CONTINGENT FEE AGREEMENT
As we discussed, Milberg Bryson Phillip Grossman and Kopelowitz Ostrow P.A. (collectively "Firms") are willing to investigate and evaluate whether 's ("Client") claims related to exposure to polychlorinated biphenyls ("PCBs") should be pursued. Client is engaging the Firms to conduct the investigation on Client's behalf, and in the event the Firms are comfortable proceeding with the representation of Client against one or more at-fault parties, either attempting to settle before filing a lawsuit with the at-fault parties or filing a lawsuit in court and moving forward with litigation. Once the investigation is complete, the Firms will advise the Client of the results of the investigation and whether the Firms will continue the representation on Client's behalf.
The Firms will handle this matter on what is referred to as a contingency fee basis. This agreement means that in the event that there is a recovery on Client's behalf, the Firms will receive 33% of the gross amounts recovered.
If the Client chooses to settle the case or obtains an arbitration order or court verdict in Client's favor, Client will receive the net proceeds after deducting any money that has to be paid back to Client's health care providers, Medicaid, Medicare, any applicable insurance payments, attorneys' fees, and litigation expenses.
Current law and regulations regarding Medicare, Medicaid or private health insurance plans ("Healthcare Insurance") may require all parties involved in this matter (Client, defendants, and any insurance companies) to compromise, settle, or execute a release of the Healthcare Insurances' separate claims for subrogation/reimbursement/liens for past and potentially future payments prior to distributing any verdict or settlement proceeds. Client agrees the Firms and Client may take reasonable steps in this matter for the handling of such claims, including hiring separate experts/case workers who assist with resolving any Healthcare Insurance subrogation/reimbursement/lien claims arising from expenses for past and/or future injury-related medical care. The expense of any such service shall be treated as a case litigation expense and deducted from Client's recovery and shall not be paid out of the attorneys' contingent fee in this matter.
Client acknowledges that the Firms may choose to associate with one or more other law firms or lawyers to assist with the handling of this matter. In the event other firms associate, they will sign this agreement when the association commences, and the Firms will send Client a copy for their records. Regardless of how many firms or lawyers work on Client's behalf, the legal fees will not exceed 33%. The Firms will allocate the attorneys' fees amongst themselves and any other firms or lawyers who associate for purposes of this representation. Further, the Firms may associate with co-counsel that will assist in Client's representation. Client will not pay more than 33% regardless of how many firms represent Client
Ordinarily, a lawyer shall not provide financial assistance to a client in connection with a pending or contemplated litigation, except that a lawyer may advance or guarantee court costs and expenses of litigation, including expenses of investigation, and costs of obtaining and presenting evidence, the repayment of which may be contingent on the outcome of the matter. With a potential case like this, the expenses generally include, but are not limited to, the costs of obtaining records, expert witness fees, deposition fees, mediation fees and costs associated with travel. Client will only be responsible for repayment of litigation expenses and for payment of attorneys' fees in the event that the Firms are able to obtain a recover for Client.
The Parties agree to the terms of the Contingent Fee Agreement set forth above.
BY SIGNING BELOW, THE PARTIES INDICATE THAT THEY HAVE READ THE TERMS OF THIS RETENTION AGREEMENT, AND AGREE TO THOSE TERMS
CLIENT
AGREED TO:
Date:
Name:
Address:
,
Email:
Telephone:
THE FIRMS
_________________________
Date:
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 West Monroe Street, Suite 2100
Chicago, IL 60606
GARY KLINGER
For the Firm
_________________________
Date:
KOPELOWITZ OSTROW P.A.
One W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
JEFF OSTROW
For the Firm
