Should the Client unreasonably withhold its consent to fair and reasonable settlement, The Smith Law Firm, PLLC, shall have the right to terminate this agreement, and to demand and receive payment for all un-reimbursed expenses advanced on behalf of Client but will not be entitled to receive any additional fees for services rendered.
NO GUARANTEES
The Client hereby acknowledges that The Smith Law Firm, PLLC, has made no guarantees regarding the successful outcome of this matter and all expressions about the outcome are only opinions.
EXCLUDED CLAIMS
Filing of litigation on Client's behalf may subject Client to cross-claims, counterclaims, or claims filed in another action. Client understands that this agreement shall not cover the defense of any claims, counterclaims or cross-claims asserted against Client in any litigation involving the cause of action or in any other case. Any reduction of this amount will be treated as a cash settlement and will be subject to the Contingent Fee. Should any other such claims be filed, the parties hereto shall discuss and attempt to negotiate a separate or supplemental agreement concerning representations of Client with regard to those claims.
CLIENT ACKNOWLEDGMENT
Client acknowledges that Client has been encouraged by this attorney to consult other counsel concerning the negotiation of this fee agreement, that Client has made sufficient investigation and inquiry to determine that this agreement is fair and reasonable to Client, and that this agreement was the product of arm's length negotiation with The Smith Law Firm, PLLC.
DISPUTE RESOLUTION
Any disputes relating to interpretation, enforcement or alleged breach of this agreement shall be submitted to binding arbitration in Ridgeland, Mississippi, under the auspices of the Judicial Arbitration and Mediation Services, Inc. Judgment on any arbitration award may be entered by any court of competent jurisdiction. This includes any derivative claims, inclusive of legal negligence, fraud, duress, misappropriation of funds, or any other claims against The Smith Law Firm, PLLC, its partners, associates, or other representatives, arising out of the legal services made the basis of this contract.
FILE RETENTION AND DESTRUCTION
At the conclusion, this matter will be closed, and attorney will retain a client file of client matters for a period of seven years. Attorney may store some or all client file materials in a digital format. In the process of digitizing such documents, any original paper documents provided by client will be returned to client, if requested in writing. Any copies of paper documents provided by client will not be returned to client unless client requests such copies in writing. After any or all paper documents are digitized, Attorney will destroy all paper documents in the client file, subject to the exceptions noted above. At the expiration of the seven-year period, Attorney may destroy all client file materials. This clause applies to any client file materials being held or stored by a third-party vendor. Attorney reserves the right to charge reasonable administrative fees and costs associated with researching, retrieving, copying and delivering such files, as delineated on the first page of this agreement.