Fillable Printable STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT

Notice: This Agreementis notvalidunless signedand accepted byan officer ofTheFeldmanLaw

Firm, P.C., whowill makethesoledecisionwhethertoaccept yourcase.This Agreementmay be

digitally signed by allparties and faxed; pdfsignatures are alsoacceptable. This form is the Feldman

LawFirm, P.C.’sstandard agreement forindividuals,andtheFirmwill offerthis Agreement to all its

individual clients unless unusual circumstances existswhich might require different terms. This

agreement doesnot applytopossible class action claims, or whistleblower claims, which will require

different terms.

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR

INDIVIDUALS

The Feldman Law Firm, P.C.

1701 Commerce Street

Houston, Texas77002

713-586-1616

877-658-5604 Toll Free

1. REPRESENTATION APPROVED

This Agreement isto confirm that you have retained The Feldman Law Firm, P.C. (the

“Firm”) to represent you in a suit to be filed against

(list one or more potentially responsible parties) and all other

responsible parties, concerning

(briefly describe the nature ofyour case and your

injuries or damages). By signing this Agreement, you are authorizing the Firm to file suit onyour

behalfto pursue your claim. Please note that this agreement does not include any mattersnot

described inthis Agreement,and securingthe Firm’sservicesfor other matterswill require

another separate agreement similar to this one.

2. CONTINGENT FEE AND EXPENSES

In consideration of the services rendered and to be rendered by the Firm, you hereby set

over,give to, assign, transfer, grant and convey tothe Firm apresent forty percent (40 %)

interest in your cause or causesofactionand anyrecovery arisingout ofor related to the

dispute described above. Recovery ismeant to include anything ofvalue you receive through

settlement or judgment,and includes,property,money, benefits,the forgivenessofdebt, or any

other thing ofvalue, no matter how described, and also includes, without limitation, common

law or statutory damages,exemplary, multiplied, or punitive damages, attorneys’ fees, interest and

court costs. Ifyour recovery isunliquidated,such asan agreement to provide benefits in the

future, the valueofthe recovery means the presentvalue ofthe property or benefit recovered as

ofthe date ofsettlement or judgment. You acknowledge that you are givingup atthis timeto

the Firm the above stated amount and thatthe statedpercentage will be paid tothe Firm from

the total amount ofsettlement or judgment recovered, after the reimbursement ofany expenses

advanced or incurred by the Firm.

The Firmwill be responsible for advancing,atits sole discretion, all reasonably

necessary expenses of the litigation, but you will be required to repay any expenses advanced out

ofyour portionofthe recovery. These expensestypically include filingfees, service fees,travel

and lodging expenses, expert witnessfees,trial and litigation support fees, audio-visual

equipment charges, deposition or videographer fees, transcript fees,and all other expenses

incurred by the Firm asa consequence ofpursuingthis casewhich are not otherwise regular

overhead of the Firm. Charges for in-house expensesare contained in Exhibit A.

The FeldmanLaw Firm, P.C.

Page2

By way ofexample, ifthe Firm has advanced or incurred $10,000 ofexpenses,and

there is a $150,000 recovery,$10,000 willbe reimbursed tothe Firm,and the contingent fee will

be calculated as 40 %of$150,000,or $60,000.Thusthe client will receive anet of$80,000 and

the firm will receive anet $70,000 in this example. Ifthe recovery isless than the expenses

advanced or incurred,the Firm will receive the entire recovery as apartial repayment ofthe

expenses it hasadvanced or incurred.

Intheevent thereis no recovery,youwill owenofee tothe Firm, and under no

circumstancewillyou everberequired to repay expenses advancedor incurred by the

Firm except as set forth above.

