CONTINGENCY FEE RETAINER AGREEMENT & AUTHORITY TO REPRESENT
The undersigned (“Client”) hereby employs WEISSER, ELAZAR & KANTOR, PLLC (“Attorney” or “Firm”), to represent Client in claim(s) for contractual rights against Client’s insurance company for loss(es) to Client’s property:
This employment is on a contingent basis. If no recovery is made for, or on behalf of Client, the client shall not pay attorneys’ fees for any of the professional services rendered in reference to this matter by the Attorney. From the proceeds of any recovery, the Attorney shall be entitled to receive the following legal fees for the services set forth below:
If the Attorney resolves, settles, or obtains appraisal on a claim on behalf of the Client prior to the filing of a lawsuit, the Attorney is entitled to 10% of the insurance proceeds. The proceeds will be disbursed pursuant to a disbursement statement and/or a signed Closing Statement reflecting the amount awarded and the distribution of proceeds. THERE ARE NO UPFRONT FEES.
Client hereby authorizes Attorney to file suit against Client's insurance carrier or other responsible party should they deny, reject, or underpay Client's claim. If a settlement includes an amount for attorney's fees, attorney shall be entitled to receive all of its expended and/or negotiated fees. If the payment of attorney's fees is required to be determined by the Court, or if settlement is achieved via negotiations with the responsible party, attorney shall be entitled to receive all of such attorney's fees, including any and all contingency risk factor multipliers awarded by the Court. In all cases whether there is a recovery of court awarded fees or not, by contract or statute, the fee shall be thirty-three percent (33%) or the awarded amount, whichever is greater. Pursuant to 627.428, 626.9373, and 627.70152, Florida Statutes, the Insurance Company may be responsible for payment of Client's attorney's fees and costs when and if, the Client prevails against the Insurance Company. Client acknowledges that the Attorney rate is $400.00/hour and paralegal rate is $125.00/hour. NO RECOVERY, NO FEE.
In addition to the legal fees, Attorney is entitled to receive all court costs and expenses incurred, and will seek recovery of same from Client’s opponents by settlement or court award pursuant to Florida Statutes. Attorney shall advance costs on the clients behalf at its sole discretion. These expenses or costs may include experts necessary to act or testify on Client’s behalf in order to resolve the claim. Client shall not be responsible for the payment of any expenses or costs. If a recovery is made on the Client’s behalf via a global settlement which is inclusive of all attorney’s fees and cost, then the expenses or costs shall be deducted from the global settlement. In the event a separate award or settlement of the attorney’s fees and court costs is made, the expenses and court costs shall be deducted directly from that separate amount. Client acknowledges that it may be necessary to hire an estimator, loss consultant, contractor, engineer, expert(s), or other to properly process the claim, appraisal, or litigation process. Client acknowledges that payment for such services, shall be made from recovery of attorney’s fees and costs only to the extent there is a settlement and/or judgment in Client’s favor. In no event will Client be responsible for any out of pocket expenses. Client acknowledges that Attorney shall engage, at Attorney’s sole discretion, professionals to render services on behalf of Client, who will be paid based on their reasonable hourly fee. Finally, if the client has retained a public adjuster directly to represent Client on the loss, Client understands and acknowledges that the public adjuster must be paid out of any insurance benefits recovered pursuant to the contract betweenClient and their public adjuster, and authorizes and directs Attorney to do so.
Client agrees to cooperate with the Attorney's requests, to be available to the Attorney at reasonable times and places, and to keep Attorney fully advised as to current address and telephone number. It is agreed that Client further understands that these cases take many months to analyze, gather information and study. For these reasons, the Client recognizes the right of said law office to withdraw from the case and return copies of the file to the undersigned client at said law office's discretion, whenever the law office is of the opinion that the chances for success do not justify going forward.
Client represents that before signing this contract they have received and read The Statement of Client's Rights. Client affirms that they understand their rights set forth therein. Client affirms they have signed The Statement of Client's Rights and have received a copy. This contract may be canceled by written notification to the Attorney within 3 business days of signing by Client. If cancelled, Client shall not be obligated to pay any fees to Attorney for any/all work performed during that time. If Attorney has advanced funds to others in representation of the Client, Attorney is entitled to be reimbursed for all amounts advanced on behalf of Client.
In the event that this contract is terminated by the client without legal cause before the agreement to settle with the insurance company is made, the Client agrees to compensate the attorney quantum meruit for all past legal services performed prior to termination. The payment will be made out of the settlement proceeds and will not be owed if no insurance proceeds are paid.
Client authorizes the Attorney, on his/her/their/its behalf, to execute any and all documents, including pleadings, stipulations and agreements, and to retain in their name, the services of any and all accountants, expert witnesses, appraisers, contractors and investigators whom in its discretion are deemed necessary to prepare for the prosecution of the action described above. Client further authorizes attorney to pay out of the proceeds of recovery all unpaid costs and liens. Client authorizes attorney to endorse Client's signatures on any settlement check and to deposit check into Attorney's trust account.
Client understands and consents that if there is an outstanding mortgage on the subject property, the Mortgagee has a right to be a co-payee on all insurance checks for real property damages. Client will be solely responsible to obtain the Mortgagee's endorsement of such checks. The Client agrees that whether there are mortgage obligations or not, Client is held 100% responsible for WEISSER, ELAZAR & KANTOR, PLLC, entire fee and costs along with any other fee(s) incurred throughout your claim resolution. If Client’s claim is a monitored claim, the entire fee of WEISSER, ELAZAR & KANTOR, PLLC will be deducted from the first disbursement.
This agreement contains the entire understanding between Client and Attorney and there are no other agreements, promises or undertakings between them except as set forth herein. Client acknowledges having received a copy of this Contingent Fee Retainer Agreement. If at any time Client owes outstanding attorney's fees or costs to the Attorney, and the Attorney must resort to its legal remedies to collect such fees and costs, then Client agrees that the prevailing party in any such action shall be entitled to recover from the non-prevailing party reasonable attorney's fees and costs incurred in such litigation, including as to any appeal thereof. In such event, Client agrees that said action shall be brought in the courts of Broward County, where jurisdiction will lie, exclusively. THE UNDERSIGNED CLIENT HAS, BEFORE SIGNING THIS CONTRACT, RECEIVED AND READ THIS STATEMENT OF CLIENT’S RIGHTS, AND UNDERSTANDS EACH OF THE RIGHTS SET FORTH THEREIN. THE UNDERSIGNED CLIENT HAS SIGNED THE STATEMENT AND RECEIVED A SIGNED COPY TO KEEP TO REFER TO WHILE BEING REPRESENTED BY THE UNDERSIGNED ATTORNEY.
Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
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Signed by WEK LAW
Signed On: October 17, 2022
If you have questions about the contents of this document, you can email the document owner.
Document Name: CONTINGENCY FEE RETAINER AGREEMENT & AUTHORITY TO REPRESENT
Agree & Sign