ATTORNEY-CLIENT CONTINGENT FEE RETAINER AGREEKENT

This document (the "Agreement") is the written fee contract that California law requires lawyers to have with their clients. We, ________________ will provide legal services to you on the terms set forth below.


1. CONDITIONS. This Agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this Agreement and pay the initial deposit, if any, called for under Paragraph 4.

2. SCOPE OF SERVICES. You are hiring us as your attorneys to represent you in the matter of your claims against ____________________ , arising out of___________ which occurred on or about the _____ day of 19___. We will provide those legal services reasonably required to represent you. We will take reasonable steps to keep you informed of the progress of the matter, and to respond to your inquiries. If a court action is
filed, we will represent you until a settlement or judgment, by way of arbitration or trial, is reached.

We will oppose any motion for a new trial or any other post-trial motions filed by an opposing party, or will make any appropriate post-trial motions on your behalf. After judgment we will not represent you on any appeal, or in any proceedings designed to execute on the judgment, without such additional compensation as we may agree upon in a separate Agreement.

Unless we make a different Agreement with you in writing, this Agreement will govern all future services we may perform for you.


3. CLIENT'S DUTIES. You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this Agreement, to pay our bills for costs (if any) on time, and to keep us informed of your address, telephone number and whereabouts. You agree to appear, if we so request, for all depositions and court appearances, and to generally cooperate fully with us in all matters related to the preparation and presentation of your claims.

 

4. DEPOSIT. You agree to pay us an initial deposit of $ _________ to be returned with this signed Agreement. We will hold this initial deposit in a trust account. You hereby authorize us to use that deposit ot pay the costs, disbursements and other expenses incurred under this Agreement.

When your deposit is exhausted, we reserve the right to demand further deposits, each up to a maximum of $ ____________. Once a trial or arbitration date is set, we will require you to pay all sums then owing to us, and to deposit the costs we estimate wil be incurred in preparing for and completing the trial or arbitration, as well as the jury fees or arbitration fees likely to be assessed. Those sums may exceed the maximum deposit.

You agree to pay all deposits required under this Agreement within 10 days of our demand. Any unused and unearned deposit at the conclusion of our services will be refunded.

5. LEGAL FEES, COSTS AND BILLING PRACTICES. We will only be compensated for legal services rendered if a recovery is obtained for you. If no recovery is obtained, you will be obligated to pay only for costs, disbursements and expenses, as described below.

(a) The fees to be paid to us will be a percentage of the net recovery, depending on the stage at which the settlement or judgment is reached (the term "net recovery" means the total of all amounts received by settlement, arbitration award or judgment, from which will be subtracted all unpaid costs and disbursements set forth in Paragraph 7):

(i) If settlement or judgment is reached before filing a lawsuit, then our attorneys' fees will be 1/3rd (33.3 %) of the net recovery;
(ii) If settlement or judgment is reached prior to thirty (30) days before the first arbitration date (if the case is referred to arbitration) or prior to the date of the first Status or Trial Setting Conference where a trial date is set, whichever is earlier, then our attorneys' fees will be 35 percent (35 %) of the net recovery;and
(iii) If settlement or judgment is reached after the times set forth in (i) and (ii), above, then our attorneys' fees will be 40 percent (40%) of the net recovery.


(c) To aid in the preparation or presentation of your case,it may become necessary to hire expert witnesses, consultants or investigators. We will not hire such persons unless you agree to pay their fees and charges.We will select any expert witnesses, consultants or investigators to be hired.

 


(2) our hourly rate of $195-00 ;

(3) the extent to which our services have        contributed to result obtained;

 



(5) the amount of recovery obtained;




6. NEGOTIABILITY OF FEES. the rates set forth aboce are not set by law, but are negotiable between an attorney and Client.(Business and Professions Code Section 6147)

7. COSTS AND LITIGATION EXPENSES. All costs, disbursements and litigation expenses associated with this matter, including court fees, service of process charges, photocopy services, notary fees, computer-assisted legal research, long distance telephone charges, messenger and delivery fees, postage, in-office photocopying at

$0.15 per page, facsimile charges at $0.50 per page, deposition costs, parking, mileage at $ 0.25 per mile, investigation expenses, consultants' fees, expert witness fees and other similar items. All costs and expenses will be charged at our cost. You understand that, as set forth in Paragraph 4, above, you may be required to make a deposit for costs before the expenditure is made by KING & JORDAN. Any advances on costs by KING & JORDAN shall be subject to an interest charge of 12 % per annum at the discretion of KING & JORDAN.

