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IX. CHANGE OF ATTORNEY
In the event the client chooses to terminate the
contract for legal services with Fox & Fox, S.C., said
firm will have a lien upon any recovery eventually
obtained. Said lien will be for the fees set forth in
Section III of this agreement.
In the event the client chooses to terminate the
contract for legal services with Fox & Fox, S.C., the
client will further make immediate payment of all
outstanding costs and disbursements to the firm of
Fox & Fox, S.C. and will do so within ten (10) days of
the termination of the contract.
In entering into this contract Fox & Fox, S.C. has
relied on the factual representations made to the firm
by the client. In the event such representations are
intentionally false, Fox & Fox, S.C. reserves the right
to unilaterally terminate this agreement and to charge
the client for services to the date of termination
rendered on an hourly basis plus all costs dispersed
and said amount shall be due within ten (10) days of
termination.
At the time of entering into the contingent fee agreement,
petitioner had paid only the $500 “win or lose” retainer to
Fox & Fox. This amount was to be credited against the contingent
fee that would be payable if there should be a recovery on the
claim; if there should be no recovery, this amount was
nonrefundable. Under section II of the agreement, petitioner
expressly agreed to reimburse Fox & Fox for out-of-pocket
expenses, in accordance with the firm’s normal billing policies
and procedures. In contrast, under section III of the agreement
(which set forth the contingent fee agreement), petitioner did
not expressly agree to pay anything. Instead, section III
provided how the amount of the contingent fee was to be
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Last modified: May 25, 2011