CRIMINAL DEFENSE AGREEMENTS

Transcription

1 5/6/13 CRIMINAL DEFENSE & CIVIL LITIGATION AGREEMENTS LLOYD M. CUETO LAW OFFICE OF LLOYD M. CUETO P.C WEST MAIN STREET BELLEVILLE, ILLINOIS (618) CRIMINAL DEFENSE AGREEMENTS HOW TO HANDLE RETAINER PAYMENTS AND MONEY UPFRONT BEING SPECIFIC ON SCOPE OF ENGAGEMENT ADVISING CLIENTS OF THEIR OBLIGATION TO COMMUNICATE AND KEEP ATTORNEY INFORMED CANNOT BE CONTINGENCY OR PERFORMANCE BASED 1

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3 5/6/13 CIVIL LITIGATION RETAINER AGREEMENTS WHAT IS THE BASIS OF THE FEE CONTINGENCY OR FLAT RATE? WHO BEARS THE UPFRONT RESPONSIBILITY OF COSTS WHAT ARE THE OBLIGATIONS OF THE CLIENT DIFFERENCE IN COMPENSATION IF CASE IS SETTLED OR TAKEN TO TRIAL PRODUCT LIABILITY LITIGATION Advise what types of actions the litigation does not cover Explain contingency fee payment What it means for attorney to advance and recover costs 3

4 5/6/13 ATTORNEY-CLIENT FEE AGREEMENT I,, hereby employ [law firm] to represent me in my claim against the manufacturers for damages and injuries sustained as a result of my use of. This is not a medical negligence claim against a health care provider and does not concern any contract or warranty claims arising from the alleged product nor does our representation include any potential worker s compensation claims that you may have. Medical negligence, worker s compensation, warranty and contracts claims are governed by different statues of limitation. We cannot advise you and are not representing you in anything other than a product liability claim against the manufacturer. notify [law firm] promptly whenever I change my home address, my work address, my home telephone number, my work telephone number, or my cellular telephone number. It is further understood that this agreement specifically excludes appeals of any type. If I desire to appeal or to oppose any appeal by defendants or to participate in any appeals filed by other parties, [law firm], shall have no obligation to represent me in any appeal (nor shall any additional counsel have any obligation to represent me on appeal) unless and until I enter into a new separate retainer agreement specifying an additional fee for work on appeal. I agree to pay said attorneys out of the gross amount collected the following fee: 40% if settled without suit; or 45% in the event suit is filed, whether or not a trial is held. I understand that, in addition, at the conclusion of the resolution of the claim if I obtain a monetary recovery, the costs of obtaining medical records, medical rating exam, photocopies, and any other litigation costs or expenses incurred by [law firm], leading to the resolution of this claim will be paid or reimbursed to [law firm] but of the amount recovered before I receive my share of the recovery. If I do not obtain a recovery, I will not be required to pay or reimburse any litigation costs and/or expenses. I authorize [law firm], to retain and associate with additional counsel as they deem appropriate to represent my interests. If [law firm], retains additional counsel, I will not be responsible for any additional attorney fees. However, [law firm], will share its legal fees with any additional counsel that it associates and retains on my behalf. It is also agreed and understood that this employment is upon a contingent fee basis, and if nothing is recovered, then [law firm], shall receive no fee. COMMON BENEFIT CASE EXPENSES: I understand that [law firm], will be representing several individuals in this case, and will incur generic costs necessary to prosecute the claims. I agree to pay a pro rata share of the generic costs of prosecuting this case. I shall have the right to an accounting of generic costs of this case. I understand that based upon the information that I provide regarding the [law firm], that my claim may be time barred by applicable statute of limitations. Nevertheless, [law firm], are willing to investigate whether a claim may be prosecuted and/or whether the circumstances involved provide for an exception to the statutory time limitation in which these types of cases may by originated. I also understand that it is my obligation as the client to make sure that [law firm] always have my current addresses and telephone numbers on file. Without this current information, [law firm] may not be able to learn facts important to my case, or may not be able to meet important deadlines, or may have difficulty making decisions that require my input. I therefore agree to [law firm] Date: Social Security Number Date: Page 1 of 2 Page 2 of 2 Pharmaceutical Litigation Discuss specific pharmaceutical product and what the known side effects and damages are Discuss potential statute of limitations issues Contingency fee payments and difference of compensation if the case proceeds to trial 4

