hereinafter called client, whether one or more, hereby appoints and employs THE SMITH LAW FIRM, PLLC, located at 300 Concourse Blvd., Suite 104, Ridgeland, Mississippi 39157, as my attorney to prosecute and collect a certain claim concerning injuries and/or damages sustained as a result of NEC (Necrotizing Enterocolitis) and said attorney is authorized to sue on said claim, to prosecute the same to judgment, and to negotiate settlement thereof, but it is distinctly understood that no settlement shall be made by the attorney without the client's approval, and the client hereby agrees to make no settlement nor offer of settlement without the consent of the attorney. In consideration of the services rendered and to be rendered to the client by said attorneys, the clients, whether one or more, hereby grant, sell, assign, and convey to said attorney as their compensation herein, forty percent (40%) undivided interest in said claim at any stage of the litigation, including before suit is filed.

IN THE EVENT OF NO RECOVERY, CLIENT SHALL OWE ATTORNEY NOTHING FOR SERVICES RENDERED.

All costs or out-of-pocket expenses directly incurred in investigating, preparing, or litigating this claim(s) shall be paid by the client by deduction from their share of the recovery after calculation of attorneys' contingent fee and said expenses and attorneys' fees may be deducted from the proceeds of the recovery. In the event of a collection of an award of attorney's fees in excess of the percentage stated above, attorneys shall receive the larger amount, if applicable.

Client and attorney hereby covenant and agree that if, during the course of investigating, preparing, handling or prosecuting this claim, the attorney makes a good faith determination that further action untenable or a successful conclusion not possible, the attorney shall have the right to withdraw from the case by returning to the client's last known address, all file materials to the client without claim or charge for any expenses incurred or services rendered, along with a letter of explanation of the reason for withdrawal.

Client agrees that the associate counsel may be employed at the discretion and expense of the attorneys and that any attorney so employed may be designated to appear on client's behalf undertake their representation in this matter. The client further authorizes the attorney to deduct and pay medical expenses of this claim from their recovery directly to the person or firms to whom the expenses are due.

Client shall have the sole and exclusive right to accept or reject any offers for settlement of the cause of action. However, client shall have an obligation to weigh fully the opinions and recommendations of and shall not unreasonably withhold consent to a settlement proposal which in the judgment of the attorney is fair and reasonable basis for the disposition of the cause of action. 

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 ACKNOWLEDGEMENT

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.

SEVERABILITY

If any part of this agreement shall for any reason be found unenforceable, the parties agree that all other portions shall nevertheless remain valid and enforceable.

INTEGRATION

This agreement represents the final and mutual understanding of the parties. It replaces and supersedes any prior agreements or understandings, whether written or oral. This agreement may not be modified, amended, or replaced except by another signed written agreement. I have asked The Smith Law Firm, PLLC, to represent me. To my knowledge, no one has received any reward for recommending this firm to me. I have not been promised any support or reward for signing this employment agreement and assignment contract.

LIMITATION OF SERVICES

Client acknowledges that client has retained The Smith Law Firm, PLLC, for the sole purposes expressly stated in this contract. Client understands that The Smith Law Firm, PLLC, its partners, associates, or other representative make no representations, express or implied, to perform any legal services or provide any legal opinions, on any matter not expressly addressed in this contract.

CLIENT AGREES THAT ATTORNEY HAS MADE NO PROMISES OR GUARANTEES REGARDING THE OUTCOME OF CLIENT'S CLAIM.

I have read the above and understand this contract and agreement.