LEGAL SERVICES AGREEMENT
1. IDENTIFICATION OF PARTIES. This agreement, executed in
duplicate with each party receiving an executed original, is made
between JEAN R. ROGERS, hereafter referred to as "Attorney," and
MARIA GONZALES, hereafter referred to as "Client."
This agreement is required by Business and Professions Code
section 6147 and is intended to fulfill the requirements of that
section.
2. LEGAL SERVICES TO BE PROVIDED. The legal services to be
provided by Attorney to Client are as follows: Representation of
Client with respect to her claim for damages for personal
injuries arising out of the automobile accident of September 15,
1992.
3. LEGAL SERVICES SPECIFICALLY EXCLUDED. Legal services
that are not to be provided by Attorney under this agreement
specifically include, but are not limited 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 in which Client is an appellant from a court
judgment on Client's personal injury claim (i.e., Attorney's
obligation to represent Client under this agreement extends to an
appeal only if Client is a respondent).
If Client wishes that Attorney provide any legal services not to
be provided under this agreement, a separate written agreement
between Attorney and Client will be required.
4. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Attorney will
perform the legal services called for under this agreement, keep
Client informed of progress and developments, and respond
promptly to Client's inquiries and communications. Client will be
truthful and cooperative with Attorney and keep Attorney
reasonably informed of developments and of Client's address,
telephone number, and whereabouts.
5. ATTORNEY'S FEES. The amount Attorney will receive for
attorney's fees for the legal services to be provided under this
agreement will be:
(a) _ _ percent of the net recovery if the recovery is
obtained before the filing of a lawsuit;
(b) _ _ percent of the net recovery if the recovery is
obtained after the filing of a lawsuit but before the arbitration
hearing, settlement conference, or trial, whichever occurs first;
(c) _ _ percent of the net recovery if the recovery is
obtained at or after the arbitration hearing, settlement
conference, or trial, whichever occurs first, but before the
filing of Client's brief in an appeal from a court judgment; and
(d) _ _ percent of the net recovery if the recovery is
obtained after the filing of Client's brief in an appeal from a
court judgment.
"Net recovery" 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 "costs," as
defined in Paragraph 7 of 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, a structured
settlement, or periodic payments), the "total amount received,"
for purposes of calculating the attorney's fees, will be the
initial lump-sum payment plus the present value, as of the time
of the settlement, final arbitration award, or final judgment, of
the payments to be received thereafter. The attorney's fees will
be paid out of the initial lump-sum payment. If the payment is
insufficient to pay the attorney's fees in full, the balance will
be paid from subsequent payments of the recovery before any
distribution to Client.
Client is informed that this Attorney's fee is not set by
law but rather is negotiable between the Attorney and the Client.
If there is no net recovery, Attorney will receive no
attorney's fees.
6. DIVISION OF ATTORNEY'S FEES. Attorney will divide the
attorney's fees received for the legal services provided under
this agreement with Margaret Andover. The terms of the division
are as follows: Attorney will pay to Margaret Andover one third
of all attorney's fees received. Client is informed that, under
the Rules of Professional Conduct of the State Bar of California,
such a division may be made only with the Client's written
consent after a full disclosure to the Client in writing that a
division of fees will be made and of the terms of such division.
Client hereby expressly consents to the division.
7. COSTS. Attorney will advance all "costs" in connection
with Attorney's 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 bear
the loss. Costs include, but are not limited to, court filing
fees, deposition costs, expert fees and expenses, investigation
costs, long-distance telephone charges, messenger service fees,
photocopying expenses, and process server fees. Items that are
not to be considered costs, and that must be paid by Client
without being either advanced or contributed to by Attorney,
include, but are not limited to, Client's medical expenses and
other parties' costs, if any, that Client is ultimately required
to pay.
8. REPRESENTATION OF ADVERSE INTERESTS. Client is informed
that the Rules of Professional Conduct of the State Bar of
California require the Client's informed written consent before
an Attorney may begin or continue to represent the Client when
the attorney has or had a relationship with another party
interested in the subject matter of the Attorney's proposed
representation of the client. Attorney is not aware of any
relationship with any other party interested in the subject
matter of Attorney's services for Client under this agreement. As
long as Attorney's services for Client continue under this
agreement, Attorney will not agree to provide legal services for
any such party without Client's prior written consent.