5 5/6/13 FEE AGREEMENT If no settlement is obtained, client will not owe a legal fee or expenses. CLIENT AGE: Law Office of PARENT/REPRESENTATIVE #1 Main Street Sometown, IL STREET ADDRESS Phone: CITY, STATE, ZIP PHONE: Home: PHONE: Work/Cell/Pager: CLIENT SSN: Date of Birth: Injured person is: Adult, signing for self Disabled adult or minor, signed by parent/representative Deceased, signed by authorized representative LEGAL REPRESENTATION. Client hires [law firm]to pursue a claim for injuries and damages possibly caused by ingestion of. This is not a medical negligence claim against a health care provider and does not concern any contract or warranty claims arising from the alleged product nor does our representation include any potential worker s compensation claims that you may have. Medical negligence, worker s compensation, warranty and contracts claims are governed by different statutes of limitation. We cannot advise you and are not representing you in anything other than a product liability claim against the manufacturer. Client understands that based upon the information provided by him/her regarding, Client understands that his/her claim may be time barred by applicable statute of limitations. Nevertheless, [law firm]are willing to investigate whether a claim may be prosecuted and/or whether the circumstances involved provide for an exception to the statutory time limitation in which these types of cases may by originated. The work associated with creation of an estate, guardianship or other probate matters are based on hourly work and are not contemplated under the fee described in the foregoing. In the event that circumstances such as the death of the client, award to a minor or other event might require the involvement of a Probate attorney, such fees will be deducted from the gross settlement along with the other expenses in addition to the fees paid to [law firm]. However, there remains no obligation to reimburse fees or costs incurred on your behalf if the firm makes no settlement. CASE EXPENSES & AUTHORIZATION. [law firm] will not ask Client for expense money during the handling of the case. Case costs and expenses will be advanced by [law firm]. Examples of typical expenses include court filing fees, investigation, auto mileage, outside copying service, legal research, medical records, air fare, etc. If a recovery is obtained, Client will reimburse [law firm] for these expenses from the total recovery, Client is not responsible for expenses that exceed any settlement, verdict or award. The $ administrative fee does not cover any of these additional charges. SHARING OF EXPENSES. Client understands that [law firm] will allocate such common expenses among all plaintiffs in this litigation. For example, if [law firm] represent 100 plaintiffs bringing a claim against the manufacturer, and if [law firm] spend $3000 and the expenditure is beneficial to all plaintiffs, [law firm] will allocate $30 of that expense to each client. COMMUNICATION TO/FROM CLIENTS. [law firm] will make all reasonable efforts to communicate relevant updates to clients. Clients agree they will cooperate and promptly respond to requests for information, filling out form and the like. Clients agree if that if they change their address or telephone number, Clients are obligates to notify [law firm]. WITHDRAWAL OF COUNSEL. [law firm] agree to represent Client provided that, after sufficient inquiry and investigation, [law firm] are of the opinion that Client has a legitimate claim. However, if [law firm] at any time determine that the prosecution of Clients claim is not feasible or is contrary to justice or the standards of good faith, [law firm] are then entitled to withdraw from representation of Client, with reasonable notice to client. MISCELLANEOUS. Client has read and understands this Retainer and Contingency Fee Agreement. LEGAL FEE. If [law firm] obtain settlement for Client, Client will pay to [law firm] forty percent (40%) of the total recovery less expenses if settled without suit; and forty-five percent (45%) of the total recovery less expenses in the event suit is filed, whether or not a trial is held. In addition, at the conclusion or settlement of the claim, Client agrees to a withholding of $ This withholding is a flat charge for case administration, file management, equipment rental, file storage, routine photocopying, postage, repairs and maintenance of equipment, telephone and professional expenses. It is agreed and understood that this employment is upon a contingent fee basis, and that if nothing is recovered, then said attorneys shall receive no fee, no $ Administrative Fee will be assessed; and there shall be no reimbursement for expenses incurred. ASSOCIATE COUNSEL. Client authorizes [law firm] to pursue available sources of recovery as [law firm] deems necessary. Client agrees that [law firm] may associate additional injury lawyers/firms to assist with this case and Client agrees to the sharing of fees between these co-counsel, injury lawyers. Client understands the terms herein apply to injury co-counsel associated on this case and that association of other injury lawyers or law firms does not increase the amount of the attorney fee due to lawyers on successful resolution of the claim. Client also understands that all information related to my case will remain confidential and privileged to the same extent as if [law firm] were handling my claim alone. Attorney Date / / CLIENT or CLIENT S REPRESENTATIVE Date / / Page 1 of 2 Page 2 of 2 Medical Malpractice Litigation Explain the process of retaining experts Explain the potential involvement of associate counsel and how that effects attorney s fees Explain contingency fee and advancement of costs 5

