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Forty percent (40%) of the recovery if
it is recovered before any appeal is taken;
Forty-Six percent (46%) of the recovery
if it is recovered after an appeal is
taken.
Any settlement offer of a fixed sum which includes
a division proposed by the offeror between damages and
attorneys’ fees shall be treated by the client and the
attorneys as an offer of a single sum of money and, if
accepted, 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. Any division
of such an offer into damages and attorneys’ fees shall
be completely disregarded by the client and the
attorneys.
* * * * * * *
VI. CLIENT NOT TO SETTLE WITHOUT ATTORNEYS’ CONSENT
The client will not compromise or settle the case
without the written consent of the attorneys. The
client agrees not to waive the right to attorneys’ fees
as part of a settlement unless the client has reached
an agreement with the attorney for an alternative
method of payment that would compensate the attorneys
in accordance with Section III of this agreement.
VII. WIN OR LOSE RETAINER
The client agrees to pay a Five Hundred ($500.00)
Dollar win or lose retainer. This amount will be
credited to the attorney fees set forth in Section III
in the event a recovery is made. If no recovery is
made, this amount is non-refundable to the client.
VIII. LIEN
The client agrees that the attorney shall have a
lien against any damages, proceeds, costs and fees
recovered in the client’s action for the fees and costs
due the attorney under this agreement and said lien
shall be satisfied before or concurrent with the
dispersal of any such proceeds and fees.
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Last modified: May 25, 2011