recovered or any settlement agreed upon in connection with Client's Claim. Full power and authority is given by Client to Attorneys to adjust, settle or compromise Client's Claims, but no final settlement shall be made and consummated by Attorneys without first submitting the offer, compromise, or adjustment to Client for approval, and Client agrees not to compromise or settle Client's Claim without the Attorneys' authority, agreement, and consent. Should Client make a settlement in violation of this Agreement, Client agrees to pay Attorneys the full fee agreed upon contained in the paragraph below.
ATTORNEYS' FEES: This Agreement is a contingency fee contract. Specifically, if Attorneys are successful in recovering money or anything of value for Client, by settlement prior to 90 days before trial, Attorneys shall receive attorneys' fees in the amount of THIRTY PERCENT (30%) of the Gross Recovery. Attorneys shall (1) retain FORTY PERCENT (40%) of the proceeds as their attorneys' fees if the matter is settled or resolved before trial begins and FORTY PERCENT (40%) percent of the proceeds as their attorneys' fees if the matter is settled or resolved after trial begins. Gross Recovery means the gross amount of money or other value or property recovered for Client, before the deduction of expenses. Gross Recovery means the total of any amount received, including ongoing cash flow from awarded or collected or otherwise received by the Client or assigns or agents (whether by ongoing business operations, settlement, mediation, arbitration award, court judgment, or otherwise) before such amount has been reduced by the sum of litigation "Costs" or "Expenses" which are paid by the Client. The Client hereby grants the Firm a lien on this Lawsuit and a lien on any proceeds, ongoing business concerns, recoveries and any judgments recovered in connection with the Lawsuit as security for the payment of the Firm's fees as contracted for herein. By signing this Agreement, the Client acknowledges that the Attorneys desire to be paid in cash. In any case, if payment of all, or any part of the Gross Recovery will be deferred (such as in the case of an annuity, a structured settlement, or periodic payments), the "total amount received," for purposes of calculating the attorneys' Fees, will be the initial payment plus the present value, as of the time of the ongoing cash flow, settlement, final arbitration award, or final judgment, of the payments to be received thereafter. The attorneys' fees shall be paid out of the initial payment. If the initial payment is insufficient to fund the attorneys' fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to Client. By the Client's signature below, the Client acknowledges that the Client has been informed of and understands that the attorneys' fees contemplated by this Agreement are not set by law but rather by the agreement of the Client and the Firm as reflected in this negotiated Agreement. Furthermore, by signing this Agreement, you agree that: (1) this transaction, agreement, and terms on which the Firm has acquired the interest as contemplated herein are fair and reasonable to the Client and are fully disclosed in a manner which can be reasonably understood by the Client; (2) the Client has been given a reasonable opportunity to seek the advice of independent counsel in the transaction and in fact have been advised by the Firm to seek the advice of independent counsel; and (3) the Client consents in writing thereto. You are hereby advised, in writing, of the desirability of seeking the advice of independent legal counsel. In fact, as a prerequisite to signing this Agreement, you agree that the Firm has mandated that you have your own independent counsel review and sign the Agreement. In addition, you acknowledge that you have been given a reasonable opportunity to obtain such advice. The Firm requires we receive the Client's informed consent, in a writing signed by the Client, both to the essential terms of the transaction and to the Firm's role. Trial is considered to have commenced at 5:00 p.m. on the Friday closest to ten (10) days before jury selection begins or evidence is first presented to the trier of fact, whichever is the earlier of these two events. If Attorneys do not recover any money or other value or property for Client, Client will not owe any attorneys' fees or expenses. Client agrees that Attorneys may, in their discretion, employ associate counsel to assist in prosecuting Client's cause of action, and Client does not object to the participation of any lawyers Attorneys may choose to involve in this representation of Client. With the exceptions set forth below, payment of attorneys' fees to associate counsel is the responsibility of Attorneys. In the event that the case is settled by way of a structured settlement, Client approves and authorizes attorneys' fees to be based upon the present value