Civil Rights Retainer Agreement Customization
Instructions
First, Find and Replace as follows:
|
Find |
Replace with |
|
AAAA |
Name of Client |
|
BBBB |
Name of a Principle Defendant |
|
CCCC |
Amount of Advance against Expenses ("None" is okay) |
|
DDDD |
Amount of Win-or-lose Retainer ("None" is okay) |
Second, delete one of the alternative provisions in Scope of Representation.
Third, delete any unnecessary paragraphs in Section 5, (concerning the Client’s financial obligations before the case is concluded).
Fourth, print the agreement and discard this page.
RETAINER AGREEMENT
of
AAAA
and
The Jeff
Scott Olson Law Firm, S. C.
I. INTRODUCTION
AAAA ("the client"), by signing this
agreement, retains the Jeff Scott Olson Law Firm, S. C., ("the attorneys"), to advise and
represent the client in the client's case ("the case") against BBBB
and any other persons who may be liable for the client's injuries and feasibly
proceeded against ("the defendant").
By signing this agreement the client and the attorneys agree to the
following terms:
II. THE
ATTORNEYS' DUTIES
The
attorneys will advise and represent the client in the case. This obligation extends only through the evaluation of the feasibility of
litigation / issuance of an initial determination by the
III.
THE CLIENT'S DUTIES AND
LIABILITIES
A. The client agrees to provide all
information and papers requested by the attorneys and to cooperate fully
in any proceedings related to the case, including but not limited to
attending scheduled meetings and hearings, answering interrogatories, appearing
for depositions, and participating in judicial or other proceedings as may
arise from time to time in the case. The
client also agrees not to misrepresent or conceal any facts when
communicating with the attorneys. The
client agrees not to communicate with the court or administrative
tribunal, with other parties to the case, or with the news media, without
the attorneys' consent.
B. The client understands that if the
defendant prevails in the case, the defendant may recover certain of its costs
of litigation from the client.
C. If the defendant prevails and also
demonstrates that the action was frivolous, unreasonable, groundless, or
litigated in bad faith merely to harass or oppress the defendant, he or she may
also recover his or her attorneys' fees from the client. The attorneys and the client hereby agree
that in their best judgment the case is meritorious; it is not frivolous,
unreasonable, groundless, nor is it the purpose of the client or the attorneys
to vex, harass, or oppress the defendant.
IV. TERMINATION
OF REPRESENTATION
A. The Attorneys' Right to Withdraw
The
attorneys may withdraw from representing the client if:
1. The client violates any of the duties
in Section III (the previous section);
2. The client indicates an intention to
give false testimony, or is found to have misrepresented or concealed
facts;
3. The client directs the attorneys to
file any paper, or insists on advancing any claim or defense that the attorneys
reasonably believe might subject them to sanctions;
4. The client fails to honor the financial
obligations set forth in this agreement;
5. The attorneys are required or
authorized by law to withdraw from the client's case; or
6. The client makes an economically
unreasonable decision to reject a prospective settlement of the
case.
The
client and the attorneys are agreed at the outset that should it become
possible to settle the case on reasonable terms, this course should be
taken. They also agree that the
reasonable settlement value of the case depends on the probability of winning
and on the amount of damages that will likely be awarded. The client understands that perfect justice
cannot be achieved in any legal system, that even cases that appear strong can
often be lost, and that sheer chance and the prejudices of judges and jurors
affect the outcomes of trials. In one
sense, the attorney-client relationship represents a partnership to achieve an
economic result, and the “partnership” created by this agreement
recognizes no economic value in rejecting a reasonable prospective settlement
in order to have its day in court.
If
the attorneys withdraw they will give the client reasonable advance notice in
writing of their intentions.
B. The
Client's Right to Discharge the Attorneys
The
client may discharge the attorneys, or direct the attorneys to discontinue the
case, at any time. If the
attorneys have appeared as counsel of record for the client in any court they
will promptly move for an order in accordance with the client's decision to
discharge them or discontinue the case.
