CONTINGENCY FEE REPRESENTATION AGREEMENT
Contract for legal services between_____________, (hereinafter referred to as Client), and The Schafer Law Office, Attorneys at Law, (hereinafter referred to as Attorney).
This agreement replaces and supersedes any and all other Contracts or Agreements relative to the employment by the Client and the Attorney.
Client employs Attorney on a contingent fee basis, as opposed to an hourly rate basis, to investigate the claims Client has arising out of or connected with an accident that occurred in Jefferson County, Louisville, Kentucky on ____________. Attorney accepts employment subject to and upon the terms of this Contract. Client agrees that Attorney has made no representations to Client, or to others for Clients benefit, as to whether any recovery will be made for Client.
AUTHORITY FOR ATTORNEY
Client authorizes Attorney to investigate, prepare, settle (with Client’s prior consent) and, if in Attorney’s sole opinion necessary and warranted, to file suit on and to prosecute the meritorious claims Client has against all responsible persons and business organizations. Client further authorizes Attorney to employ investigators, photographers, reporters, consulting experts and expert witnesses; to employ associate counsel or local counsel or both at Attorney’s expense without Client’s prior consent; and to release to each opposing party, their attorney, and their insurance company the original or copy of each report, statement, photographs, medical report, hospital report, tax return, paper, document or tangible in Attorney’s possession relating to Client’s case.
Client further authorizes Attorney to submit the case to non-binding mediation if, in the Attorney’s sole opinion, mediation would be an effective method of resolving the case.
If Attorney, at any time is of the opinion that Client’s case is impractical for any reason, or if the Client refused to cooperate with Attorney, or if Client reject an offer of settlement recommended by Attorney, Attorney shall have the right to withdraw from representing Client by giving Client written notice at least ten (10) days before the date of withdraw.
Client agrees that Attorney is under no duty to appeal or retry Client’s case unless, in Attorney’s sole opinion, an appeal or retrial is warranted.
RESPONSIBILITY OF CLIENT
Client promises to cooperate with Attorney at all times in representing Client including, but not limited to assisting Attorney upon request in locating witnesses and obtaining and presenting testimony and other types of evidence; to comply promptly with all reasonable notices for all conferences, depositions, court appearances, hearings and trials; and keep Attorney informed of their whereabouts, including their current home and business address and telephone numbers.
Client understands and agrees that the employment of Attorney does not relieve Client of their personal responsibility to pay all past and future medical expenses when due, and Client promises and understands to be solely responsible for the payment of all past and future medical expenses, regardless of whether any recovery is made for the Client.
Client promises to pay the litigation expenses as they are incurred if the Client is financially able to do so. If not, Attorney may incur, advance or guarantee the litigation expenses to protect any claim, postage, photocopying, long distance telephone charges, travel, filing fees, court costs, photographs, hospital records, medical reports, physical and mental examinations, court reporter’s charges, fees for service of subpoenas, fees of consulting experts and expert witnesses and other expenses incurred in obtaining and presenting testimony and other types of evidence. Additionally, The Schafer Law Office may employ outside vendors to negotiating liens and /or collect medical records at a cost to be reimbursed or paid by the Client. The photocopying expenses will be charged to the Client at the Attorney’s cost. Client shall remain ultimately responsible for the payment of all litigation expenses.
Client promises to pay Attorney as a total fee for services a sum of money equal to forty (40) percent of any amount recovered. The Attorney’s fee shall be computed as a percentage of a sum equal to the gross amount of any settlement, judgment, or recovery in this case, including any interest or penalties, without regard to any benefits from any other source which the Client may be obligated to repay.
If no recovery is made for the Client, the Client shall not owe Attorney’s fees for their services, but the Client promises to pay or reimburse Attorney for all litigation expenses incurred, advanced or guaranteed by Attorney for which Attorney has not been reimbursed.
ELECTRONIC SERVICE AND CASE MANAGEMENT
Furthermore, I understand that The Schafer Law Office will store, access, transmit or modify my case information, including confidential and personally identifiable information, on, through, or using outside servers (i.e. in the “cloud”) and wireless/cellular technology.
The firm uses industry-standard services including VRSUS (a practice management software), Google Apps (including Gmail) and Demand Online. The fee to the client for said services will be a flat cost of $150.00 at the conclusion of the case.