6 5/6/13 AUTHORITY TO REPRESENT (Medical Negligence) I ("Client") hereby retain and employ the firm of the [law firm], ("Attorney") as my attorneys, and they agree to represent me in a claim for medical negligence which occurred on or about. FEES Pursuant to Illinois law, the minimum attorneys fees for medical malpractice claims shall be 33 1/3% of the first $150, recovered; 25% of the next $850, recovered; and 20% of any amount recovered over $1,000, of whatever may be recovered from said claim whether by suit, settlement or in any other manner. In the event that my attorneys have performed extraordinary services involving more than usual participation in time and effort as provided in 735 ILCS 5/2-1114, they will be entitled to 33 1/3% of all monies recovered as attorneys fees. The attorneys have informed me that due to the nature of the case and the time and expenses necessary to prosecute the matter they will seek a fee of 33 1/3% on all proceeds. I do and will consent to attorneys fees of 33 1/3% on all proceeds. However, if a new trial is ordered or if a notice of appeal is filed by any party to such suit, the attorneys will seek and I do and will consent to attorneys fees of 40% of whatever may be recovered from said claim. In the event no recovery is made, I will not be responsible for any attorneys fees. All expenses shall be subtracted from any sum recovered after the attorney fee is deducted. In the event the case, in whole or in part, is settled in the form of a Structured Settlement Agreement providing for periodic payments, my attorneys may, at their election, received their fees and expenses from the initial payment or payments received. In such event, the sums due our attorneys shall be determined by calculating the present cash value of the initial and periodic payments by using a reasonable discount rate prevailing in the market at the time the case is settled. The attorneys agree to make no settlement in this matter without the approval of the client as to the specific settlement. The attorneys agree to notify the client whenever an offer of settlement or compromise is received by the attorneys, and to inform the client of the amount of that offer, and the recommendation of the attorneys as to its acceptability. Likewise, the client agrees to make no compromise or settlement in this matter without the approval of the attorneys. The client agrees to notify the attorneys whenever an offer of settlement or compromise is received by the client, and to inform the attorneys of the amount and terms of any offer. EXPENSES I realize that it will be necessary for my attorneys to advance certain expenses during the Page 1 of 3 course of the litigation, and I agree to reimburse them for all expenses advanced. These expenses may include, but are not limited to such items as court and sheriff's fees, court reporter and witness expenses, investigation, video and photography costs, travel expenses, courier fees, computerized research, expert witness fees and trial exhibits. A service charge of 5% of the attorney fees will be added to cover the costs of photocopies, local auto mileage, telephone toll charges and postage. ASSOCIATE COUNSEL Client authorizes the [law firm] to pursue available sources of recovery as the [law firm] deems necessary. Client agrees that the [law firm] may associate additional injury lawyers/firms to assist with this case and Client agrees to the sharing of fees between these co-counsel, injury lawyers. Client understands the terms herein apply to injury cocounsel associated on this case and that association of other injury lawyers or law firms does not increase the amount of the attorney fee due to lawyers on successful resolution of the claim. Client also understands that all information related to my case will remain confidential and privileged to the same extent as if the [law firm] was handling my claim alone. The work associated with creation of an estate, guardianship or other probate matters are based on hourly work and are not contemplated under the fee described in the foregoing. In the event that circumstances such as the death of the client, award to a minor or other event might require the involvement of a Probate attorney, such fees will be deducted from the gross settlement along with the other expenses in addition to the fees paid to the [law firm] However, there remains no obligation to reimburse fees or costs incurred on your behalf if the firm makes no settlement. TERMINATION If this contract is terminated, I agree to pay the [law firm], in addition to expenses advanced, a fee based upon 33-1/3% of the highest offer received or quantum meruit at a rate of $ per hour, whichever is greater. Notwithstanding any other provision hereof, in no event shall the fee due to the [law firm] be less than 15% of any amounts recovered for my claim. This contract is terminable upon written notice. In the event this contract is terminated, I agree to pay costs immediately upon termination of this contract. LIENS The client hereby gives the attorneys a lien on the claims or causes of action and on any sum recovered by way of settlement and on any judgment that may be recovered thereon to the extent of the sums herein provided as the counsel's fees and other fees, charges and expenses incurred. It is further agreed that the attorneys shall have all general, possessory and/or retaining liens, and all special or charging liens known to the common law or available under law. PRELIMINARY INVESTIGATION Page 2 of 3 The client authorizes the attorneys to investigate the facts and the law relative to the matter. Upon conclusion of the investigation, attorneys shall have the discretionary right to determine that it is not feasible to pursue the matter. Upon notification to the client of that determination, the attorneys shall be entitled to withdraw from any further representation of the client pursuant to this Agreement. I acknowledge understanding and receiving a copy of this contract, dated this day of, 20. [law firm] By Client Signature Client Name Social Security Number Date of Birth Address City, State, Zip Code Page 3 of 3 6

