"Contingency Fee Agreement Template" - Utah

Contingency Fee Agreement Template is a legal document that was released by the Utah Secretary of State - a government authority operating within Utah.

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Download "Contingency Fee Agreement Template" - Utah

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CONTINGENCY FEE AGREEMENT
IN THIS AGREEMENT, the undersigned, hereinafter designated as “Client(s),” does retain
__________________________________ , hereinafter designated as “Attorney/s,” to represent
him/her in a claim for damages arising from _______________________________________.
The terms of this Agreement are as follows:
1. Attorney shall be paid 33% of the total amount recovered, i.e., before payment of any
outstanding medical bills and/or expenses (accident report, in-house photocopying, faxes,
photographs and courier charges are included in the 33%). Once suit is filed or arbitration or
mediation is agreed upon, Attorney shall be entitled to 35% of the total amount recovered. If case
is appealed, Attorney shall be entitled to 37% of the total amount recovered.
2. If Client agrees to payment of settlement over a period of time, Attorney shall be entitled to
payment in full at time of settlement.
3. (a) In addition to the fees listed above, the Client is liable to Attorney at the conclusion of the
claim for all reasonable expenses. Expenses are defined as expenses of handling case and
include, but are not limited to: medical reports, records, court filing fees/costs, service fees,
expert witness fees, deposition costs and, arbitration/mediation fees, etc. Expenses are deducted
from Client’s portion of any settlement, verdict, or arbitration/mediation award, after deduction
of attorney fees provided for in paragraphs (1) and (4). Authority is given to Attorney to incur
expenses necessary to adequately pursue the claim. If no recovery is obtained, all
reimbursements for expenses will be waived. (b) Client is responsible for all medical bills he/she
incurs. Client agrees that medical bills outstanding at the time of settlement shall be deducted
from Client’s portion of the settlement and paid directly to the medical provider by Attorney for
Client.
4. If Attorney helps Client collect no-fault benefits (PIP), including medical, lost wages and/or
loss of household services benefits, Attorney shall be entitled to one-third of such amounts
collected. A contingent fee will not be charged for the routine filing and recovery of undisputed
PIP benefits. However, if PIP benefits are disputed or remain unpaid after a reasonable period of
time and Client desires Attorney to help collect them, Attorney shall help collect PIP benefits
and shall charge a one-third contingent fee for collecting same.
5. If other Attorneys are retained, all counsel shall share the attorney fee based on the amount of
time (a good faith estimate of Attorney’s time shall be adequate), risk, expenses and contribution
to results of the case. Attorney shall have the right to retain or associate other attorneys as
Attorney deems appropriate.
6. To protect the Attorney’s rights to be paid, Attorney shall have a right to any proceeds
generated as a result of his representation of Client. This agreement gives Attorney a lien upon
Client’s claim(s), cause of action or counter claim.
7. (a) If this case goes to trial and Client is not happy with the result, Attorney is not obligated to
represent Client in any appeal. (b) If Client and Attorney disagree on anything in this Agreement,
CONTINGENCY FEE AGREEMENT
IN THIS AGREEMENT, the undersigned, hereinafter designated as “Client(s),” does retain
__________________________________ , hereinafter designated as “Attorney/s,” to represent
him/her in a claim for damages arising from _______________________________________.
The terms of this Agreement are as follows:
1. Attorney shall be paid 33% of the total amount recovered, i.e., before payment of any
outstanding medical bills and/or expenses (accident report, in-house photocopying, faxes,
photographs and courier charges are included in the 33%). Once suit is filed or arbitration or
mediation is agreed upon, Attorney shall be entitled to 35% of the total amount recovered. If case
is appealed, Attorney shall be entitled to 37% of the total amount recovered.
2. If Client agrees to payment of settlement over a period of time, Attorney shall be entitled to
payment in full at time of settlement.
3. (a) In addition to the fees listed above, the Client is liable to Attorney at the conclusion of the
claim for all reasonable expenses. Expenses are defined as expenses of handling case and
include, but are not limited to: medical reports, records, court filing fees/costs, service fees,
