The above mentioned and hereinafter referred to as 'Client', and Stanley and Associates PLLC, sometimes hereinafter referred to as 'Firm', hereby enter into the following contract regarding the Firm's representation of the Client. Client agrees to pay the Firm as set forth on the final page of this Contract. Client understands that if an hourly fee is applicable, it will be charged with a minimum of fifteen (15) minutes for each item of work performed. Unless otherwise set forth in this Contract, Client understands Client will be charged for all time spent by the Firm working on this case. Time spent working on this case include, but is not limited to, talking with the Client, talking with opposing attorney, talking with witnesses, dictating letters and other documents, time spent talking on the telephone or in person pertaining to Client's case, and time spent on preparation for hearings or trials. Client understands that much of the communication between Firm and Client will take place via email or other writing.
ATTORNEY FEES & EXPENSES
Client understands that Client will be responsible for paying the attorney's fees and expenses and if Client for any reason fails to do so, the Firm may withdraw as Client's attorney, cease working on Client's behalf, and will have no further responsibility to work on Client's case. In all cases and regardless of the fee structure, Client agrees to be responsible for and pay all expenses, such as telephone expenses, depositions expenses, expert witnesses, special mailing expenses, photocopying, court costs, travel expenses, filing fees, services fees, etc. Client agrees that no part of the attorney fees charged by the firm may be used to pay for such expenses and costs. These expenses are not covered by the administrative fee or courier/postage fee below. Clients who elect to pay by credit or debit card agree that a transaction fee of up to 5% will be added to each payment. Clients who elect to pay by credit or debit card further agree that the Firm may charge their card for payment of attorney's fees as they become due, as the retainer becomes depleted, or in the case of Clients who are charged according to a flat fee schedule, as each it becomes clear, in the opinion of the Firm, that a particular action or phase of the litigation/matter will or is likely to become necessary.
Client realizes that Client is primarily responsible for the payment of Firm's attorney's fees and expenses. In the event a court should award attorney's fees, the amount awarded by the court does not limit the amount Client owes Firm. Further, in the event a court awards attorney's fees, the difference between the amount awarded and received and the amount of Client's actual attorney's fees incurred shall be paid by Client. The scope of this Employment Contract and the attorney's fees involved herein does not cover the collection of any judgment for attorney's fees awarded by a court. If an hourly fee is to be charged, Client agrees to deposit with Firm, in its trust account, such sums of money as requested to secure future services such as depositions, trials, document preparation, etc. which will take large amounts of time as well as large amounts of money to cover expenses as outlined above. Client understands that these funds will be taken directly from Client's trust account with accounting to Client. Regardless of fee structure, Client authorizes the Firm to file pleadings and negotiate for settlement, sign or endorse checks or drafts on Clients behalf, or do similar acts. Client assigns to Firm a lien against any and all sums of money coming into Client's hands to which Client is or may become entitled to the extent of all unpaid attorney's fees and expenses.
Client hereby grants to the Firm a general and durable power of attorney. This power of attorney is granted so that, among other things, the Firm may endorse and negotiate checks and sign releases in the Client's name and on the Client's behalf without the necessity of the Client personally signing such documents or instruments. Client appoints Firm as Client's attorney in fact to negotiate, cash, and give receipt for any amounts paid to Client by reason of Firm's representation of Client. Client understands that the Firm may associate, at its sole discretion, with attorneys outside the Firm, or employ attorneys outside the Firm to assist with Client's case. In the event that this occurs, Firm will share the fee Client has paid with such outside counsel. Client hereby agrees to this arrangement in advance. The Firm will, in all cases assign all of the Client's case to an associate or “Of Counsel” attorney within the Firm. Additionally, certain tasks may be delegated by the Firm to paralegals, law clerks, or other staff members. Client understands that Client must pay these fees whether or not the Firm is able to resolve Client's problem to Client's satisfaction. THE FIRM HAS MADE NO GUARANTEES TO CLIENT AS TO THE OUTCOME OF THE CASE.
CLIENT TRUST ACCOUNT
Client and the Firm agree that if Firm receives any funds that belong to Client, or Client tenders to Firm funds that constitute unearned legal fees or unrealized expenses, (unearned legal expenses are only determined as such when Client is charged on an hourly rate for actual time spent on Client's case, and does not apply in a flat fee arrangement). Client agrees that the Firm may issue Letters of Protection on behalf of the Client to medical providers so that Client may receive treatment at no or a reduced up front cost. Client agrees in advance that the Firm may pay Client's fund out of the IOLTA to Client's medical providers who have been issued Letters of Protection. Firm will disperse any other funds, other than those owed to the Firm, at the Client's direction, subject to Firm's ability to do so and within the limits of the law. Client understands and agrees that Firm will withdraw such funds as the Firm as any legal fees. Client also agrees to allow the Firm to withdraw any moneys owed to the Firm for expenses.
