Barker Law Offices LC
Mitchell R. Barker
3501 West Elder Street, Suite 110, Boise, Idaho 83704 Telephone (208) 489-6400
Facsimile (208) 489-6404 firstname.lastname@example.org
January 28, 2010
Anthony Harper, PhD.
1094 S. Hilton, apt 221
Boise, Idaho 83705
Re: Personal Injury Case, CV PI 06-05377
Dear Dr. Harper:
This letter is intended to set forth the agreement we discussed in our phone call
today and our recent meeting, whereby you wish to retain my services to assist with the
injuries caused to you, arising from your motor vehicle accident which occurred on April
2, 2004. You have provided copies of some medical records, and I believe copies of
billings from some or all of your medical providers. Please let me know which ones must
be updated. Also, please begin compiling a list of all your medical providers, their
charges, what has been paid and by whom, and any outstanding amounts.
As I mentioned, I am willing to represent you as my client in an attempt to obtain
damages for your injuries, and that is the only subject matter of this agreement.
I mentioned that I am at an obvious disadvantage, since I have just received the
box of paperwork so late in the case. I will need to bring myself up to speed quite
rapidly. For that reason, I will take your case when I receive a nonrefundable
prepayment of fees in the amount of $500. Beyond that amount you will owe an attorney
fee for my services only if money is obtained. My fee will be one third (33 1/3%) of any
benefit obtained from any source, if it settles and pays out by June 31, 2010. While I will
attempt to settle the matter without a trial, it seems fairly likely that we will have to put
on a trial (which I believe is scheduled for September). If the matter settles on or after
August 1, 2010, my fee will increase to 40% of any funds received from any source. This
percentage will apply through August 31, 2010.
January 28, 2010, Contingent Fee Agreement Letter, Dr. A. Harper 1
If the matter goes to trial, or settles and pays out on or after September 15, 2010,
my fee will become 45% of all benefit obtained from any source. If there is an appeal 1
by either side, and I handle it for you, my fee will become 49% of any benefit received.
Upon receipt of money, you are entitled to a refund of the $500 paid at the outset, unless
some amount is owed to me in out of pocket costs or the like. In the event of a settlement
or verdict is paid over time, the fee will be based on the present value of the entire
settlement, or a percentage of each payment, at my option.
You have indicated that you have paid significant amounts for costs (such as
expert witnesses), which is appropriate. You are responsible for the costs. In the interest
of convenience I may (but am not required to) advance some costs/expenses associated
with your claim. As the client you remain ultimately responsible for those out of pocket
costs, regardless of the outcome of the case. These can include a variety of things, like
filing fees, postage, copies, long distance phone calls, faxes, travel, file charges, medical
records costs, investigation, depositions, lay and expert witness fees, a file opening fee of
$30.00, etc. If there are out of pocket expenses which I am owed at the time any amount
is received on your case, you authorize me to deduct such out of pocket expenses from
your share, in addition to the agreed attorney fee from the amounts received.
Although I have indicated that I think your case has a good chance for success, of
course there is no guarantee of any particular outcome. I can’t guarantee that we will
obtain or do better than the settlement offers made prior to the last trial date, though that
certainly is my hope and belief. As you know, the insurer’s offers were in an amount that
is less than what you have estimated your medical expenses to be.
You agree to cooperate in all ways, including but not limited to promptly
obtaining and providing requested information, keeping fully informed of your situation
and employment and medical condition, keeping me up to date on all your contact
information, staying in touch as appropriate, being truthful, etc. You agree to inform me
if you have concerns or suggestions about my handling of the case.
You may be asked to do much of the legwork in the case, which I believe you are
more capable of doing than most clients. You understand that I cannot work on your case
every day, or always take every call that comes in, and that it may take a day or two to
call back. If you feel we need to meet, please set an appointment rather than showing up.
Dropping by to leave papers with the receptionist can be done, of course, without a prior
appointment. Email is a good way of communicating with me.
I agree to handle your case in a professional manner, and to work to obtain the
best result possible.
I understand that two prior attorneys have worked on this case, in addition to the
bankruptcy attorney. By this agreement you are indicating that only those two
attorneys may have an interest in this case, or may claim a portion of any settlement
In the event either side appeals, this letter is not an agreement to handle that matter. We will have to
discuss that at that time.
January 28, 2010, Contingent Fee Agreement Letter, Dr. A. Harper 2
(and that your insurance company may be entitled to subrogation of its interests).
You agree to indemnify me and hold me harmless for all costs, expenses, fees, liens or
interests of or claimed by any other person or entity, and to pay any such amounts, out
of your share of case proceeds or by other means. Nothing in this contract shall be
deemed to enlarge or extend any rights such other attorneys may or may not have,
or to acknowledge or create any rights where there are none. Nothing in this
contract should be to be a third party beneficiary contract for the benefit of any
other person or entity.
This agreement is conditioned on and subject to approval of the Bankruptcy
Court, and you agree to request Mr. French to obtain an appointment of me as special
You understand that either of us may terminate this relationship at any time. In
the event you do terminate this relationship, or if I do so because of problems created by
your non-cooperation or your breach of this agreement, then you will owe me the
reasonable value of my time expended on the case or, at my option, the percentages
provided for above, and an attorney’s lien on the proceeds of the case and on the file will
protect that fee. I have the right to employ other attorneys to assist me with your claim,
but if I do that will not increase the total attorney fee you owe, unless you agree
otherwise in writing.
If you agree and understand the above,2 please print it out, sign and date below,
and return this letter of agreement to me.
If you have corrections or questions, please feel free to call me or send me an
email. I look forward to working with and assisting you, and am excited to become
involved as soon as practical. .
Mitchell R. Barker
I HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE
AGREEMENT. I ACKNOWLEDGE THAT THERE ARE NO OTHER AGREEMNTS
Anthony Harper, PhD
Date: February ____, 2010
Attached for your convenience is a copy of my most recent Curriculum Vitae, in case it helps you to make
your decision, and or is needed by Mr. French. My Web Site is viewable at barker-lawoffices.com. The
Curriculum Vitae is not part of this agreement.
January 28, 2010, Contingent Fee Agreement Letter, Dr. A. Harper 3
January 28, 2010, Contingent Fee Agreement Letter, Dr. A. Harper 4