In addition, it is possible your claim will involve, in part, a claim for attorneys’ fees under

state or federal law. Sometimes,courts are reluctant to award a contingent amount as afee or the

law may prevent the awardofa contingent amount as afee. We will therefore keep track ofour

hourly work onyour case to ensure that your fee claim ismaximized in the event this case

proceedstoafinal judgment. However,ifthere isafinal judgment whichincludesafee award,

you agree that the firm will be entitled to the greater ofthe contingent fee stated above or the

attorneys’ fees awarded in the judgment.

By way of example, if you recover $150,000 from a final judgment, $110,000 of which is

for damages,and $40,000ofwhichisfor attorneys’fees,and the firm hasadvanced $20,000 of

expenses, then the firm will be paid $60,000out ofthe $150,000 recovery asitscontingentfee

and will also be reimbursed its$20,000in expenses,sothat the net to theclient would be

$70,000. Conversely,ifyou recover $150,000 in afinal judgment, but only $60,000ofwhich is

for damagesand $90,000 ofwhichisfor attorneys’ fees,thenthe firm will be paid $90,000 asits

fee and will be reimbursedthe $20,000 ofexpenses advanced,so the nettothe client wouldbe

$40,000.Again, ifyou recover nothing,you willnot be liable for anyattorneys’ fees or

expenses of theFirm.

3. YOUR CONSENT IS REQUIRED TO SETTLE

Aswith allcases,the decisionwhether to settleor not to settleremains,ultimately,with

the client. Ifasettlement offer is proposed,the Firm will provide you advice whether we believe

the settlement isinyour best interest. This involves lookingcarefully at the risks,rewardsand

costs associated withcontinuingto pursue your caseverses acceptingthe settlement. Althoughit

is certainly not the Firm’s experience,it ispossible that the Firm may advocate acceptance ofa

settlement but you might disagree. If that occurs, the Firm may determine to withdraw from this

representation, but only with court approval and onlyifdoing so isconsistent with ethical and

professional obligations we owe you.

4. DISCOUNT FOR PROMPT SETTLEMENT

The Firm believesit is usually in the interest ofitsclients tosettle casesearly, before the

expensesand time involved with formally havingto file alawsuitareincurred. Therefore,unless

unusual circumstancesexist,such as the possible runningofthe statute oflimitationsfor your

claims, the firmwill make agoodfaith, reasonable effortto resolve your case before asuit is

filed. Ifwe are successful, and are able to settle the case withyour consent before we file suit,

thenthe Firm will discount its contingentfee interest by half,to 20% ofthe recovery. All other

The FeldmanLaw Firm, P.C.

Page3

termsofthis Agreement concerning the reimbursement ofexpenses we may have advanced or

incurred on your behalfstill apply, as set forth above.

5. INTEREST ON EXPENSES

It is not anticipated that any amounts will be advanced by the Firm directly to you in this

matter.However,the Firm, at its option, may charge interest to any amounts advanced by the

Firm to pay reimbursable expensesas set forth above at the lesser of(i) the Bank Rate Monitor

National Index forpersonal loans effective on the date ofthe initial advance or (ii) the highest

lawful rate allowed by applicable law.

6. COUNTERCLAIMS

Occasionally,the filing ofa lawsuit may result inacounterclaim beingfiledagainst you.

If the counterclaim arisesout ofthe dispute referenced above,the Firm will defend you atno

extra charge. However,ifa defendant brings an unrelated claimagainst you,suchas for money

claimed tobe owed,we willneed to enterinto a separate fee agreement to cover my firm’s work

on unrelated counterclaims. In no event will the Firm be liable forany counterclaim judgment

against you,and you acknowledge and understand that bringing alawsuit frequently invites

counterclaimsand may well result in an unanticipated contingent or actual liability.

7. ASSOCIATION OFADDITIONAL COUNSEL

In some cases,we maydetermine to associate other lawyersor firms in this case whoare

not affiliated with the FeldmanLaw Firm,P.C., subject to your written permission. Under no

circumstances will our doing so increase the total fee owed by you under this Agreement, and we

will fully disclose all terms of the association in advance.