NATURE OF REPRESENTATION
Client specifically agrees, unless otherwise set out herein, or in writing at a later date, that this representation is limited to the following matter(s):
PERSONAL INJURY CASE
Specifically, this representation provides for pre-trial services and negotiations, and may include a trial on the merits of this case, if necessary, for an additional fee. Unless otherwise noted, discovery, mediation, and depositions are not included for the quoted fee if a flat fee is being charged. This representation does not include an appeal to any higher court, or for any subsequent proceedings for enforcement of any judgment. In the event any such subsequent proceeding is necessary, new fee arrangements must be made and a new contract must be signed.
Client understands that in order to protect Client's rights and interests, it is critically important that Client keep the Firm fully informed of all the facts, and that the Client's absolute truthfulness is essential to the Firm providing effective representation. In the event the Firm discovers the Client has not been truthful to the Firm or in testimony under oath or in a response to discovery, the Firm may withdraw as Client's attorney.
Client fully understands and agrees that the Firm may withdraw from representation in the event Client:
- Insists upon presenting a claim or defense not warranted under existing law and which cannot be supported by a good faith argument for extension or reversal of such law.
- Personally seeks to pursue an illegal course of conduct.
- Requests that the Firm pursue a course of conduct which is illegal or prohibited under the disciplinary rules.
- By other conduct renders it unreasonably difficult for the Firm to carry out employment or makes unreasonable demands upon the Firm
- Renders effective communication with the Firm impossible or unreasonably difficult, or uses abusive, threatening or vulgar language with any member, employee or subcontractor of the Firm, or after being asked to leave the Firm's offices, refuses to do so.
- Insists upon the Firm engaging in conduct which is contrary to the judgment or advice of the attorneys.
- Disregards an agreement with Firm as to fees and services, costs or expenses rendered.
- Does not comply with the terms of this Employment Contract.
- Insists upon not allowing the Firm to pay a medical provider per the terms of Letters of Protection.
CONCLUSION OF CASE
Upon the conclusion of your case the originals and copies of the originals of documents that have been delivered to us during your case must be picked up within 30 days after the conclusion of this proceeding. If these documents are not picked up, this Firm reserves the right to dispose of those documents, along with the Client's entire file, including any physical evidence. Client agrees that the Firm may dispose of any documents not picked up after 30 days with no obligation to retain a physical or electronic copy in any way; further Client waives any obligation that Firm may have to retain any of Client's documents, property, pictures, evidence or file and shall not hold Client responsible for failing to retain the same.
Confidential conversations between an attorney and Client are protected by law and by the disciplinary rules to which attorneys are subject. The reason for this confidentiality protection is that the experience of many hundreds of years has proved that the interests of the Client are best served when the Client's attorneys are fully informed of all facts well in advance of any possible contest. Your candor will assist the Firm tremendously in representing you; it is doubly protected by law and the disciplinary rules and is very much encouraged. You can rely on us to be candid with you as well.
However, some communications between the attorney and Client are not confidential. No attorney can be compelled to reveal any confidential communication, except in accordance with Texas Family Code section 261.101 regarding child abuse, which states that if a professional (which includes your attorney and employees of your attorney) has cause to believe that a child has been abused or neglected or may be abused or neglected or that a child is a victim of an offense under Texas Penal Code section 21.11, the professional shall make a report not later than forty-eighth hour after the hour the professional suspects the child has been or may be abused or neglected or is a victim of an offense under Texas Penal Code section 21.11.
Contingency Fee: 37.5% PRESUIT; 40% IF SUIT IS FILED; 45% WITH TRIAL + $575 overhead charge, and all other expenses paid out or incurred.
No Recovery / No Fee: IF NO RECOVERY IS OBTAINED, NO FEE SHALL BE PAYABLE TO ATTORNEY BY CLIENT.
THE UNDERSIGNED HAS FULLY AND COMPLETELY READ THE FOREGOING CONTRACT, HAS HAD THE OPPORTUNITY TO CONSULT INDEPENDENT COUNSEL REGARDING THIS CONTRACT, HAS ABSOLUTELY NO QUESTIONS WHATSOEVER CONCERNING ANY OF ITS PROVISIONS, AND FULLY COMPLETELY AGREES TO EACH AND EVERY TERM AND PROVISION.
Client's signature is represented by clicking 'submit' on the terms and conditions page upon which this agreement is contained. A copy of the agreement is available after accepting the terms and conditions and contacting our office at 972-833-8000.