7 5/6/13 General Civil Litigation Very basic good in a pinch. Makes clear who parties involved will be Establishes attorney-client relationship Should be supplemented with more detailed agreement as soon as possible RETAINER CONTRACT This is an agreement between and the [law firm], a professional corporation. All the terms of this contract are contained herein. Those terms are as follows: 1. agrees to retain the [law firm], a professional corporation, for civil representation relating to. 2. The [law firm], a professional corporation, agrees to provide the legal services for the case. 3. In return for aforementioned legal services, agrees to pay the fee of. 4. Costs of litigation will be advanced by the law firm, and at the conclusion of the litigation those costs must be paid by ; however, in contingent fee cases, _ will not have to pay any fees or costs if there is no recovery. CLIENT DATE REPRESENTATIVE OF LAW FIRM DATE Page 1 of 1 7

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9 ATTORNEY-CLIENT FEE AGREEMENT I,, hereby employ [law firm] to represent me in my claim against the manufacturers for damages and injuries sustained as a result of my use of. This is not a medical negligence claim against a health care provider and does not concern any contract or warranty claims arising from the alleged product nor does our representation include any potential worker s compensation claims that you may have. Medical negligence, worker s compensation, warranty and contracts claims are governed by different statues of limitation. We cannot advise you and are not representing you in anything other than a product liability claim against the manufacturer. I agree to pay said attorneys out of the gross amount collected the following fee: 40% if settled without suit; or 45% in the event suit is filed, whether or not a trial is held. I understand that, in addition, at the conclusion of the resolution of the claim if I obtain a monetary recovery, the costs of obtaining medical records, medical rating exam, photocopies, and any other litigation costs or expenses incurred by [law firm], leading to the resolution of this claim will be paid or reimbursed to [law firm] but of the amount recovered before I receive my share of the recovery. If I do not obtain a recovery, I will not be required to pay or reimburse any litigation costs and/or expenses. I authorize [law firm], to retain and associate with additional counsel as they deem appropriate to represent my interests. If [law firm], retains additional counsel, I will not be responsible for any additional attorney fees. However, [law firm], will share its legal fees with any additional counsel that it associates and retains on my behalf. It is also agreed and understood that this employment is upon a contingent fee basis, and if nothing is recovered, then [law firm], shall receive no fee. COMMON BENEFIT CASE EXPENSES: I understand that [law firm], will be representing several individuals in this case, and will incur generic costs necessary to prosecute the claims. I agree to pay a pro rata share of the generic costs of prosecuting this case. I shall have the right to an accounting of generic costs of this case. I understand that based upon the information that I provide regarding the [law firm], that my claim may be time barred by applicable statute of limitations. Nevertheless, [law firm], are willing to investigate whether a claim may be prosecuted and/or whether the circumstances involved provide for an exception to the statutory time limitation in which these types of cases may by originated. I also understand that it is my obligation as the client to make sure that [law firm] always have my current addresses and telephone numbers on file. Without this current information, [law firm] may not be able to learn facts important to my case, or may not be able to meet important deadlines, or may have difficulty making decisions that require my input. I therefore agree to Page 1 of 2