 

Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary in Attorney's judgment unless one or both of the clauses below are initialed by Attorney.

 

_________Attorney shall obtain Client's consent before incurring any costs in excess of $ _______

_______Attorney shall obtain Client's consent before retaining outside investigators, consultants, or expert witnesses.

In the event that an award of costs is sought on your behalf in this action, you understand that the amount which the court may order as costs is the amount the court believes the party is entitled to recover, and does not necessarily determine what costs Attorney is entitled to charge its clients or that only the costs which were allowed were reasonable. You agree that, whether or not attorneys fees or cost are awarded by the court in this action, you remain responsible for the payment, in full, of all attorney's fees and costs in connection with this matter.

 

8. BILLING STATEMENTS. We will send you periodic billing statements for costs, disbursements and expenses incurred in connection with this matter. Each statement is to be paid in full wihtin 15 days after the date of such statement. You may request a statement at intervals of no less than thirty days. Upon your request we will provide a statement within ten days. if payment is not made within 15 days of billing said charges shall earn interest at the rate of 12 % per annum and Attorney is hereby granted a lien on any settlement or judgment for any and all outstanding and unpaid costs and expenses, along with the reasonable value of legal services delivered. (see paragraph 13 below)


9. APPROVAL NECESSARY FOR SETTLEMENT. We will not make any settlement or compromise of any nature of any of your claims without your prior approval. You agree that you will not make any settlement or compromise of any nature of any of your claims without prior notice to us.


10. LIMITATION OF REPRESENTATIOM. We are representing you only on the matter described in paragraph 2. our representation does not include independent or related matters that may arise, including, among other things, claims for property damage, workers' compenstion, disputes with a health care provider about the amount owed for their services, defense of cross complaints on other matters, or claims for reimbursement (subrogation) by any insurance company for benefits paid under an insurance policy. If such matters arise later, you agree with us that this Agreement does not apply to any such related legal matters, and we will negotiate a separate Agreement if you wish to retain us for that additional legal work.

Unless we agree with each other by a separate Agreement, you will not be liable to compensate us for any such independent or related legal matter which is not specifically covered by this Agreement.


11. DISCHARGE AND WITHDRAWAL. You may discharge us at any time, upon written notice to us, and we will immediately after receiving such notice, cease to render additional services. Such a discharge does not, however, relieve you of the obligation to pay any costs incurred prior to such termination, and we have the right to recover from you the reasonable value of our legal services rendered from the effective date of this Agreement (Paragraph 16) to the date of discharge.

 

We may withdraw from representation of you (a) with your consent (b) upon court approval, or (c) if no court action has been filed, upon reasonable notice to you.


12. CONCLUSION OF SERVICES. When our services conclude, all unpaid charges will immediately become due and payable. You authorize us to use any f junds held in our trust accoutn as a deposit against costs to apply to such unpaid charges. After our services conclude, we will, upon your request, deliver your file to you, along with any funds or property of yours in our possession.

 

13. LIEN. You hereby grant us a lien on any and all claims or causes of action that are the subject of our representation under this Agreement. Our lien will be for any sums owing to us for any unpaid costs, or attorneys fees, at the conclusion of our services. The lien will attach to any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise.

 

14. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. There can be no assurance that you will recover any sum or sums in this matter. Our comments about the outcome of your matter are expressions of opinion, only.

 

15. ATTORNEY'S AUTHORITY. In connection with the claims covered by this Agreement, you hereby give us the power and authority to execute any and all claims, deposits, orders, and other papers which you could properly execute, and to receive on your behalf any monies or other things of value to which you may be entitled because of ay judgment recovered or any settlement received.


16. EFFECTIVE DATE. This Agreement will take effect when you have performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date we first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, you will be obligated to pay us the reasonable value of any services we may have performed for you.


______________________
Attorney

I/we have read and understood the foregoing terms and agree to them, as of the date KING & JORDAN first provided services. If more than one party signs below, we agree to be liable jointly and severally for all obligations under this Agreement. By signing this Agreement, I/we acknowledge receipt of a fully executed duplicate of this Agreement.


Dated: _______ __________________________
                  Client