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Fillable Printable STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT

Fillable Printable STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT

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.
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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.
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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 clients portionof the recovery.
The FeldmanLaw Firm, P.C.
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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.
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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.
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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.
X
X
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.
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Exhibit A
Standard Hourly Rates and Charges 2011
The following are the Firms 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)
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