LEGAL REPRESENTATION AGREEMENT
I, ____________________________, hereinafter referred to as “Client”, retain the services of L. Clayton Burgess, A Professional Law Corporation, hereinafter referred to as “Counsel”, to represent me in the prosecution of my claim arising out of _______________________________ which occurred on or about ___________________________ , in _____________________, Louisiana, (hereinafter referred to as “Matter”).
If Counsel is successful in recovering damages, Counsel will receive a percentage of the gross amount, which is obtained for you. The percentage will vary with the stage at which recovery is made. If recovery is made:
- before filing of a lawsuit, the fee is 33 1/3% of any settlement and the costs and expenses of pursuing the claim as described below.
- after filing of a lawsuit, the fee is 40% of any settlement or judgment and the costs and expenses of pursuing the claim as described below.
- On appeal, the fee is 40% of any judgment and the costs and expenses of pursuing the claim as described below.
Attorney fees are computed on the total amount of the settlement, award, verdict or judgment before deducting costs and expenses, financial assistance, or any other disbursements. Further, if there is a structured settlement, the fees shall be calculated on the present value or cost of the settlement. In the event that the amount of attorney fees are limited by statute, the fees charged will not exceed those limitations.
I assign, transfer, and deliver to Counsel an undivided interest in the subject matter of my claim and/or in any suit or suits filed thereon by said Attorneys, said interest amounting to 33 1/3% prior to the filing of sit and 40% after the filing of suit or commencement of arbitration. My intent is to vest this firm with an interest in the subject matter of my claim and any suit or suits filed hereon by this firm as permitted by LSA – R.S. 37:218 and afford this firm all of the rights and protection granted by state statute.
In the event that outside counsel or experts are retained to resolve any claims for reimbursement or set aside made by Medicare and Medicaid, I understand that the fees and costs of outside counsel or experts must be paid by me n addition to the fees noted above.
Costs of Pursuing Your Claim
Counsel will, as its discretion, advance costs and expenses for my claim. I consent to and authorize Counsel to retain the services of any experts, doctors, investigators, etc. to work on my case and to incur expenses, which it believes, are reasonably incurred to prosecute my case.
What are Costs and Expenses
I have been informed of and consent to also paying costs and expenses directly related to my case, including the following: court costs; medical expenses; witness fees; deposition fees; transcript costs; expert fees; expenses of investigation; fees for production of digital graphic, photographic or electronic evidence; computer forensics; charges for serving and filing papers; mileage and travel fees; copying charges; long distance telephone expenses; transmittal of documents via FAX; postage charges; overnight delivery charges; outside courier or messenger services; notarial fees; recording and certifying documents; client’s promissory notes representing loans for living expenses; guarantees of same; and any other case specific expenses directly related to my case. I authorize the hiring of other persons and entities including, but not limited to, physicians; therapists; court reporters; accountants; expert witnesses; and other attorneys; and authorize Counsel, in its discretion, to direct such other persons and companies to render statements for services rendered and expenses advanced either directly to Client or Counsel, in which later event Client agrees to promptly reimburse Counsel for the full amount of such statements. I further authorize Counsel to conduct a third party claim search at a cost of approximately $60.00.
The costs and expenses noted above will be paid out of any settlement or judgment obtained on my behalf. The client is only responsible for any costs and expenses incurred by Counsel if there is a recovery in the case. All of the costs, expenses, and financial assistance shall be recoverable by said attorneys in addition to the attorney fees stated above. All of the costs and expenses identified above are to be deducted from any settlement or judgment after the contingent attorney fees is deducted from the gross recovery. Any court costs, expenses, and financial assistance, as well as the attorney fees earned by our office, shall be subject to a lien upon any amount recovered on your claim.
In addition, I hereby authorize Counsel at its discretion, to guarantee payment of my outstanding medical bills and other expenses out of the net proceeds of any settlement or judgment. All medical bills not paid out of the settlement remain my responsibility.
