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Retainer Agreement; General terms for employment of legal counsel .doc center doc

legal > Contracts

 

Retainer Agreement; General terms for employment of legal counsel .doc

Retainer Agreement This contract, made and entered into this 18th day of April, 2008, by and between John D DoeDoe, hereinafter referred to as "client," and Jake L Attorneymann, Attorney, hereinafter referred to as "attorney." Whereas, client desires to employ attorney to institute and prosecute a claim or suit against such persons, firms, associations, political bodies, governmental units, or corporation as attorney, in his sole discretion, deems desirable or necessary. Therefore, the parties agree as follows: 1. Client employs attorney to represent him and, if necessary, to institute and prosecute suit and, as compensation for legal services, client agrees to pay and hereby assigns unto attorney thirty-three percent (33 %) of all monies and things of any value recovered in said claim by compromise, settlement, or suit. If an appeal is attempted by either party to the controversy, or if a second trial takes place, a fee of forty-five percent (45 %) of the total amount recovered shall be charged in addition to the fee above provided for. 2. In the event of a "structured settlement," the fee provided for above shall be computed on the basis of the "present value" of that "structured settlement" at the time of settlement in accordance with such methods of determining "present value" as are generally recognized, accepted and employed by expert economists or actuaries. The expense of such determination shall be considered a cost or expense of the case. The whole fee is payable at the time of settlement. 3. As to all attorney fees herein provided for, the attorney shall have a lien upon all monies and things of value recovered in said claim as aforesaid. 4. If the attorney seeks an award of attorney fees and costs as sanctions against a party litigant, and if such attorney fees and costs are awarded to the attorney, any such award shall be in addition to and not in lieu of the attorneys' fees and costs provided for hereinabove, and shall be paid to attorney in addition to other fees herein provided. 5. Client shall pay all costs and expenses incurred in and about the institution and prosecution of said suit or claim. 6. Attorney is hereby authorized to advance costs and expenses which client agrees to repay promptly upon request. 7. Attorney accepts employment on the condition that, if it appears to be a recoverable claim, he will proceed to handle the same; provided, however, that if at any time attorney determines that the prosecution of said claim or suit shall not, in his opinion, be feasible, attorney is then entitled to withdraw from representation of client. 8. If a claim is made on behalf of any infant or incompetent and if Court rules or law requires, the fee will then be such as may be approved by the Court. 9. Client does hereby authorize attorney, at attorney's sole option, to withhold and pay from any sums received by way of settlement or otherwise in the prosecution of the claim: a. The attorney's fee herein provided; 1 b. Any costs or expenses not yet reimbursed to the attorney; c. Any amounts owed by Client for doctors' or hospital bills; d. Any other obligations owed by client arising out of the controversy for which the attorney was employed. 10. It is further agreed that, in the event the attorney negotiates and recommends acceptance of what the attorney, in his sole discretion, considers to be a fair and equitable settlement of the claim for which the attorney is hereby employed, and if the client refuses to accept said settlement, the attorney shall thereupon have the right to withdraw from representation of said client, and the client shall be indebted to said attorney for the amount of the attorney's fee and costs and expenses hereinabove provided based upon the offer of settlement recommended by the attorney. Witness the following signatures and seals: ___________________________ ___________________________ ___________________________ 2
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6/20/2008
English
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