CONTRACT & POWER OF ATTORNEY

This agreement (“Agreement”) is made on {date} between the following parties: {name} (collectively “Client”) and ENVIRONMENTAL LITIGATION GROUP, P.C. (“ELG”) and STC LAW FIRM PLLC (“STC LAW FIRM”), collectively (“Attorney”). In consideration of the mutual promises herein contained, the Parties agree as follows:

PURPOSE OF REPRESENTATION

1.1 Client retains and employs Attorney to represent Client, to investigate and, if appropriate, to file suit for and attempt to recover any damages and compensation to which Client may be entitled against any party or parties responsible for same, as well as attempt to compromise and settle all claims of Client, in connection with or arising out of the events or event that caused Client personal injury, wrongful death and/or property damage related to environmental, chemical, toxic or other similar type exposures. Attorney representation DOES NOT include representation for Client’s claims related to any self-insured policies, business interruption policies or other collateral source benefits. Furthermore, Attorney will not provide income tax advice relating to the implications of remitting claims for lost income.

ATTORNEY FEES 40% of any settlement or recovery (50% to ELG and 50% to STC LAW FIRM). If no money is recovered for Client, then there will be no attorneys’ fee or expense and Client will not owe Attorney a fee or expenses except as otherwise provided herein. However, if Client has previously employed other counsel without disclosing said employment to Attorney who then incurs expenses, Client agrees to reimburse Attorney within 30 days after receipt of a statement for expenses. Also if expenses are incurred on behalf of Client who thereafter employs counsel other than Attorney for this matter, the same will apply. Attorney reserves the right to withdraw if Client refuses the recommendation to settle the case if Attorney determines such settlement to be the best option available. Upon withdrawal, expenses and costs associated with incurred by Attorney on behalf of Client may be reimbursed by Client at the sole discretion of Attorney. If ELG obtains or holds funds on my behalf in any matter or case, Client authorizes ELG to use those funds to pay all expenses or fees Client may owe ELG in this or any other matter/case.

2.1 In consideration of Attorney’s services rendered and to be rendered as set out above, Client hereby assigns, grants, and conveys to Attorney the following present undivided interest in the Claims as :

The 40% payable from the settlement or recovery is defined as a contingency fee and is based upon the gross amount recovered on behalf of Client.

2.2 Client understands that the Client is assigning at this time to Attorney the amount stated above as the contingency fee, and that such percentage is of the total recovery or settlement before any costs, expenses, or disbursements are deducted (and Client understands that all costs, expenses, and disbursements are paid out of Client’s portion of the recovery, and not out of Attorney’s portion).

2.3 The standard 40% interest in the recovery assigned to Attorney is based upon the total amount recovered, and can only be reduced by court order.

APPROVAL NECESSARY FOR SETTLEMENT

3.1 Attorney will not settle the claims without Client’s approval. However, pursuant to Section 3.2 of this Agreement, Attorney may take any and all reasonable steps necessary to protect and preserve settlement funds or potential settlement funds on behalf of Client in the event Client is unresponsive or otherwise unavailable for consultation. Client will not make a settlement or offer of settlement without consulting Attorney.

3.2 Attorney is hereby granted a power of attorney so that it may have full authority to prepare, sign, and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to complete representation in this matter, including settlement and/or reducing to possession any and all monies or other things of value due to Client in connection with Client’s claims as fully as Client could do in person. Attorney is also authorized and empowered to act as Client’s negotiator in any and all settlement negotiations concerning the subject of this Agreement.

3.3 Client hereby authorizes Attorney to negotiate a settlement of Client’s claims in whatever manner, and using whatever negotiation strategy Attorney deems appropriate. Client understands and agrees that Attorney may, if appropriate, negotiate a settlement of Client’s claim and the claims of other clients similarly situated on an aggregate basis. However, no such settlement will be negotiated without providing Client a description of the claims resolved by the settlement, the total settlement fund, the amount to be received by Client, and the amount to be received by other clients who are qualified to participate in the settlement, subject to client confidentiality considerations.

