/Docs/G/Atty-Client-Engagement-CmA/Form/0.md
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Ti = PERSONAL INJURY REPRESENTATION/FEE AGREEMENT
0.1.sec = THIS AGREEMENT is made this {EffectiveDate.YMD}, by and for {Client.US.N,E,A} ("Clients") and with {Atty.US.N,E,A} ("Firm"). The Firm has agreed to pursue claims Client may have in connection with a {Claim.Type.cl}.
0.2.sec = This document will serve as an engagement agreement that will establish the terms of the relationship between the Firm and the Client. By signing this agreement, Client acknowledges that they have a formed a contractual relationship with the Firm.
0.3.sec = NOTE: Please read this agreement carefully. If Client is unsure of what something means, Client should consult with an attorney of the Firm before signing this agreement. It is therefore implied that by signing this agreement, Client read and understood all provision contained herein.
0. = [G/Z/ol/s3]
1.Ti = FEE:
1.1.0.sec = Client hereby retains the Firm on a contingent-fee basis and agrees to pay the Firm:
1.1.1.sec = {Fee.IfBeforeComplaint.Percent%.Cl} of the gross amount recovered by settlement before a complaint is filed;
1.1.2.sec = {Fee.IfAfterComplaint.Percent%.Cl} of the gross amount recovered by settlement or by award/judgment after a complaint is filed;
1.1.00.sec = For example, if the case settles for $100.00 prior to the filing of a complaint and Client owes Client's health-care provider $10.00, the Firm receives {Fee.100Example.IfBeforeComplaint.Atty.$}, the health-care provider receives $10.00, and Client receives {Fee.100Example.IfBeforeComplaint.Client.$}. If the case settles, or by award the Client receives $100.00 after the filing of a complaint and Client owes Client's health-care provider $10.00, the Firm receive {Fee.100Example.IfAfterComplaint.Atty.$}, the health-care provider receives $10.00, and Client receives {Fee.100Example.IfBeforeComplaint.Client.$}.
1.1. = [G/Z/ol-a/s2]
1.2.sec = One purpose of this document is to set forth, in writing, the arrangements concerning the fee between the Firm and Client so as to avoid any misunderstandings.
1.3.sec = The Firm anticipates billing for professional services in accordance with {StateRuleOnFees.cl} primarily based upon the schedule of contingency rates established by the Firm for the attorneys and other members of the professional staff of the Firm. However, the Firm's fee may also take into account other factors, such as the novelty and difficulty of the matter, including factual and legal questions presented, especially those involving separate and community property and the valuation thereof. The fee may also be affected by the level of cooperation by all concerned and the difficulty of the representation in the sense of the intensity of the emotions of the parties, the magnitude of the project, the skill requisite to perform the legal service properly, the amount involved, the results obtained, the urgency or time limitations for performance, and the likelihood that representing Client precludes the Firm from representing other Clients. These factors may increase the ultimate fees billed.
StateRuleOnFees.cl = Rule 1.5 of the Rules of Professional Conduct promulgated buy the Arizona Supreme Court
1. = [G/Z/ol/s3]
2.Ti = COSTS:
2.sec = The Firm may advance out-of-pocket costs incurred (including but not limited to courier and/or delivery services), but reserves the right to require an advance deposit or to forward to Client any larger items (such as expert witness fees or deposition costs) with the request that Client pay them directly to the service providers. Costs advanced by the Firm are taken out of Client's portion of any settlement, award or judgment proceeds after the contingency amount has been calculated.
3.Ti = SETTLEMENT:
3.sec = The Firm will not enter into a settlement without Client's consent.
4.Ti = CLIENT'S RESPONSIBILITIES:
4.sec = The Firm cannot effectively represent Client without Client's cooperation and assistance. Client agrees to cooperate fully with the Firm and to provide promptly all information known or available to Client that is relevant to our representation. Client's obligations include timely providing requested information and documents, assisting in discovery, disclosure and trial preparation, cooperating in scheduling and related matters, responding timely to telephone calls and correspondence, and informing the Firm of changes in your address and telephone numbers.
5.Ti = LIEN:
5.sec = Client hereby grants the Firm a lien on any and all claims or causes of action that are the subject of the Firm's representation under this Agreement. Attorney's lien will be for any sums owing to the Firm for any unpaid costs, or attorneys' fees, at the conclusion of the Firm's services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if the Firm has been discharged before the end of the case. Because a lien may affect Client's property rights, Client may seek the advice of an independent lawyer of Client's own choice before agreeing to such a lien. By initialing below, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and-whether or not Client has chosen to consult such an independent lawyer-Client agrees that the Firm will have a lien as specified above.
6.Ti = FEE ARBITRATION:
6.sec = If there is a dispute concerning fees that the Firm cannot satisfactorily resolve, Client agrees to submit the dispute to binding arbitration before the {FeeArbitrationInstitution.cl}. Client acknowledges that Client is aware that Client would have the right to a trial before a trier of fact, either a judge or jury, in connection with such disputes. Nonetheless, Client voluntarily choose to waive such rights and elect to arbitrate any such disputes through the {FeeArbitrationInstitution.cl}'s fee arbitration.
FeeArbitrationInstitution.cl = State Bar of Arizona
7.Ti = SERVICES NOT PROVIDED:
7.sec = Please be aware that the Firm is not a CPA or tax attorney and can give only limited tax advice. The Firm may, or may not, find the need to prepare Qualified Domestics Relations Orders dividing pension, retirement, 401(k), or similar properties for Client. If these services become necessary, the Firm is able to recommend a tax expert to the Client that can review said tax issue and render an opinion on the matter. This expert will charge Client a fee for such advice.