10 notify [law firm] promptly whenever I change my home address, my work address, my home telephone number, my work telephone number, or my cellular telephone number. It is further understood that this agreement specifically excludes appeals of any type. If I desire to appeal or to oppose any appeal by defendants or to participate in any appeals filed by other parties, [law firm], shall have no obligation to represent me in any appeal (nor shall any additional counsel have any obligation to represent me on appeal) unless and until I enter into a new separate retainer agreement specifying an additional fee for work on appeal. [law firm] Social Security Number Date: Date: Page 2 of 2

11 FEE AGREEMENT If no settlement is obtained, client will not owe a legal fee or expenses. CLIENT AGE: PARENT/REPRESENTATIVE STREET ADDRESS CITY, STATE, ZIP Law Office of #1 Main Street Sometown, IL Phone: PHONE: Home: PHONE: Work/Cell/Pager: CLIENT SSN: Date of Birth: Injured person is: Adult, signing for self Disabled adult or minor, signed by parent/representative Deceased, signed by authorized representative LEGAL REPRESENTATION. Client hires [law firm]to pursue a claim for injuries and damages possibly caused by ingestion of. This is not a medical negligence claim against a health care provider and does not concern any contract or warranty claims arising from the alleged product nor does our representation include any potential worker s compensation claims that you may have. Medical negligence, worker s compensation, warranty and contracts claims are governed by different statutes of limitation. We cannot advise you and are not representing you in anything other than a product liability claim against the manufacturer. Client understands that based upon the information provided by him/her regarding, Client understands that his/her claim may be time barred by applicable statute of limitations. Nevertheless, [law firm]are willing to investigate whether a claim may be prosecuted and/or whether the circumstances involved provide for an exception to the statutory time limitation in which these types of cases may by originated. LEGAL FEE. If [law firm] obtain settlement for Client, Client will pay to [law firm] forty percent (40%) of the total recovery less expenses if settled without suit; and forty-five percent (45%) of the total recovery less expenses in the event suit is filed, whether or not a trial is held. In addition, at the conclusion or settlement of the claim, Client agrees to a withholding of $ This withholding is a flat charge for case administration, file management, equipment rental, file storage, routine photocopying, postage, repairs and maintenance of equipment, telephone and professional expenses. It is agreed and understood that this employment is upon a contingent fee basis, and that if nothing is recovered, then said attorneys shall receive no fee, no $ Administrative Fee will be assessed; and there shall be no reimbursement for expenses incurred. ASSOCIATE COUNSEL. Client authorizes [law firm] to pursue available sources of recovery as [law firm] deems necessary. Client agrees that [law firm] may associate additional injury lawyers/firms to assist with this case and Client agrees to the sharing of fees between these co-counsel, injury lawyers. Client understands the terms herein apply to injury co-counsel associated on this case and that association of other injury lawyers or law firms does not increase the amount of the attorney fee due to lawyers on successful resolution of the claim. Client also understands that all information related to my case will remain confidential and privileged to the same extent as if [law firm] were handling my claim alone. Page 1 of 2