expert witness fees, deposition costs and, arbitration/mediation fees, etc. Expenses are deducted
from Client’s portion of any settlement, verdict, or arbitration/mediation award, after deduction
of attorney fees provided for in paragraphs (1) and (4). Authority is given to Attorney to incur
expenses necessary to adequately pursue the claim. If no recovery is obtained, all
reimbursements for expenses will be waived. (b) Client is responsible for all medical bills he/she
incurs. Client agrees that medical bills outstanding at the time of settlement shall be deducted
from Client’s portion of the settlement and paid directly to the medical provider by Attorney for
Client.
4. If Attorney helps Client collect no-fault benefits (PIP), including medical, lost wages and/or
loss of household services benefits, Attorney shall be entitled to one-third of such amounts
collected. A contingent fee will not be charged for the routine filing and recovery of undisputed
PIP benefits. However, if PIP benefits are disputed or remain unpaid after a reasonable period of
time and Client desires Attorney to help collect them, Attorney shall help collect PIP benefits
and shall charge a one-third contingent fee for collecting same.
5. If other Attorneys are retained, all counsel shall share the attorney fee based on the amount of
time (a good faith estimate of Attorney’s time shall be adequate), risk, expenses and contribution
to results of the case. Attorney shall have the right to retain or associate other attorneys as
Attorney deems appropriate.
6. To protect the Attorney’s rights to be paid, Attorney shall have a right to any proceeds
generated as a result of his representation of Client. This agreement gives Attorney a lien upon
Client’s claim(s), cause of action or counter claim.
7. (a) If this case goes to trial and Client is not happy with the result, Attorney is not obligated to
represent Client in any appeal. (b) If Client and Attorney disagree on anything in this Agreement,
the dispute shall be resolved by the Utah State Bar. (c) Client agrees that Attorney has made no
specific promises or guarantees regarding the outcome of Client’s claim.
8. Client agrees to fully and promptly cooperate with Attorney and his/her staff in any matter
related to this representation.
9. Client agrees to be honest and truthful with Attorney and his/her staff and not withhold any
information.
10. RIGHT TO WITHDRAW – Attorney may withdraw from Client’s representation, and Client
shall consent to said withdrawal if, at any time, Client: (a) Insists upon presenting a claim or
defense that is not warranted under existing law and cannot be supported by a good faith
argument; (b) The case is deemed by Attorney to be fruitless or economically inadvisable. In the
event of withdrawal for this reason, Client shall not be liable to reimburse Attorney for any time
expended on the claim; (c) Deliberately disregards an agreement or obligation; (d) Fails to be
fully and promptly cooperate with the Attorney and his/her staff in any matter related to this
representation; (e) Fails to be truthful or withholds information from Attorney or his/her staff;
or (f) Fails to accept and follow Attorney’s sound legal advice.
11. Client understands Attorney will investigate Client’s claim, and if, after so investigating, the
claim does not appear to have merit, then Attorney will have the right to cancel this Agreement.
If the Client terminates this agreement for any reason, other than Attorney’s negligence or
inability to act, the Client agrees to pay the Attorney for services rendered in the amount of a
reasonable and equitable portion of the fees as described above on a pro-rata basis and all
reasonable expenses incurred.
12. Attorney is given power of attorney to execute all complaints, claims, contracts, checks,
settlements, drafts, releases, compromises, releases, verifications, dismissals, deposits, affidavits,
and orders as could the Client.
13. Client authorizes Attorney to use his best judgment in negotiating, including selecting
demand and counter offer amounts.
14. The contract embodies the entire agreement of the parties hereto with respect to the matters
herein contained and it is agreed that the terms, conditions, and stipulations hereof shall not be
modified or revoked unless by written agreement by both parties and attached hereto and made
part hereof.
15. I don’t object to sharing responsibility for the legal representation on this case nor do I object
to his/her sharing of the attorney fee provided it doesn’t cost me anything extra.
I have read the foregoing Agreement, understand it, and agree to be bound by it.
Date______________ Client Signature_____________________
Date______________ Attorney Signature__________________
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