3.4 Medicare: Client understands that Medicare regulations may require Attorney to compromise, settle, or execute a release of Medicare’s reimbursement claim prior to payment of any amounts recovered for Client. Client further understands that Attorney may be required to undertake a determination of whether such reimbursement claims exist even if they have received no such notice from Medicare prior to any verdict or settlement

3.5 client agrees to be bound by the terms of any block settlements or negotiated settlements reached with one or more defendants. client understands that the attorneys will negotiate the best settlement possible for CLIENT and client gives attorney broad authority to use ITS judgment and discretion in reaching A settlement. Client agrees to cooperate fully with ATTORNEY throughout the entirety of the case. Furthermore, Client understands that ATTORNEY may withdraw from representation in the case at any time, for any reason, at its sole discretion. client may also terminate this agreement at amytime subject to the provisisons of sections 2.1 through 2.3 of this agreement.

 

NO GUARANTEE OF RESULTS

4.1 It is understood and agreed that Attorney cannot warrant or guarantee the outcome of Client’s case, and Attorney has not represented to Client that Client will recover any damages, compensation, or other payment as a result of Attorney’s representation. Client has also been informed that obtaining a judgment or settlement does not guarantee that the opposing parties will be capable of, willing to or actually satisfy the judgment.

SHARING OF EXPENSES

5.1 Attorney often represents a number of clients who were all harmed by the same event or events that caused the harm (referred to herein as “similar injury”) to Client or Client’s property. The cause of the similar injury is often determined to be the result a few related root causes and therefore it is advantageous to a group of Attorney’s clients sharing the similar injury to share costs and expenses benefitting the group of clients.

5.2 Client understands that Attorney may represent numerous other similarly injured clients, and Client agrees that the term “expenses” includes general expenses incurred for the benefit of all such similarly injured clients, including but not limited to retaining and compensating experts, copying documents, postage, research, computerized document management, conference calls, jury consultants, travel, mediation and trial expenses, and costs relating to the depositions of parties, witnesses, experts and others. Such common costs and expenses will be allocated equally among all benefited clients on a pro rata basis.

5.3 Direct expenses are those expenses which benefit only Client in Client’s individual case. Examples of such direct expenses include, but are not be limited to, payment for Client’s medical records and bills, copying of Client’s case file, payments to doctors and other health care providers for medical services provided to Client (if any), expert fees associated with determining Client’s lost income or property value. Direct expenses will not be shared with any other clients.

5.4 Attorney may advance, as common costs and expenses, any or all of the court costs and expenses that appear to Attorney to be reasonably necessary for the investigation, preparation, trial, and/or settlement of Client’s matter (including attorneys/experts not employed at ENVIRONMENTAL LITIGATION GROUP, P.C., or Attorneys or third parties who Attorney may retain to assist with resolving any Medicare reimbursement claim). All such costs and expenses advanced or incurred by Attorney shall be deducted from the recovery obtained for Client from Client’s portion of recovery.

COURT COSTS AND EXPENSES

6.1 It is specifically understood and agreed by the parties hereto that all financing expenses such as interest on loans made to finance all reasonable and necessary expenses of Client’s case will be paid by Client by deduction from Client’s share of the recovery after calculation of Attorney’s contingent fee. Said financing expenses shall be deducted from the amounts recovered for Client.

6.2 The terms “court costs” and “expenses” include without limitation: filing fees, costs imposed by courts, expert fees (regarding, without limitation, evaluation, reports, and/or testimony), consultant fees, postage, long distance telephone calls, fax transmissions or receptions, messengers, court reporter fees, record service fees, photocopying, preparation of exhibits and photographs, transportation and/or lodging expenses, court-mandated expenditures, specialized non-enviromental and/or toxic tort outside counsel fees and expenses (i.e., probate, taxation, bankruptcy…etc.), costs associated with collection of judgments, any expenses of a structured settlement, witness’ fees and mileage, medical records, subpoenas, and all other reasonable and necessary costs and expenses which Attorney, in its judgment, determines to be reasonably necessary for the prosecution and/or settlement of Client’s claims.