8.Ti = CO-COUNSEL:
8.sec = It is agreed that the Firm may associate with another attorney, who will assist the Firm regarding the above referenced representation. The attorney will be compensated out of the fees which the Firm otherwise will earn under this Agreement, based upon the effort and time the attorney puts into the case. The Firm will divide the total fees received from the representation with the attorney, and the terms of the division will be based upon a fair and reasonable amount to be determined by the Firm. This division of fees will not increase the fee due from Client should the Firm obtain a recovery on behalf of Client.
9.Ti = DISCLOSURE:
9.sec = Attorneys are officers of the court and under an ethical duty of candor and truthfulness to the court. Accordingly, Client hereby agree that all factual statements related by Client to the Firm are truthful and accurate and Client further acknowledge that Client has been admonished by the Firm as to Client's duty to be truthful at all times with the Firm and with the court. The Firm reserves the right to withdraw from representation if the Firm believe that Client is attempting, or planning to attempt, to commit a fraud upon the court.
10.Ti = CONSENT OF WITHDRAWAL:
10.sec = Client agrees that should Client breach this contract in any form or fashion, Client specifically and expressly consents to the withdrawal of the Firm as your representation in this matter. Client further waives notice to any court hearing in which a request will be made by the Firm and executed by court order relieving the Firm as your attorney of record in this matter.
11.Ti = TERMINATION:
11.1.sec = Either party may terminate the representation at any time, subject to our obligations under the Rules of Professional Conduct and the approval of the court if the matter is in litigation. In the event this agreement is terminated before settlement or ultimate recovery, you agree to pay the Firm the Firm's fees at the hourly rates customarily charged by the Firm for all time reasonably spent by the Firm on your behalf before your termination of this agreement. You shall remain responsible for payment of all costs advanced by the Firm. The Firm's hourly rate is {Atty.HourlyRate.$}.
11.2.sec = Unless previously terminated, our representation will terminate upon sending the final settlement letter.
11. = [G/Z/ol/s2]
12.Ti = FILE DESTRUCTION:
12.sec = Client is hereby advised that the Firm will destroy case files five years after the case is closed, unless Client and the Firm agree otherwise in writing before that time.
13.Ti = OFFICE COMMUNICATIONS:
13.sec = The Firm strives to reduce the amount of paper communication that the Firm provides. The Firm will however provide communication via electronic means. Please provide the Firm with Client's current personal email address (work email will not suffice) as the majority of correspondence sent from the Firm's office will be done so through electronic means.
14.Ti = ELECTRONIC DOCUMENTS AND COMMUNICATION:
14.sec = In an effort to be efficient and reduce the Firm's overall carbon footprint, the Firm will conduct the majority of its business in electronic format. The Firm requires that you transmit documents by electronic means. If Client is unable to transmit documents electronically, the Firm will scan any hard copies of documents that Client provides (at $1.00 per page). Hard copies will then be returned to Client or destroyed upon Client's request. Furthermore, the Firm will communicate with Client through electronic means (such as email). The Firm may from time to time provide Client with a hard copy of documentation. If Client request that the Firm not correspond through email, the Firm will provide Client hard copies of all documents at a cost to Client. The Firm will comply with the appropriate Arizona Rules of Professional Responsibility as it relates to electronic communication.
15.Ti = ELECTRONIC COMMUNICATION AND CLOUD-BASED STORAGE:
15.sec = Regarding attorney-client communications, it has become customary to use electronic mail transmitted via the Internet, including the use of online commercial e-mail services that store information on their servers, for attorney-client communications, albeit upon the understanding that such use and storage may heighten the risk of inadvertent or unintended disclosures or other adverse consequences occurring. In addition, the Firm uses a third-party service provider to store client information in cloud-based practice management platform. Client has been given effective notice of these provisions, advised of their meaning and potential consequences, and hereby consents and prefers the use of such communications and services, including cellular telephones, text messaging, and fax transmissions, because of their efficiency and convenience. Client is aware of and accepts the risks of any adverse consequences, which may include the loss of attorney-client privilege, attorney work product confidentiality and any other protections through the disclosure of confidential information.
16.Ti = LIMITED POWER OF ATTORNEY:
16.sec = Client hereby appoints the Firm as its attorney in fact to act in the capacity to endorse and deposit in trust any and all settlement checks or checks procured by award or judgment related to the above-referenced representation. The rights, powers, and authority of this power of attorney is herein granted upon execution of this document and shall remain in full force and effect until the above-referenced representation is terminated.
00.1.sec = This agreement and the attached notices represent the entire and complete agreement between the parties and may not be modified, altered or added to except by subsequent written agreement executed between the parties.
00.2.sec = WARNING: THIS IS AN IMPORTANT, BINDING LEGAL DOCUMENT. IF YOU HAVE ANY QUESTIONS ABOUT WHAT IT MEANS, DO NOT SIGN IT.
00.3.sec = BY EXECUTING THIS AGREEMENT, CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE TERMS THEREOF, AND HAVING RECEIVED A COPY OF THE EXECUTED CONTRACT.
00.4.sec = Client understands that the Firm is not representing him or advising him as to any term in this contract. Client is free to obtain independent counsel to review and advise Client regarding this contract. The Firm will take steps to cooperate with independent counsel during the review of the instant contract. Client promises that all funds paid to the Firm were lawfully obtained.
00.5.sec = The Firm does not warrant the expectation of any results. Each client's case is inherently unique and guarantee of results cannot be obtained for other clients in similar matters without referencing the specific factual and legal circumstances of each client on an individual basis. Any statements we have made about Client's case are opinions only.
00.6.sec = DATED this {EffectiveDate.YMD}.
00.7.sec =
{Client.US.Contract.By.Sec}{Atty.US.Contract.By.Sec}
00. = [G/Z/paras/s7]
= [G/Z/ol/16]
Client.Handle = Client
Atty.Handle = Firm