I understand that Medicare, Medicaid or private health insurance plans may require all parties involved in this matter to settle a healthcare provider’s separate claim for reimbursement/lien for past and future payments prior to distributing any verdict or settlement proceeds. I authorize hiring separate experts/case workers who assist with resolving any healthcare provider’s reimbursement claims or liens for past and/or future injury-related medical care and Medicare set a sides. The expense of any such service shall be treated as a case expense and deducted from our net recovery and shall not be paid out of the law firm’s contingent fee in this matter.
I have no objection, agree to, and hereby authorize Counsel to associate attorneys who are not members of the firm to handle my case if Counsel deems this necessary. However, if this happens, the total amount of attorney’s fees which I have agreed to pay will not increase and the attorneys will divide the attorney’s fees and will jointly assume responsibility for the case. I also understand that my case may be assigned to an associate attorney or contract attorney employed by Counsel, but not necessarily L. Clayton Burgess.
Settlement of Your Claim
Counsel and Client agree that neither may, without the consent of the other, settle, compromise, release, discontinue, dismiss or otherwise dispose of any suit or claim arising out of the matter referred to above. You understand that, from the proceeds, if any, coming into our possession by way of settlement of judgment, you authorize counsel to first deduct our attorney’s fees, and then all court costs, litigation expenses, and financial assistance advanced that have not been reimbursed, as well as outstanding expenses and medical bills. A written accounting will be provided to you listing incurred fees, court costs, litigation expenses, and financial assistance, and all known outstanding expenses and known outstanding medical bills.
Other Persons who May Have an Interest in the Case
I hereby bind my heirs, executors and legal representatives by this agreement. I certify that I had not filed a bankruptcy petition as of this date that the cause of action arose and I have not done so to date. If I do file a bankruptcy petition, I will immediately notify Counsel of this development. I agree to waive my Attorney-Client and/or Doctor-Patient privileges to the extent that my attorneys believe that it is necessary to disclose information about me or that I have given to them to other persons in order to prosecute my case, arrange for medical treatment for me, settle my case, or as allowed by law or regulation.
Withdrawal by Either Attorney or Client
The relationship established by this Agreement is subject to termination by either Client or Counsel as follows:
- 1. Counsel reserves the right to withdraw from this matter;
- a. If client fails to honor this Agreement, or
- b. For any just reason as permitted or required under the Code of Professional Responsibility as adopted by the Supreme Court of the State of Louisiana.
Notification of withdrawal shall be made in writing to Client and, in the event of such withdrawal, Client agrees to promptly pay Counsel for all services rendered together with all other fees, charges and expenses incurred prior to the date of such withdrawal.
- Client reserves the right to terminate Counsel’s representation for cause if Counsel fails to honor this Agreement. Notification of termination shall be made in writing to Counsel and in the event of such termination, Client agrees to promptly pay Counsel for all services rendered together with all fees, charges, medical expenses paid on behalf of the client, client’s amounts due on promissory notes, guarantees of same and expenses incurred prior to the date of such termination.
Either you or Counsel can withdraw from your case by giving reasonable written notice to the other. Any withdrawal by Counsel shall be consistent with the Louisiana Rules of Professional Conduct. In the event that you dismiss Counsel or Counsel withdraws, you hereby give Counsel a lien on your future recovery, if any, to secure payment of our costs and attorney fees incurred up until then. In the event that a settlement offer was obtained prior to withdrawal, Counsel’s attorney fee shall be the agreed percentage of the last settlement offer obtained by Counsel prior to dismissal or withdrawal.
Counsel agrees to use its best efforts in representing Client in this matter; however, Client acknowledges that Counsel has given no assurances regarding the outcome of this matter.
Client Has Read This Contract
I authorize Counsel to handle my claim for the loss, which occurred, on or about the date stated in the first paragraph of this agreement. I acknowledge that I have read and understand this Agreement. I agree to the terms of this contract and further agree that it constitutes the entire agreement between us. The provisions of this contract are severable. If one part is determined to be invalid, the rest of the contract remains in effect. This contract shall be interpreted according to the laws of the State of Louisiana. There are no other agreements, oral or written.
Rules of Professional Conduct Concerning Financial Assistance to Clients
I certify that Counsel has provided me with a copy of the Rules of Professional Conduct concerning financial assistance to clients (Addendum A).
|On behalf of L. Clayton Burgess, A P.L.C.|