C. Payments
Required Upon Termination
If
the attorneys withdraw or the client discharges the attorneys, and the client
then retains other counsel to handle the case the client will pay the attorneys
a pro rata share of any attorneys' fees paid out of any recovery at the
termination of the case (such that each lawyer will receive an equal percentage
-- whether equal to, greater than, or lesser than one hundred per cent -- of
the product of his or her actual hours and then-current regular hourly billing
rate).
V. PAYMENTS REQUIRED BEFORE THE CASE IS FINISHED
A. Advance
against out-of-pocket litigation expenses
1. The client will advance to the attorneys at the time this agreement is signed the
sum of CCCC to assist in defraying the out-of-pocket litigation expenses described below.
2. In addition, the client agrees to advance such additional funds from time to time as are requested by the
attorneys and are necessary to defray the out-of-pocket litigation expenses
described below. The attorneys may make
such requests either before or after the expenses which require such advances
are actually incurred, and the client agrees to honor any such request within
21 days.
3. If there is no recovery in the case
these advanced funds will be refunded
to the extent that they have not been required in the case. If there is a recovery, this advance will be
credited against the client's obligation to pay out-of-pocket expenses
described below.
B. "Win
or Lose" Retainer Fee
1. The client agrees to pay the attorneys
a retainer fee of DDDD at the time
this agreement is signed.
2. Because this agreement creates a duty
of loyalty on the part of the attorneys which may require them to decline other
work, and because it associates the attorney's reputation with the client's
cause, the client shall not be entitled
to a refund of this retainer fee in whole or in part, at any time after
substantial work has been done on the case, under any circumstances except as
provided below. If no recovery is secured
for the client, this payment will be the attorneys' only fee for all their
services. If a recovery is secured, this
payment will be credited dollar-for-dollar against any attorneys' fees due at
that time under this agreement, and refunded to the client to the extent that
the sum of this payment and any separate recovery of attorneys' fees from the
defendant exceeds the attorneys' fees due under this agreement.
VI. PAYMENTS REQUIRED WHEN THE CASE IS FINISHED
A. Litigation
Expenses
The
attorneys will have complete discretion to incur litigation and other
out-of-pocket expenses in the prosecution of the case. If there is a recovery in the case, the
client is responsible for such expenses out of the client's share of the
recovery. If there is no recovery, the
client is only responsible for these expenses to the extent that advances
against expenses have been paid or requested pursuant to part V. A. above. These expenses include (but are not limited
to) such items as the fees paid to courts, court reporters, lay and expert
witnesses, investigators and process servers; the attorneys' travel expenses,
long distance telephone, facsimile transmission, and photocopying charges;
courier or messenger service, and computer database access charges; and the
cost of special exhibits and supplies purchased for the case.
B. Attorneys'
Fees
1. The client understands that, given the
financial means, the client could retain the attorneys to represent the
client by paying all litigation expenses as they are incurred and by
compensating the attorneys on a monthly basis at the attorneys' regular
hourly rates. The client expressly
declines to do so, lacking the financial means, and chooses the terms of this
agreement instead. Under no
circumstances shall the client’s obligations to the attorney at the end of the
case exceed the total monies recovered from the defendant.
2. Any settlement offer of a fixed sum
which includes a division proposed by the offering defendant between
damages and attorneys' fees shall be treated by the client and the attorneys as
the offer of a single sum of money, and the division of the offer by the
offeror into damages and attorneys' fees shall be completely disregarded
by the client and the attorneys. If such
an offer is accepted, it shall be treated as the recovery of a single sum of
money to be apportioned between the client and the attorneys according to this
section.
3 The client recognizes that a separate
recovery of fees and costs may be significantly larger than the initial
recovery of damages for the client, and that after a certain point in time the
accrued attorneys fees and costs may be a larger component of the settlement
value of the case than the client’s prospective damages award.
4 If the case results in the recovery of
a single sum of money, without a separate award of attorneys fees, the
attorneys fees will be either forty percent (40%) of the recovery, or
the attorneys' fees computed at their regular hourly rates, using those rates
current at the time the payment is made, plus a contingency compensation factor
of 20% of the balance of the recovery after the attorneys hourly fees and
litigation costs are paid, whichever is greater.
