Our firm
requires a signed fee agreement as well as a signed copy
of the following
disclosure statement prior to accepting your
case:
DISCLOSURE STATEMENT
Type of Attorney Fee Agreements:
I have been informed and understand
that there are several types of attorney fee arrangements:
(1) Time based, (2) Fixed, or
(3) Contingent. “Time-based” means a fee that is
determined by the amount of time involved such as so much per
hour, day, or week. “Fixed” means a fee that is
based upon an agreed amount, regardless of the time or effort
involved or the result obtained. “Contingent” means
a certain agreed percentage or amount that is payable only
upon attaining a recovery, regardless of the time or effort
involved. I understand that I have that right to choose the
type of attorney fee arrangement.
Specially Awarded Attorney Fees:
I have been informed and understand that the Court or an arbitrator
may sometimes award attorney fees in addition to the amount
of recovery being claimed. I understand that the fee agreement
I enter into with my attorney should contain a provision as
to how any specially awarded attorney fees will be accounted
for and handled.
Expenses:
I have been informed and understand that there may be expenses
(aside from any attorney fees) in pursuing my claim. Examples
of such expenses are: Fees payable to the court, the costs
of serving processes, fees charged by expert witnesses, fees
charged for obtaining medical bills and records, fees of investigators,
fees of court reporters to take and prepare transcripts of
depositions, and expenses involved in preparing exhibits. I
understand that an attorney is required to provide me with
an estimate of such expenses before I enter into an attorney
fee agreement and that my attorney fee agreement should include
a provision as to how and when expenses are to be paid.
I understand that the fee agreement
should tell me whether a fee payable from the proceeds of the
amount collected on my
behalf will be based on the “net” or “gross” recovery. “Net
recovery” means the amount remaining after expenses and
deductions. “Gross recovery” means the total amount
of the recovery before any deductions.
The Potential of Costs and Attorney Fees Being Awarded to the
Opposing Party:
I have been informed and understand that a court
or arbitrator sometimes awards costs and attorney fees to the
opposing party.
I have been informed and understand that should that happen
in my case, I will be responsible to pay such award. I understand
that the fee agreement I enter into with my attorney should
provide whether an award against me will be paid out of the
proceeds of any amount collected on my behalf. I also understand
that the agreement should provide whether the fee I am obligated
to pay my attorney will be based on the amount of recovery
before or after payment of the awarded costs and attorney fees
to an opposing party.
Associated Counsel:
I have been informed and understand
that my attorney may sometimes hire another attorney to assist
in the handling of a case.
That other attorney is called an “associated counsel.” I
understand that the attorney fee agreement should tell me how
the fees of associated counsel will be handled.
Subrogation:
I have been informed and understand
that other persons or entities may have a subrogation right
in what I recover in pursuing
my claim. “Subrogation” means the right to be paid
back. I understand that the subrogation right may arise in
various ways, such as when an insurer or a federal or state
agency pays money to or on behalf of a claiming party like
me in situations such as Medicare, Medicaid, workers’ compensation,
medical/health insurance, no-fault insurance, uninsured/underinsured
motorist insurance, and property insurance situations.
I understand that sometimes a hospital,
physician, or an attorney will assert a “lien” (a
priority right) on a claim such as the one I am pursuing. Subrogation
rights and liens
need to be considered and provided for in the fee agreement
I reach with my attorney. The fee agreement should tell me
whether the subrogation right or lien is being paid by my attorney
out of the proceeds of the recovery made on my behalf and whether
the fee I am obliged to pay my attorney will be based on the
amount of the recovery before or after payment of the subrogation
right or lien. |