9. SETTLEMENT. Attorney will not settle Client's claim
without the approval of Client, who will have the absolute right
to accept or reject any settlement. Attorney will notify Client
promptly of the terms of any settlement offer received by
Attorney.
10. ATTORNEY'S LIEN. Attorney will have a lien for
Attorney's fees and costs advanced on all claims and causes of
action that are the subject of her representation of Client under
this agreement and on all proceeds of any recovery obtained
(whether by settlement, arbitration award, or court judgment).
11. DISCHARGE OF ATTORNEY. Client may discharge Attorney at
any time by written notice effective when received by Attorney.
Unless specifically agreed by Attorney and Client, Attorney will
provide no further services and advance no further costs on
Client's behalf after receipt of the notice. If Attorney is
Client's attorney of record in any proceeding, Client will
execute and 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 attorney's fee for all services provided and to
reimburse Attorney out of the recovery for all costs advanced. If
there is no recovery, or the recovery is insufficient to
reimburse Attorney in full for costs advanced, Attorney will bear
the loss.
12. WITHDRAWAL OF ATTORNEY. Attorney may withdraw at any
time as permitted under the Rules of Professional Conduct of the
State Bar of California. The circumstances under which the Rules
permit such withdrawal include, but are not limited to, the
following: (a) The client consents, and (b) the client's conduct
renders it unreasonably difficult for the attorney to carry out
the employment effectively. Notwithstanding Attorney's
withdrawal, Client will be obligated to pay Attorney out of the
recovery a reasonable attorney's fee for all services provided,
and to reimburse Attorney out of the recovery for all costs
advanced, before the withdrawal. If there is no recovery, or the
recovery is insufficient to reimburse Attorney in full for costs
advanced, Attorney will bear the loss.
13. RELEASE OF CLIENT'S PAPERS AND PROPERTY. At the
termination of services under this agreement, Attorney will
release promptly to Client on request all of Client's papers and
property. "Client's papers and property" include correspondence,
deposition transcripts, exhibits, experts' reports, legal
documents, physical evidence, and other items reasonably
necessary to Client's representation, whether Client has paid for
them or not.
14. DISCLAIMER OF GUARANTY. Although 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 the
outcome and that any opinion offered by Attorney in the future
will not constitute a guaranty.
15. ENTIRE AGREEMENT. This agreement contains the entire
agreement of the parties. No other agreement, statement, or
promise made on or before the effective date of this agreement
will be binding on the parties.
16. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any
provision of this agreement is held in whole or in part to be
unenforceable for any reason, the remainder of that provision and
of the entire agreement will be severable and remain in effect.
17. MODIFICATION BY SUBSEQUENT AGREEMENT. This agreement may
be modified by subsequent agreement of the parties only by an
instrument in writing signed by both of them or an oral agreement
to the extent that the parties carry it out.
18. ARBITRATION OF FEE DISPUTE. If a dispute arises between
Attorney and Client regarding attorney's fees under this
agreement and Attorney files suit in any court other than small
claims court, Client will have the right to stay that suit by
timely electing to arbitrate the dispute under Business and
Professions Code sections 6200-6206, in which event Attorney must
submit the matter to such arbitration.
19. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT. The
prevailing party in any action or proceeding to enforce any
provision of this agreement will be awarded reasonable attorney's
fees and costs incurred in that action or proceeding or in
efforts to negotiate the matter.
20. EFFECTIVE DATE OF AGREEMENT. The effective date of this
agreement will be the date when, having been executed by Client,
one copy of the agreement is received by Attorney, provided the
copy is received on or before February 1, 1993, or Attorney
accepts late receipt.
The foregoing is agreed to by:
Date: _ _ _ _ _ _
Client
Date: _ _ _ _ _ _
Attorney
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Legal Forms : Set Two