behalf into Attorney trust account.
NON-SOLICITATION. I have not been solicited, coerced, or promised money or anything of value by The Witherspoon Law Group, or its agents, employees or representatives. I chose The Witherspoon Law Group, of my own free will, voluntarily, and without compensation or promise of compensation or anything else of value.
ATTORNEY'S FEES - CONTINGENCY CONTRACT. Attorney agrees to waive hourly fees of $450 and instead pursue Client’s claim on a contingency basis. The contingency upon which compensation is to be paid is the collection of monies following settlement or award on the claim or claims set forth above and the amount of such compensation which is to be paid by the Client to the Firm shall be on the gross amount recovered as follows: Our firm fee is 35 % of the amount of any offer of settlement made before a lawsuit is filed; 40% of the amount of any offer of settlement or verdict after lawsuit has been filed but before sixty (60) days of the first trial setting; 45% of any settlement or recovery made for client within sixty (60) days of the first trial setting and thereafter excluding any appeals or post-trial work. Attorney does not handle appeals. Appeals must be filed 30 days after jury trial.
DEFERRED PAYMENT. If payment of all or any part of the amount to be received will be deferred (such as in the case of an annuity, a structured settlement, or periodic payments), the "total amount received," for purposes of calculating the Attorney's fees, will be the initial lump-sum payment plus the present value, as of the time of the settlement, final arbitration award, or final judgment, of the payments to be received thereafter. If the payment is insufficient to pay the Attorney's fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to Client.
ASSIGNMENT OF PAYMENT/POWER OF ATTORNEY. In consideration of services or to be rendered under this agreement, Client agrees to assign to Attorney all monies paid by insurance company on account of claims submitted for services rendered by Attorney, whether submitted by Client or Attorney. Client authorizes payment directly to Attorney for services rendered and gives Attorney power of attorney for the purpose of signing Client’s signature on settlement checks and depositing proceeds into Attorney IOLTA. These provisions shall be cancelled upon completion of services. Client grants Attorney limited power of attorney for all purposes related to this claim. Attorney may sign any and all documents on behalf of client as “attorney-in-fact.” Client expressly provides Attorney power of attorney for all purposes related to this lawsuit, including medical authorizations, releases, affidavits and other forms related to HIPAA.
CASE COSTS. Attorney will advance all "case costs" and will recoup all costs advanced. Case costs will be deducted from any settlement or award after attorney’s fees are subtracted. Client is still responsible for client’s own "personal expenses" (e.g.: medical bills, liens, other party costs, etc). Upon final disposition of case, client agrees to pay a $250.00 case cost fee, which covers the cost but not limited to copies, postage, police reports, etc.
LIENS/DISCHARGE. Client hereby grants to Attorney a lien for Attorney's fees and costs advanced on all claims and causes of action that are the subject of representation of Client under this agreement and on all proceeds of any recovery obtained by any means. Client will be obligated to pay Attorney out of the recovery Attorney's fees for all services provided and to reimburse Attorney out of the recovery for all costs advanced if attorney is discharged. Client understands and that Attorney is not financially responsible or liable for any outstanding liens, medical expenses, loans, etc.
ENTIRITY/MODIFICATION. This agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on the parties. This agreement may be modified only by an instrument in writing by both parties.
EFFECTIVE DATE OF AGREEMENT. The effective date of this agreement will be the date when, having been executed by Client, one copy of the agreement is received by Attorney. The Client has read this agreement carefully and understands the terms hereof.
SIGNATURE
TYPE CLIENT NAME
*
DATE
IF SIGNED BY LEGAL REPRESENTATIVE, RELATIONSHIP TO CLIENT
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