I, Date .
I HEREBY AGREE to pay for the costs incurred by Louis Law Group, PLLC in prosecuting this claim and authorize them to undertake and/or incur such costs as they may deem necessary from time to time. These costs include, but are not limited to, such items as police reports, hospital and medical records, photographs, filing fee, costs of serving summonses and subpoenas, court reporter fees, jury list, exhibits, state records, investigation expenses, and expert witness fees, including fees for medical testimony and fees for medical conferences. They will make every effort to keep these costs at an absolute minimum consistent with the requirements of the case. At the time the case is closed, an accounting will be made for all disbursements made in my case.
As compensation for Attorney’s services, Client agree to pay Attorney from the proceeds of recovery the following fee:
Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action:
33-1/3% of any recovery up to $1 million; plus
30% of any portion of the recovery between $1 million and $2 million; plus
20% of any portion of the recovery exceeding $2 million.
After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
40% of any recovery up to $1 million; plus
30% of any portion of the recovery between $1 million and $2 million; plus
20% of any portion of the recovery exceeding $2 million.
If all defendants admit liability at the time of filing their answers and request a trial only on damages:
33-1/3% of any recovery up to $1 million; plus
20% of any portion of the recovery between $1 million and $2 million; plus
15% of any portion of the recovery exceeding $2 million.
An additional 5% of any recovery after institution of any appellate proceeding is filed or post judgment relief or action is required for recovery on the judgment.
In the event that the insurance company is required to pay all or part of Client’s attorney’s fees and costs pursuant to Sections 627.428 and/or 626.9373, Florida Statutes , Client understands and agrees that Attorney shall be entitled to any and all attorney’s fees awarded by the court or paid by the insurance company as part of a settlement. Client further understands and agrees that Attorney shall be entitled to the greater of either the above-mentioned statutory attorney’s fees paid, or the attorney’s fees described in Sections 1-4 of this Retainer Agreement. Client further acknowledges that Louis Law Group routinely and customarily charges $500.00 per hour (“hourly rate”) for these types of cases and agree that the hourly rate is a reasonable attorney’s fee for the prosecution of the claim.
It is agreed and understood that this employment is upon a contingent fee basis, and if no recovery is made, Client will not be indebted to Attorney for any sum whatsoever as attorney’s fees.
It is agreed and understood that under the terms of the insurance policy, Client may be obligated to comply with post-loss obligations as requested by the insurer. It is agreed and understood that failure to comply may result in the denial of the Claim. If Attorney determine it is unfeasible for Attorney to continue Client’s representation, Attorney may cancel the contract, and Client will not be obligated to Attorney for legal fees or expenses incurred on behalf of Client, unless the cancellation is based on Client’s failure to cooperate with Attorney’s reasonable requests. Cancellation must be submitted in writing to the other party.
This Retainer Agreement contains the entire understanding of Client and Attorney. In any dispute arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
THE UNDERSIGNED CLIENT HAS, BEFORE SIGNING THIS CONTRACT, RECEIVED AND READ THE STATEMENT OF CLIENT’S RIGHTS, AND UNDERSTANDS EACH OF THE RIGHTS SET FORTH THEREIN. THE UNDERSIGNED CLIENT HAS SIGNED THE STATEMENT AND RECEIVED A SIGNED COPY TO KEEP REFERRING TO WHILE BEING REPRESENTED BY THE UNDERSIGNED ATTORNEY(S).
THIS CONTRACT MAY BE CANCELLED BY WRITTEN NOTIFI-CATION TO THE ATTORNEY AT ANYTIME WITHIN 3 BUSINESS DAYS OF THE DATE THE CONTRACT WAS SIGNED, AS SHOWN BELOW, AND
Before you, the prospective client, arrange a contingency fee agreement with a lawyer, you should understand this Statement of your rights as a client. This Statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer, you may talk with another lawyer.
2. Any contingency fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within three (3) business days of signing the contract. If you withdraw from the contract within the first three (3) business days, you do not owe the lawyers a fee, although you may be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three (3) days period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you the client, have the right to know about the lawyer's education, training and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.
4. Before signing a contingency fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingency fee contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer, or to associate with other lawyers, you should sign a new contract which includes the new lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expense, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose a case. Those adverse consequences might include money which you might have to pay to your lawyer for costs, and liability you might have for attorney's fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee. Until you approve the closing statement you need not pay any money to anyone, including the lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer's ability.
10. You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 1- 800-342-8060, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS STATEMENT AND RECEIVED A COPY.
