Eldon R. Kenseth and Susan M. Kenseth - Page 6




                                         - 6 -                                          
               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                       






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011