5. If the case results in the recovery of
a damages award for the client and a separate award of attorneys fees
and costs, the attorneys’ fees will be either forty percent (40%) of
the damages award, or the attorneys' fees computed at their regular hourly
rates, using those rates current at the time the payment is made, plus a
contingency compensation factor of 20% of the damages award, whichever is
greater.
6. In
the event that the attorneys recover for the client a sum of money, the
attorneys' fees for their services shall be paid immediately out of this
sum, even if a separate recovery of attorneys' fees is contemplated. If, after recovery of damages, the attorneys
secure a separate recovery of attorneys' fees and costs, this separate recovery
shall be refunded to the client to the extent that the sum of this
separate recovery and any attorneys' fees and expenses previously paid exceeds
the attorneys' fees and expenses as defined above.
7. If more than one law firm has
represented the client, the total attorneys' fees will be divided so that each
firm will receive, for each attorney who has worked on the case, a pro rata
share of all attorneys' fees paid out at the termination of the case (such
that each lawyer will be allocated an equal percentage, whether greater or
lesser than one hundred per cent, of the product of his or her actual hours and
then-current regular hourly billing rate).
VII. DIRECT
PAYMENT AND LIEN
1. The client expressly authorizes the
attorneys' share of any recovery to be paid directly to the attorneys by
the defendant.
2. The client hereby gives the attorneys a
continuing lien on the client's claim and the proceeds thereof for the
amount of the attorneys' fees and out-of-pocket expenses for which the client
is obligated under this agreement pursuant to Section 757.36 of the Wisconsin
Statutes.
VIII. CONFIDENTIALITY
The
client understands that the attorneys may consult with other attorneys,
experts in other fields, investigators and others concerning the case. The client authorizes the attorneys to
consult with such persons and to divulge to them such privileged information as
is necessary to enable them to assist the attorneys in connection with the
case.
IX. SETTLEMENT
OF THE CASE
The client, by law, has the right to make all decisions regarding the settlement of the case and the attorneys will not settle the case on the client's behalf without the client's prior authorization. If the client settles the case, even after the termination of representation, the client will inform the attorneys at the earliest possible moment.
X. ACCOUNTING
At
the conclusion of the attorneys’ representation of the client, the attorneys
will provide the client with a written accounting of all fees and costs
incurred in the case, showing the manner in which they have been computed
(which may be called a “closing sheet”), and a refund of any advanced fees that
have not been earned and any advanced costs that have not been expended. If the
client disputes the attorneys' fee computation or expense itemization, or the
attorneys’ right to charge the fees and expenses so computed and itemized, the
client must provide the attorneys with written notice of the dispute within 30
days from the date of the final accounting. If the attorneys and the client
cannot resolve any dispute about which such notice is given within 30 days of
the date of the notice, the attorneys agree, if the client so desires, to
submit the dispute to binding fee arbitration through the State Bar of
Wisconsin Fee Arbitration Program.[1]
The client is not required by this agreement to participate in fee arbitration
and may pursue a dispute of the attorneys' fees in other appropriate forums.
Further, if the attorneys fail to refund unearned fees, abide by a fee
arbitration award, or abide by a final decision of a court with respect to
unearned fees, the client may file a claim with the Wisconsin Lawyers Fund for the
Client Protection[2]
to recover such amount.
XI.
CONCLUSION
By
signing this agreement, the client and the attorneys signify that they
have read and understand its terms, and that they agree to be bound by it.
|
ATTORNEY: THE JEFF
SCOTT OLSON LAW FIRM,
S. C. Phone 608
283 6001 Fax 608
283 0945 Website www.scofflaw.com E-Mail ______________________________ ______________________________ Date |
CLIENT: AAAA _______________________________ _______________________________ Date |
[1]
The State Bar's Fee Arbitration Program may be contacted c/o State Bar of
Wisconsin,
[2]
The Wisconsin Lawyers Fund for Client Protection may be contacted c/o State Bar
of Wisconsin,