12 The work associated with creation of an estate, guardianship or other probate matters are based on hourly work and are not contemplated under the fee described in the foregoing. In the event that circumstances such as the death of the client, award to a minor or other event might require the involvement of a Probate attorney, such fees will be deducted from the gross settlement along with the other expenses in addition to the fees paid to [law firm]. However, there remains no obligation to reimburse fees or costs incurred on your behalf if the firm makes no settlement. CASE EXPENSES & AUTHORIZATION. [law firm] will not ask Client for expense money during the handling of the case. Case costs and expenses will be advanced by [law firm]. Examples of typical expenses include court filing fees, investigation, auto mileage, outside copying service, legal research, medical records, air fare, etc. If a recovery is obtained, Client will reimburse [law firm] for these expenses from the total recovery, Client is not responsible for expenses that exceed any settlement, verdict or award. The $ administrative fee does not cover any of these additional charges. SHARING OF EXPENSES. Client understands that [law firm] will allocate such common expenses among all plaintiffs in this litigation. For example, if [law firm] represent 100 plaintiffs bringing a claim against the manufacturer, and if [law firm] spend $3000 and the expenditure is beneficial to all plaintiffs, [law firm] will allocate $30 of that expense to each client. COMMUNICATION TO/FROM CLIENTS. [law firm] will make all reasonable efforts to communicate relevant updates to clients. Clients agree they will cooperate and promptly respond to requests for information, filling out form and the like. Clients agree if that if they change their address or telephone number, Clients are obligates to notify [law firm]. WITHDRAWAL OF COUNSEL. [law firm] agree to represent Client provided that, after sufficient inquiry and investigation, [law firm] are of the opinion that Client has a legitimate claim. However, if [law firm] at any time determine that the prosecution of Clients claim is not feasible or is contrary to justice or the standards of good faith, [law firm] are then entitled to withdraw from representation of Client, with reasonable notice to client. MISCELLANEOUS. Client has read and understands this Retainer and Contingency Fee Agreement. Attorney Date / / CLIENT or CLIENT S REPRESENTATIVE Date / / Page 2 of 2

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17 AUTHORITY TO REPRESENT (Medical Negligence) I ("Client") hereby retain and employ the firm of the [law firm], ("Attorney") as my attorneys, and they agree to represent me in a claim for medical negligence which occurred on or about. FEES Pursuant to Illinois law, the minimum attorneys fees for medical malpractice claims shall be 33 1/3% of the first $150, recovered; 25% of the next $850, recovered; and 20% of any amount recovered over $1,000, of whatever may be recovered from said claim whether by suit, settlement or in any other manner. In the event that my attorneys have performed extraordinary services involving more than usual participation in time and effort as provided in 735 ILCS 5/2-1114, they will be entitled to 33 1/3% of all monies recovered as attorneys fees. The attorneys have informed me that due to the nature of the case and the time and expenses necessary to prosecute the matter they will seek a fee of 33 1/3% on all proceeds. I do and will consent to attorneys fees of 33 1/3% on all proceeds. However, if a new trial is ordered or if a notice of appeal is filed by any party to such suit, the attorneys will seek and I do and will consent to attorneys fees of 40% of whatever may be recovered from said claim. In the event no recovery is made, I will not be responsible for any attorneys fees. All expenses shall be subtracted from any sum recovered after the attorney fee is deducted. In the event the case, in whole or in part, is settled in the form of a Structured Settlement Agreement providing for periodic payments, my attorneys may, at their election, received their fees and expenses from the initial payment or payments received. In such event, the sums due our attorneys shall be determined by calculating the present cash value of the initial and periodic payments by using a reasonable discount rate prevailing in the market at the time the case is settled. The attorneys agree to make no settlement in this matter without the approval of the client as to the specific settlement. The attorneys agree to notify the client whenever an offer of settlement or compromise is received by the attorneys, and to inform the client of the amount of that offer, and the recommendation of the attorneys as to its acceptability. Likewise, the client agrees to make no compromise or settlement in this matter without the approval of the attorneys. The client agrees to notify the attorneys whenever an offer of settlement or compromise is received by the client, and to inform the attorneys of the amount and terms of any offer. EXPENSES I realize that it will be necessary for my attorneys to advance certain expenses during the Page 1 of 3