8. APPEAL AND COLLECTION

This agreement does not provide for costs or fees of an appeal or for collection

proceedings.

Ifthe Firm and the client agree that an appeal is appropriate inthis case,or it becomes

necessary to defend an appeal byone ormore defendants, you may,at your option, either (1)

retain the Firm at itsprevailinghourly rate for appellate services asset forthonExhibit Aor (2)

retain the Firm throughacontingent fee payment ofan additional tenpercent (10%). In the

event you select the firstoption, we may require a monetary retainer to securepayment ofour

hourly services. You may also, of course, retain separate counsel for any appeal in this action, but

your decisiontodo so willnot alter or reduce in any way the contingent fee amounts otherwise

owed hereunder.

Ifthe Firm and the client agree that collection proceedings are appropriate, the Firm

will not charge the client for attorneys’ fees related tocollection, but the Firm will be entitled to

any additional attorneys’fee award recovered in a collectionproceeding, and collection expenses

will be charged against the client’s portionof the recovery.

The FeldmanLaw Firm, P.C.

Page4

9. YOUR WARRANTIES TO THE FIRM

All lawsuits require close cooperationbetweena clientand their attorneys. Therefore,by

signingthis Agreement, you agree to reasonably cooperate with the Firm in the prosecutionof

your case, and to make yourselfreasonably available for any required hearings,depositions,or

mediations, asthe case may be,and that you will,at the Firm’s request,attend any trial ofyour

case.

You also warrant thatneither the Firm nor anyone else acting or purportingtoact on

the Firm’s behalfhas offered or promised you anythingofvalue inconnectionwithyour

decisionto enter intothis Agreement, and you further acknowledge and understand that: (a) the

Firm cannot warrant or guarantee the outcome ofyour case; (b) the Firm has not represented to

you that you will recover allor any ofthe funds or compensation desired; and (c) obtaininga

judgment does not guarantee that the opposing party will be able or willing to satisfy the

judgment.

Finally, you warrantthat you are competent to enter into this Agreement, have full

authority to do so, and that you havenot sold or transferred any interestinyour casetoathird

party.

10. MISCELLANEOUS

10.1Choice ofLaw and Venue. This Agreement and any dispute betweenyou and the Firm

shall be construed under and in accordance with the laws of the State of Texas, and all

obligations ofthe parties createdhereunder are performable in HarrisCounty,Texas. The venue

for any dispute between you and the Firmshallbe inany state or federal court withcompetent

jurisdiction located in Harris County, Texasand you consent to such venue.

10.2Right ofthe Firmto Withdraw. The Attorneys may,at their optionand with Court

approval, withdraw from the lawsuit and ceasetorepresent the Client for any reasonconsistent

with the Attorneys’ ethical and professional obligations.

10.3Parties Bound. This Agreement shall be binding upon and inure to the benefit ofthe

partiesheretoand their respective heirs,executors,administrators, legal representatives,

successors, and assigns where permitted by this Agreement.

10.4LegalConstruction. In case any one or more ofthe provisions contained in this

Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such

invalidity,illegality, or unenforceability shallnot affect any other provisions thereof,and this

Agreement shall be construed asifsuch invalid, illegal,or unenforceable provision had never

been contained herein.

10.5State Bar. All lawyers in Texashave an obligationtomaintain a highstandard ofethical

conduct toward their clients and others. To enforce this standard, the State Bar of Texas

investigates and prosecutescomplaints ofprofessional misconduct against attorneys licensed in

Texas.Ifyou feel that misconduct may have occurred or ifyou have questions regardingthe

disciplinary process,you may call or writethe State Bar ofTexas, P.O. Box 12487, Austin,Texas

78711, (512) 463-1381 or 1-800-932-1900(toll free).

The FeldmanLaw Firm, P.C.

