AGREEMENT FOR LEGAL SERVICES
In consideration of the legal services to be rendered, the undersigned (“you” or the “Client”) retains Johnson Firm, PLLC (“we” or the “Attorneys”), to represent, prosecute, file, and maintain such legal actions, as the Attorneys deem advisable with respect to Client’s claims.
The Attorneys accept said employment and are authorized to affect a compromise, subject to Client’s approval, or to institute such legal action as may be advisable in Attorneys’ judgment in order to enforce client’s rights.
It is further understood and agreed as follows:
Attorneys for the Client, the Client will not owe the Attorneys any money for attorney’s fees or expenses.
ATTORNEY’S FEES AND COSTS: The Attorneys’ fee shall be forty percent (40%) of the total recovery. The fee percentage shall be applied to the gross amount of any recovery, before deduction of costs and expenses. The fee will be divided between the attorneys.
Litigation costs and expenses advanced by the Attorneys include investigation and experts’ fees, copying expenses, court costs, deposition fees, travel expenses, and all other fees and expenses incidental to the preparation and presentation of client’s case for trial or settlement, as well as interest incurred on any and all funds borrowed by the Attorneys to advance expenses. These costs and expenses shall be repaid to the Attorneys from the Client’s portion of the recovery. If no recovery is obtained, no fee will be charged to the Client and no expenses will be repaid to the Attorneys.
It is anticipated that some costs and expenses shall be incurred in connection with the prosecution of other similar cases premised upon similar claims. To the extent allowable under the law, the Client’s portion of any such costs and expenses shall be allocated on a pro-rated basis, giving the Client the benefit of “efficiency of scale” and allowing the Client to share in such litigation costs and expenses with other clients with similar claims.
ASSOCIATION OF OTHER ATTORNEYS AND THIRD PARTIES BY THE ATTORNEYS: Other attorneys may be employed at the discretion and expense of the Attorneys after disclosure to the client. Both the Attorneys and any associated counsel will assume joint responsibility for the representation of the Client during the pendency of any litigation. The employment of associated counsel will not increase the contingency fee payable by the Client in the event of a recovery. Additionally, the Attorneys may delegate certain administrative tasks incidental to the preparation and presentation of client’s case for trial or settlement to third parties. Any such work performed by third parties will be under the supervision of the Attorneys and in accordance with any applicable rules of professional conduct.
NO REPRESENTATION AS TO LIKELIHOOD OF RECOVERY: Nothing in this Agreement, nor any actions taken, evaluations given, or statements made by the Attorneys, shall be construed as a representation or guarantee by the Attorneys regarding the prospects for recovery or the outcome of any litigation that may be instituted.
LIMITATION OF REPRESENTATION: With respect to the scope of the Attorneys’ representation of Client, it is agreed as follows:
STATUTE OF LIMITATIONS WAIVER: Client’s claims must be brought within a limited time period, called a Statute of Limitations, or Client’s legal rights can be lost or barred forever. The Attorneys require adequate time to investigate Client’s claims. Prompt return of this Agreement is very important. Client understands, agrees, and consents that the Attorneys shall not be required to pursue the Client’s claims, file a lawsuit or to take any action to comply with any Statute of Limitations, if such limitations period expires within 90 days of the date this signed Agreement is received by the Attorneys.
GOVERNING LAW: This Agreement is being entered into pursuant to the rules and laws of the state of Arkansas; however, the Client understands that the case may be brought in another state. In such event, the Client agrees to be bound by the laws of Arkansas relating to contingency fee agreements. If the law of the state in which suit is brought requires application of that state’s law, this Agreement will be modified to conform to the law of that state. In no event shall the Client be charged more than what is set forth in this Agreement.
HEALTHCARE PROVIDER REIMBURSEMENT: The Client understands that current law and regulations regarding Medicare, Medicaid, or private health insurance plans (the “Healthcare Providers”) may require all parties involved in this matter (client, law firm defendant, and any insurance companies) to compromise, settle, or execute a release of Healthcare Providers’ separate claim for reimbursement/lien for past and future payments prior to distributing any verdict or settlement proceeds. Client agrees that the Attorneys may take all steps in this matter deemed advisable for the handling of Client’s claim, including hiring separate experts/case workers to assist with resolving any Healthcare Providers’ reimbursement claims or liens for past and/or future injury-related medical care. The expense of any such service shall be treated as a case expense and deducted from Client’s net recovery and shall not be paid out of the Attorney’s contingent fee in this matter.
NO LAWSUIT LOANS: The Client agrees to not seek to obtain a loan or cash advance from a legal funding or lawsuit cash advance firm. The undersigned acknowledges and understands that the Attorneys will not provide any information about the case to a legal funding or lawsuit cash advance firm and will not respond to inquiries from such firms.
ELECTRONIC DATA COMMUNICATION AND STORAGE: In the interest of facilitating our services to you, we may communicate with you or others by email, facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to your case may be transmitted or stored using these methods. In using these data communication and storage methods, the Attorneys make reasonable efforts to keep such communications and data access secure in accordance with their obligations under applicable laws and professional standards. The Client recognizes and accepts that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.
TERMINATION OF REPRESENTATION: This Agreement may be terminated by Client with or without cause at any time; provided, in the event of such termination, the Attorneys, as well as any other counsel associated by the Attorneys in accordance with the terms of this Agreement, shall be entitled to assert all liens for fees and expenses, including attorneys’ liens, permitted by law or equity. This Agreement may be terminated by the Attorneys by consent of the parties, or if the Attorneys determine that the prosecution of Client’s claim is not feasible, worthwhile or meritorious, or upon such terms and under such circumstances as are recognized or required under applicable law, including any applicable rules of professional conduct.
WHEN LEGAL REPRESENTATION BEGINS: Client agrees that the legal representation of the Attorneys begins only after Client signs and returns this Agreement, and the Attorneys have signed and accepted the case. The Attorneys will not take any action on the Client’s behalf until after the representation begins.
Signed on this day,
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Signed by Anthony Johnson
Signed On: June 19, 2018
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Document Name: AGREEMENT FOR LEGAL SERVICES
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