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Fee Agreement

Fee Agreement

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Published by Alma McCauley
attorney client legal services agreement, personal injury case, contingency, paralegal portfolio
attorney client legal services agreement, personal injury case, contingency, paralegal portfolio

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Categories:Types, Presentations
Published by: Alma McCauley on Sep 13, 2010
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09/11/2013

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E
 ARL
E.
 
ISER 
, A
 TTORNEY AT
L
 AW 
 
1620 South Michigan Avenue  Unit 611  Chicago, Illinois 60616  Telephone: 312/566-0678
Page
1
of 
3
 
LEGAL SERVICES AGREEMENT
This agreement, executed in duplicate with each party receiving an executed original, is made between CurtMarceille (Client) and Earl E. Riser, (Attorney).ServicesThe legal services to be provided by Attorney to Client are as follows: Representation of Client with respect todamages arising out of the personal injury which occurred on the 9
th
day of December, 2008.Legal services that are not to be provided by Attorney under this agreement specifically include, but are notlimited to, the following: Representation with respect to (a) any claim for property damage arising out of the accident,(b) any dispute with a medical care provider about amounts owed by Client for services received, or (c) any appeal inwhich Client is an appellant from a court judgment on Client͛s personal injury claim (i.e. Attorney͛s obligation torepresent Client under this agreement extends to an appeal only if Client is a respondent).Attorney will not settle Client͛s claim without the approval of Client, who will have the absolute right to acceptor reject any settlement. Attorney will notify Client promptly of the terms of any settlement offer received by Attorney.Keeping InformedAttorney will perform the legal services called for under this agreement, keep Client informed of progress anddevelopments, and respond promptly to Client͛s inquiries and communications. Client will be truthful and cooperativewith Attorney and keep Attorney reasonably informed of developments and of Client͛s address, telephone number, andwhereabouts.FeesThe amount Attorney will receive for attorney͛s fees for the legal services to be provided under this agreementwill be:33 percent (%) of the net recovery if the recovery is obtained before the filing of a lawsuit;33 percent (%) of the net recovery if the recovery is obtained after the filing of lawsuit but before the arbitrationhearing, settlement conference, or trail, whichever occurs first;33 percent (%) of the net recovery if the recovery is obtained after the filing of Client͛s brief in an appeal from acourt judgment.͞Net recovery͟ means the amount remaining after the total amount received (whether by settlement,arbitration award, or court judgment) has been reduced by the sum of all ͞costs͟, as defined in this agreement.If payment of all or any part of the amount to be received will be deferred (such as in the case of an annuity, astructured settlement, or periodic payments), the ͞total amount received,͟ for purposes of calculating the attorney͛sfees, or final judgment, of the payments to be received thereafter. The attorney͛s fees will be paid out of the initiallump-sum payment. If the payment is insufficient to pay the attorney͛s fees in full, the balance will be paid fromsubsequent payments of the recovery before any distribution to Client.
 
E
 ARL
E.
 
ISER 
, A
 TTORNEY AT
L
 AW 
 
1620 South Michigan Avenue  Unit 611  Chicago, Illinois 60616  Telephone: 312/566-0678
Page
2
of 
3
 Client understands that this Attorney͛s fee is not set by law but rather is negotiable between the Attorney andthe Client.If there is no net recovery, Attorney will receive no attorney͛s fees.Attorney will have a lien for Attorney͛s fees and costs advanced on all claims and causes of action that are thesubject of this representation of Client under this agreement and on all proceeds of any recovery obtained (whether bysettlement, arbitration award, or court judgment).ExpensesAttorney will advance all costs in connection with Attorney͛s representation of Client under this agreement.Attorney will be reimbursed out of the recovery before any distribution of fees to Attorney or any distribution to Client.If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bearthe loss. Costs include, but are not limited to, court filing fees, deposition costs, expert fees and expenses, investigationcosts, long-distance telephone charges, messenger service fees, photocopying expenses, and process server fees. Itemsthat are not to be considered costs, and that must be paid by Client without being either advanced or contributed to byAttorney, include, but are not limited to, Client͛s medical expenses and other parties͛ costs, if any, that Client isultimately requited to pay.Conflict of InterestClient is informed that the Rules of Professional Conduct of the State Bar of Illinois require the Client͛s informedconsent before an Attorney may begin or continue to represent the Client when the attorney has or had a relationshipwith another party interested in the subject matter of the Attorney͛s proposed representation of the services for Clientunder this agreement. As long as Attorney͛s services for Client continue under this agreement, Attorney will not agreeto provide legal services for any such party without Client͛s prior written consent.TerminationClient may discharge Attorney at any time by written notice effective when received by Attorney. Unlessspecifically agreed by Attorney and Client, Attorney will provide no further services and advance no further costs onClient͛s behalf after receipt of the notice. If Attorney is Client͛s attorney of record in any proceeding, Client will executeand return a substitution-of-attorney form immediately on its receipt from Attorney. Notwithstanding the discharge,Client will be obligated to pay Attorney out of the recovery a reasonable attorney͛s fee for all services provided and toreimburse Attorney out of the recovery for all costs advanced. If there is no recovery, or the recovery is insufficient toreimburse Attorney in full for all costs advanced, Attorney will bear the loss.At the termination of services under this agreement, Attorney will release promptly to Client on request all of Client͛s papers and property. ͞Client͛s papers and property͟ include correspondence, deposition transcripts, exhibits,experts͛ reports, legal documents, physical evidence, and other items reasonable necessary to Client͛s representation,whether Client has paid for them or not.GuaranteeAlthough Attorney may offer an opinion about possible results regarding the subject matter of this agreement,Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about theoutcome and that any opinion offered by Attorney in the future will not constitute a guarantee.

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