1 ATTORNEY/CLIENT CONTINGENT FEE RETAINER AGREEMENT. This document, agreement or RETAINER agreement (hereinafter Agreement ) is the written fee contract that California law requires lawyers to have with their clients. Pursuant to the terms and conditions of this agreement, Jackson & Wilson, A Professional Law Corporation ( Attorney ) will provide legal services to you, the client ( Client ), as specifically referenced below, pursuant to the terms and conditions set forth herein. This agreement, including all attachments, is confidential and is legally privileged. 952, et seq.; CCP , et seq.; see also Mitchell v. (Shell Oil Co.)(1984) 37 C3d 591, 601. Please note that this agreement is required by California Business and Professions Code section 6147 and is intended to fulfill the requirements of that section.
2 It is modeled after the agreement(s) prepare by the California State Bar and as approved by the Board of Governors June 20, 1987; amended effective November 22, 1996; May 15, 2001; June 23, 2005; March 8, 2010. 1. CONDITIONS: This agreement will not take effect, and we will have no obligation to provide legal services, until the original fully signed and dated agreement is delivered to us together with payment of the initial RETAINER deposit, if any, as indicated below. 2. SCOPE OF SERVICES: You are retaining us as your attorneys to represent you in the following matter (to be completed by lawyer): _____. We will provide those legal services reasonably required to represent you. We will take reasonable steps to keep you informed of the progress of the matter, and to reasonably respond to your inquiries.
3 If a court action is filed, and subject to the terms and conditions set forth herein, we will represent you until a settlement or judgment is reached. Furthermore, we may associate with other attorneys and/or delegate to other attorneys or third-party services some or all of the attorney services to be provided to client. Any such delegation will not increase or otherwise affect client's obligation to pay attorney fees as provided for in this agreement. Legal services that are excluded under this agreement include, but are not limited to, the following: independent or related matters that may arise, including, among other things, claims for property damage, workers' compensation, disputes with a health care provider about the amount owed for their services, or claims for reimbursement (subrogation) by any insurance company for benefits paid under an insurance policy.
4 This agreement also does not include defending client against, or representing client in any claims that may be asserted against client as a cross-claim or counter-claim in client's case. This agreement does not apply to any other legal matters. If any such matters arise later, attorney and client will either negotiate a separate agreement if client and Attorney agree that Attorney will perform such additional legal work or client will engage separate counsel with respect to the additional legal work. Absent a separate RETAINER agreement, it is understood and agreed that we are not obligated to do any of the following: initiate or oppose any motion for a new trial, initiate or oppose any other post-trial motions on your behalf, represent you on an appeal and/or represent you in any proceedings designed to execute on the judgment.
5 Unless we enter into a different agreement with you, in writing, this agreement will govern all services we may perform for you. 3. CLIENT'S DUTIES: You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this agreement, to pay our bills for costs (if any) on time, and to keep us informed of your current address, telephone number and whereabouts. You agree to appear, if we so request, for all meetings and hearings including but not limited to all depositions and court appearances, and to generally cooperate fully with us in all matters related to the preparation and presentation of your claim. You understand that your failure to comply with any of the terms and conditions of this agreement may be detrimental to the outcome of your case and grounds for Attorney to unilaterally cancel this agreement without notice to you.
6 4. DEPOSIT: You agree to pay an initial deposit of $ (no deposit is necessary in most personal injury and wrongful death cases), to be returned with this signed agreement. Regardless of whether or not an initial deposit is required and/or if your deposit is exhausted, we reserve the right to demand further deposits as we unilaterally deem needed and/or prior to or after actual expended costs. Once a litigation related date is set, including but not limited to arbitration, mediation and trial, at our sole discretion, we may require you to pay all sums then owing to us and, to deposit further funds including, but not limited to, the costs we estimate will be incurred in preparing for and completing the event, as well as the reporter, jury, arbitration or mediation fees likely to be assessed. Those sums may exceed the maximum deposit.
7 If requested, you agree to pay all deposits or advances required under this agreement within 10. days of our demand. Any unused and unearned deposit at the conclusion of our services will be refunded. 2. 5. LEGAL FEES, COSTS, AND BILLING PRACTICES: We will only be compensated for attorney fees related to legal services rendered in a contingency matter if a recovery is obtained for you. If no recovery is obtained, then no attorney fees will be charged and you will only be obligated to pay for costs, disbursements and expenses, as described herein. The attorney fees to be paid to us will be a percentage of the gross recovery, depending on the stage at which the settlement or judgment is reached (the term gross recovery means the total of all amounts received [compensatory, special, general, and punitive damages] by settlement, mediation, arbitration, judgment or otherwise).
8 If part or all of the recovery is to be deferred, such as in the case of an annuity, structured settlement or periodic payments, attorneys fees may, at the election of the attorneys, be computed on the present lump-sum value or payment plus, the present value, as of the time of settlement, arbitration, mediation, judgment or other case resolution, of the payments to be received thereafter. The same interest rates used by client's attorneys or economist in making the settlement, judgment or award will be used. The rates set forth herein are not set by law, but are negotiable between an attorney and client. General Personal Injury Matters (Adult Clients): If settlement or judgment is reached before filing a lawsuit, then attorneys' fees shall be of the gross recovery. If settlement or judgment is reached after filing a lawsuit and up to thirty (30) days before an arbitration or mediation date or, prior to the date of the first court hearing including but not limited to a Case Management Hearing, Status Conference, Evaluation Conference, Mandatory Settlement Conference, or Trial Setting Conference, whichever is earlier, then attorneys' fees shall be 35% of the gross recovery.
9 If settlement or judgment is reached after the times set forth above, then attorneys' fees shall be calculated at 40% of the gross recovery. ONLY Medical Malpractice Matters (All Clients- Set by Statute): Attorney fees are set by statute: If settlement or judgment is reached, our attorneys' fees shall be deducted from the gross amount as follows: 40% of the first $50, recovered by settlement, arbitration, mediation, judgment or otherwise; of the next %50, ; 25% of the next $500, ; and 15% of the excess over $600, This fee is identical to that provided for in California Business and Professions Code Section 6146. Said fees are subject to increase via attorney motions and court orders. 3. ONLY Minor Client Matters (Minors- Set by Statute): Attorney fees are set by statute: If settlement or judgment is reached while the client is a minor (under 18 years of age), attorneys' fees shall be deducted at the rate of 25% of the gross recovery but, are subject to reasonable increase via motion and court order.
10 Should the minor client reach legal age prior to a settlement or judgment being reached, it is agreed between the parties and their representatives that the minor shall be billed as an adult pursuant to the terms herein. 6. COSTS, LITIGATION, EXPERT FEES, AND EXPENSES: Costs and expenses are defined and include, but are not limited to, the following: All costs, expenses, disbursements and litigation expenses associated with this matter, including court filing fees, service of process charges, photocopy services, notary fees, computer-assisted legal research, long distance telephone charges, messenger and delivery fees, postage, in-office photocopying, facsimile charges, deposition costs, parking, mileage, investigation expenses, consultants' fees, expert witness related fees and expenses, trial preparation and related exhibit expenses, jury fees, reporter fees, actual trial related expenses and other similar items.