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ATTORNEY CONTINGENCY FEE AGREEMENT
This retainer agreement is made between the undersigned (“Client”) and Law Offices of Ezequiel Reyna, Jr., PC, Shenaq PC and The Smith Law Firm, PLLC, (jointly, “the Attorneys”). Client retains and employs the Attorneys to recover compensation for Client’s injuries suffered from Case Type. If Client brings a claim relating to or arising from a deceased person’s damages or injuries, Client agrees to proceed both individually and as representative of the estate of the deceased person to the extent, Client is legally able to do so. This agreement is intended to bind Client’s heirs, death beneficiaries, and Client’s estate representative in the event of a death. Client represents that Client has not retained other counsel regarding this matter and has not otherwise assigned, granted or conveyed any portion of Client’s cause of action.
- FREE CASE EVALUATION: The Attorneys will evaluate Client’s claim at no upfront expense or fee.
- NO FEES OR EXPENSES UNLESS WE RECOVER FOR YOU: If there is no recovery, Client will not owe the Attorneys anything.
- SETTLEMENT OF CLAIMS: Client shall have the right to accept or reject any offers for settlement of the cause of action.
- THE ATTORNEYS WILL NOT SUE CLIENT’S DOCTOR(S): The Attorneys will not investigate or pursue a medical malpractice claim.
CONTINGENT FEES: Client agrees to pay forty percent (40%) of the GROSS settlement or recovery in case of settlement or verdict as a reasonable Attorneys’ fee for the Attorneys’ services. The “GROSS settlement” means all money or other things of value including any attorney’s fees awarded by the court. These fees apply regardless of whether the case goes to trial or settles before a lawsuit is filed. The Attorneys’ fees shall be shared as follows: 2/5 to Law Offices of Ezequiel Reyna, Jr., PC, 1/5 to Shenaq PC, and 2/5 to The Smith Law Firm, PLLC. The division of fees between the firms does not affect the Client’s share of the recovery. The Attorneys may employ other attorneys to help with Client’s claims at their discretion, but the association of other contingency fee attorneys will not increase the contingency fee owed by Client. Any and all settlements will have to be authorized by the client.
EXPENSES: The Attorneys shall advance the court costs and other expenses for this claim, including case specific expenses and a pro rata share of general case expenses. Client agrees and consents to reimburse Attorneys for case specific and general case expenses out of Client’s share of the gross amount recovered. Case specific expenses are those incurred for the sole benefit of the Client’s individual claim. General case expenses are those incurred in the prosecution of Client’s cause of action and other similarly situated clients. Client agrees to pay a pro rata share of such general case expenses in exchange for the benefit of sharing these expenses with other similarly situated clients rather than incurring these expenses individually. These expenses will be disclosed to Client at the time of settlement. Should the Attorneys elect to fund such expenses by borrowing the funds required, Client agrees to reimburse the full sum of all related interest charges for case specific expense costs as well as a pro rata share of related interest charges for general case expenses out of Client’s percentage of the gross amount recovered. Client grants the Attorneys a lien on any proceeds or judgments recovered for Client’s claim as security for the payment of the attorneys’ fees and expenses to be incurred. If there are no proceeds recovered on Client’s claim then the Client will not owe the Attorneys for the expenses incurred during the prosecution of this claim.
STATUTE OF LIMITATIONS: There are legal time limits to prosecute Client’s claim, generally Statutes of Limitation or Repose, and if the Claim is not timely prosecuted then the legal right to pursue the claim may be lost forever. The Attorneys require reasonable time to thoroughly investigate Client’s legal claims in order to uphold their ethical responsibility, and the Attorneys will not take action on Client’s behalf without adequate time for investigation. The Attorneys will Client assumes the risks and understands, agrees, and consents that the Attorneys shall not be required to pursue the Client’s claims, to file a lawsuit, or to take any action to comply with any Statute of Limitations or Repose, if such limitations period expires within 120 days of the date this signed Agreement is received by the Attorneys. Prompt return of this Agreement is very important.
CLIENT’S COOPERATION AND TERMINATION: Client shall keep the Attorneys advised of their current address and telephone number at all times during representation. Failure to advise the Attorneys of this current contact information may result in the dismissal of Client’s claim and/or the loss of Client’s legal rights forever. Client consents to receive future communications electronically at the Attorneys’ discretion. Further, Client agrees that the Attorneys may withdraw from representing Client if the Attorneys deem withdrawal warranted for any reason. If the Attorneys withdraw from representation, they may do so by notifying the Client through electronic communication, or by sending mail to the Client’s last known address. In the event the Attorneys withdraw, the Client will not owe any Attorneys’ fees or expenses. Client agrees to provide complete and truthful information. Client agrees not to file any lawsuits, or to negotiate settlement of Client’s claims without the Attorneys’ knowledge and consent. Client agrees to not share information obtained from the Attorneys. Client agrees to preserve all evidence of Client’s claim. Client agrees to notify the Attorneys of any previous bankruptcy filings and prior to any future bankruptcy filing.
POWER OF ATTORNEY: Client authorizes the Attorneys to execute documents necessary to conclude this representation. The Attorneys are authorized and empowered to act as Client’s negotiator in any and all settlement negotiations concerning the subject of this agreement. As part of this power of attorney, Client authorizes the Attorneys to require that any settlement checks be made payable jointly to Client and the Attorneys and the Attorneys may reimburse themselves for expenses and fees prior to disbursing money to Client. However, the Attorneys will not unreasonably withhold disbursement from Client.
SETTLEMENT OF HEALTHCARE LIENS: Client understands and acknowledges that prior to the disbursement of any settlement proceeds, the Attorneys may be required to investigate and satisfy any third-party interest healthcare liens such as Medicare, Medicaid, and other medical provider liens.
COMPLETE AGREEMENT: Client hereby acknowledges that the Attorneys have made no guarantees regarding the successful outcome of this matter and all expressions about the outcome are only opinions. This is the entire agreement. Client represents that no one has promised Client anything to induce Client to retain the Attorneys. Client understands and acknowledges that the decision to hire the Attorneys was made willfully and independently without outside influence and no person has solicited Client on behalf of the attorneys. It may be changed only by a writing signed by the Attorneys. If any part is or becomes unenforceable, the rest remains valid and enforceable. The Attorneys’ choice to not enforce a provision is not a waiver of the right. All issues regarding this Agreement are governed by Mississippi Law. If Client and the Attorneys cannot resolve a dispute related to this matter, they will mediate it before a mutually agreeable mediator.
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