18 course of the litigation, and I agree to reimburse them for all expenses advanced. These expenses may include, but are not limited to such items as court and sheriff's fees, court reporter and witness expenses, investigation, video and photography costs, travel expenses, courier fees, computerized research, expert witness fees and trial exhibits. A service charge of 5% of the attorney fees will be added to cover the costs of photocopies, local auto mileage, telephone toll charges and postage. ASSOCIATE COUNSEL Client authorizes the [law firm] to pursue available sources of recovery as the [law firm] deems necessary. Client agrees that the [law firm] may associate additional injury lawyers/firms to assist with this case and Client agrees to the sharing of fees between these co-counsel, injury lawyers. Client understands the terms herein apply to injury cocounsel associated on this case and that association of other injury lawyers or law firms does not increase the amount of the attorney fee due to lawyers on successful resolution of the claim. Client also understands that all information related to my case will remain confidential and privileged to the same extent as if the [law firm] was handling my claim alone. The work associated with creation of an estate, guardianship or other probate matters are based on hourly work and are not contemplated under the fee described in the foregoing. In the event that circumstances such as the death of the client, award to a minor or other event might require the involvement of a Probate attorney, such fees will be deducted from the gross settlement along with the other expenses in addition to the fees paid to the [law firm] However, there remains no obligation to reimburse fees or costs incurred on your behalf if the firm makes no settlement. TERMINATION If this contract is terminated, I agree to pay the [law firm], in addition to expenses advanced, a fee based upon 33-1/3% of the highest offer received or quantum meruit at a rate of $ per hour, whichever is greater. Notwithstanding any other provision hereof, in no event shall the fee due to the [law firm] be less than 15% of any amounts recovered for my claim. This contract is terminable upon written notice. In the event this contract is terminated, I agree to pay costs immediately upon termination of this contract. LIENS The client hereby gives the attorneys a lien on the claims or causes of action and on any sum recovered by way of settlement and on any judgment that may be recovered thereon to the extent of the sums herein provided as the counsel's fees and other fees, charges and expenses incurred. It is further agreed that the attorneys shall have all general, possessory and/or retaining liens, and all special or charging liens known to the common law or available under law. PRELIMINARY INVESTIGATION Page 2 of 3

19 The client authorizes the attorneys to investigate the facts and the law relative to the matter. Upon conclusion of the investigation, attorneys shall have the discretionary right to determine that it is not feasible to pursue the matter. Upon notification to the client of that determination, the attorneys shall be entitled to withdraw from any further representation of the client pursuant to this Agreement. I acknowledge understanding and receiving a copy of this contract, dated this day of, 20. [law firm] By Client Signature Client Name Social Security Number Date of Birth Address City, State, Zip Code Page 3 of 3

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21 RETAINER CONTRACT This is an agreement between and the [law firm], a professional corporation. All the terms of this contract are contained herein. Those terms are as follows: 1. agrees to retain the [law firm], a professional corporation, for civil representation relating to. 2. The [law firm], a professional corporation, agrees to provide the legal services for the case. 3. In return for aforementioned legal services, agrees to pay the fee of. 4. Costs of litigation will be advanced by the law firm, and at the conclusion of the litigation those costs must be paid by ; however, in contingent fee cases, _ will not have to pay any fees or costs if there is no recovery. CLIENT DATE REPRESENTATIVE OF LAW FIRM DATE Page 1 of 1