Page5

10.6Errors andOmissions Insurance.The Firmmaintains errors and omissions insurance

coverage applicable to services contracted to be provided under thisAgreement.

10.7Privacypolicy. At some point during the Firm’s representationofyou,you may be asked

to provide your social securitynumber and other informationwhich isgenerally understood to

be private and confidential. You agree to provide the Firm your social security number and any

other private or confidential informationwedeem necessary to effectively represent you,

including your tax returns ifyou aremakinga claim for lost wages or lost earningcapacityor

possibly for other reasons. We are authorized to disclose your social security number and other

private or confidential informationabout you to any defendant in this case,as well as any party

whopossessesor claimsto possess a lienonthe proceeds any recovery. At your request, we will

seek to protect the re-disclosureofthis informationthroughaprotective order, butwe cannot

guarantee that we will be able to secure aprotective order coveringall ofthe informationfor

which you wishto prevent re-disclosure. Youtherefore understand that,duringthe course of

our representationofyou,especially ifyour case istried inopen court,private and confidential

informationabout you may become publicly available, and you consent to such disclosure.

Otherwise,we will keep yoursocialsecurity number, as well asany other privateinformationwe

obtain about you,in the strictest confidenceand will not disclose it to any third party without

your consent, unless we are ordered to do so by a court of competent jurisdiction.

10.8RepresentationofMultiple Plaintiffs. Client understandsthat the firm may represent,

and consents to the Firm representing, multiple Plaintiffs relatingto the same transactionor

occurrence that is the subject ofyour case. By enteringinto this Agreement, you waive any right

you may have torequire that the Firm disclose toyou any confidenceswe may have obtained

from any other Plaintiff in connection with the subject matter of this Agreement.

10.9PriorAgreements Superseded. This Agreement constitutes the sole and only Agreement

ofthe parties heretoand supersedes any prior understandingsor written or oral agreement

between the parties respecting the within subject matter.

Ifthis Agreement isacceptable to you,please sign in the space provided below, and

returnone original to theFirm. Alternatively,the Firm can arrange for an electronic or fax

signature ofthis Agreement, ifyou prefer. When wereceive this Agreement signed by both you

and the Firm, we will commence our representation in the above-described matter.

{remainder of this page intentionally left blank}

The FeldmanLaw Firm, P.C.

Page6

I CERTIFYAND ACKNOWLEDGETHATI HAVEHAD THE OPPORTUNITYTO

READ THIS AGREEMENT AND THAT I HAVE VOLUNTARILY ENTERED INTO

THIS AGREEMENT FULLY AWARE OF ITS TERMS AND CONDITIONS, AND THAT I

HAVE RECEIVED A COPY OF THIS AGREEMENT.

SIGNED AND ACCEPTED ON THIS _____ DATE OF _________________, 2011.

Please print the following:

Name(s):

Address:

Email:

Home Phone:

Cell Phone:

Daytime Phone:

Employer:

Employer’s Address:

Emergency Contact: (state relation to you)

Emergency Contact Addressand Phone:

THIS AGREEMENT IS NOTEFFECTIVEUNLESS SIGNED BY AN AUTHORIZED

REPRESENTATIVEOF THE FELDMAN LAW FIRM, P.C.

REPRESENTATION ACCEPTED BYTHE FELDMAN LAW FIRM, P.C.

BY: X

Arthur S. Feldman, Its President

The FeldmanLaw Firm, P.C.

Page7

Exhibit A

Standard Hourly Rates and Charges 2011

The following are the Firm’s standard hourly ratesand chargesin 2011, and are subject to

adjustment on January 1 of each year:

Hourly Rates

Arthur Feldman $400.00

Associate Attorney$250.00

Paralegal $100.00

In-HouseCharges

Photocopies:$.07/page

Inbound Fax:no charge

Outbound Faxno charge

Long Distance: at cost

Courier services: at cost

Overnight Delivery:at cost

(Fed Ex/UPS)