The Schafer Law Office will have contact with me via regular email or Cisco’s encrypted email. The firm may also use other cloud-based service providers (e.g., Dropbox) to store, transmit, manipulate, and share information or documents related to my case. I understand that, while the providers of such services strive for excellent security, there is no guarantee that my data is and always will be secure. Knowing this I authorize The Schafer Law Office to use such services in its management of my legal matter.
SOCIAL MEDIA, ELECTRONIC
COMMUNICATIONS & CONFIDENTIALITY AGREEMENT
The Client, having hired and retained The Schafer Law Office to represent me do hereby agree to the following terms about my internet and Social Media use and behavior, which may have a direct impact on my case or claim:
- I agree NOT to make any mention of my case or claim or post/share any photographs or videos related to my case or claim, online or on any social media service (including, but not limited to, Facebook, Twitter, YouTube, LinkedIn, Yelp!, Google+, Avvo, Tumblr, or Instagram) or on any other blog or social network.
- If I have previously made any such statement, or posted or shared a related photograph or video I will immediately make The Schafer Law Office aware, and provide screenshots of the statement(s). I will not delete these statements.
ATTORNEY CLIENT RELATIONSHIP
Furthermore, I understand the importance of the attorney-client relationship. I understand that I freely speak details of my case to third parties; I may waive the attorney-client privilege. I understand that The Schafer Law Office is also bound by confidentiality, and that my attorneys may only discuss my case with express or implied authority.
The Attorney hereby reserves the right to withdraw representation of the client should the Client and the attorney disagree on the value, technical aspects, theory, etc. of the case. The Client will then owe no fee on the case. The Client will owe only the costs advanced on the case.
If Client discharges Attorney and if, on or before the date of discharge, an offer of settlement has been obtained for Client, but not consummated or if a judgment has been obtained for Client, but not paid, Client promises to pay Attorney on the date of discharge a sum of money based upon the highest offer obtained or the amount of any judgment obtained, as the case may be, according to the schedule above, plus all litigation expenses incurred, advanced or guaranteed by Attorney and for which Attorney has not been reimbursed by Client.
If Client discharges Attorney and if no offer or settlement or judgment has been obtained for Client on or before date of discharge, Client agrees to pay as a fee for Attorney’s services to the date of discharge an amount equal to forty (40) percent less the quantum merit for services rendered by any subsequent attorney.
If Attorney withdraws from representing Client, Client shall not owe Attorney any fee for their services unless Client and Attorney agree otherwise on or before the date of withdraw, but client promises to pay or reimburse Attorney on the date of withdraw for all litigation expenses incurred, advanced or guaranteed by Attorney for which attorney has not been reimbursed by Client.
I understand and agree that my failure to abide by these terms could negatively impact my case or claim, and could be the cause for The Schafer Law Office to withdraw as my attorneys. I have read these terms, and understand them, and I agree to abide by them.
At the time your case settles and/or funds are distributed you may have to reimburse subrogation claims of medical providers and/or your health insurance carriers, including but not limited to your private health insurance, Medicare, Medicaid, Passport, etc. Repayment is your responsibility if required and will be taken from the proceeds of the settlement after attorney’s fees are deducted. The attorney will negotiate these subrogation claims and/or liens or retain an outside vendor to do so in an attempt to reduce them where possible. There may be additional fees for any work performed regarding the subrogation claim should there be litigation involved.
DISTRIBUTION OF PROCEEDS
If a recovery is made for Client, Client authorizes Attorney to deduct from the gross proceeds recovered and to pay to the appropriate person or creditor before the new proceeds are paid to Client each of the following: (a) Attorney’s fee; (b) all litigation expenses incurred, advanced or guaranteed by Attorney and for which Attorney has not been reimbursed by Client; (c) all unpaid medical expenses; and (d) all subrogation claims for benefits previously paid to or on behalf of the Client. The net proceeds remaining shall be paid to Client.
MODIFICATION TO CONTRACT
Client agrees that modifications may be made to agreement only by written agreement signed by all parties.
THE SCHAFER LAW OFFICE
1218 South Third Street
Louisville, Kentucky 40203