6.3 If Attorney represents Client throughout the course of the litigation and/or settlement negotiation and does not obtain for Client a settlement or recovery, then the Client will not owe Attorney a fee or be required to reimburse any of the above expenses that have been advanced by Attorney except as otherwise provided herein.

COOPERATION OF CLIENT

7.1 Client agrees to cooperate with Attorney at all times. Client further agrees to keep Attorney advised of Client’s whereabouts (and provide changes of address and telephone numbers), shall appear on reasonable notice, shall appear for all depositions and court appearances upon reasonable notice, and shall comply with all reasonable requests of Attorney in connection with the preparation and presentation of the aforesaid Claims and causes of action of the Client.

7.2 Attorney may, at its option, withdraw from the case and cease to represent Client should Client fail to comply with any portion of this Agreement, or should Attorney decide for any reason that it cannot continue to represent Client.

7.3 Although the Attorneys have agreed to represent Client in connection with Client's claim(s), Client understands that there are strict statutes of limitation on claims, and that if Client's claims are not filed before the statutes of limitation expire, Client may be forever be prevented from bringing a claim. Client understands that Defendants may attempt to dismiss Client's claims based upon those statues of limitations. Client understands the statute of limitation in Client's case may have expired before Client ever contacted the Attorneys, or that the statutes of limitation may expire in the very near future. Client understands and agrees that the Attorneys will not be able to determine whether or not to file a lawsuit on Client's behalf unless and until client has provided (1) definitive proof that Client was exposed to a substance in a manner that could cause injury; and (2)the Attorney has received copies of Client’s medical records that demonstrate both the date of diagnosis of injury and the first manifestation of injury. Client understands that it will take the Attorneys a reasonable amount of time after receipt of such information to further evaluate the merits of Client's claim so as not to inadvertently develop and pursue a claim with no legal basis.

7.4 Client understands and agrees that the Attorneys are under no obligation to file suit should the Attorneys conclude after reasonable investigation that there is no legal basis for commencing an action.

REFERRAL OR ASSOCIATION OF ADDITIONAL COUNSEL

8.1 Client expressly agrees, at the Attorney’s discretion, that Attorney associate as co-counsel additional lawyers to assist in effectively representing Client and prosecuting Client’s environmental, chemical, toxic or other similar type exposure cause of action. The association of additional attorneys will not increase the contingency fee owed by Client to Attorney and the additional or associated attorney will be compensated out of the Attorney’s portion of the contingency fee.

8.2 Attorneys employed by Environmental Litigation Group, P.C. are licensed to practice law only in Alabama, California, District of Columbia, United States Court of Federal Claims, Illinois, and Vermont.

ALABAMA LAW TO APPLY

9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. Attorney and Client agree that, in the event of a dispute among them, the proper venue for resolving the dispute is Jefferson County, Alabama.

DISTRIBUTIONS

10.1 Environmental Litigation Group, P.C. will make all payments solely to the injured party, or Client’s personal representative, and will not be responsible for allocating settlement proceeds among heirs or multiple payees.

 

AGREEMENT VOLUNTARY AND WITH KNOWLEDGE

Client, by signing this Agreement, acknowledges that Client has read and understands said Agreement and enters into it voluntarily.

TCPA Consent To Contact Agreement
I consent to receiving autodialed calls, auto generated text messages and auto generated emails to any email or number provided including to my cellular/wireless number from or on behalf of ENVIRONMENTAL LITIGATION GROUP PC, or any other Attorney or Law Firm Cases may be referred to. I consent to ENVIRONMENTAL LITIGATION GROUP PC, or anyone acting on their behalf to contact me in any form including at the telephone number provided above, given or found later to ENVIRONMENTAL LITIGATION GROUP PC, including my cellular/wireless number, utilizing an auto dialer or any other automated technology now existing or yet to be developed.

PRINTED NAME: {name}

SSN: {whatAre}

EXECUTED effective on this day {pleaseChoose48}

CLIENT SIGNATURE: