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Wrong Repo STC & D MILLER LAW

Wrong Repo STC & D MILLER LAW

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    ATTORNEY EMPLOYMENT CONTRACT

    DATE  {pleaseChoose48}
    SSN ​{whatAre}
    CLIENT NAME {name}
    EMAIL​  {email}
    DATE OF BIRTH {pleaseProvide}
    ADDRESS {address}

     

    1. RETAINMENT: Client hereby agrees to retain and does retain the firms of D. Miller & Associates, P.L.L.C., (DMA) & STC Law Firm, PLLC (STC) hereinafter referred to as the Firms/Firm. In consideration of the compensation agreement set forth below, Firms agrees to provide legal services in connection with the legal matter mentioned below.

     

    2. REPRESENTATION: Firms will represent Client with regards to a damages associated with unlawful repossession that Firms at its sole discretion believes are reasonably recoverable as related to the matter.


    3. SCOPE AND DUTIES: Client hires Firms to provide legal services in connection with pursuing a claim against companies that have unlawfully repossessed Client’s vehicle. Firm shall provide those services reasonably required to represent Client and shall take reasonable steps to keep Client informed of progress.


    4. CONTINGENCY FEE CONTRACT: In the event no recovery is made in this case, Client understands that Client does not owe Firm any attorney fees. In consideration of services rendered in connection with this legal matter, Client has agreed and is obligated to compensate Firm, as its compensation FORTY PERCENT (40.00%) of all amounts recovered against all adverse parties in the above-mentioned matter. Attorney fees will be calculated before the deduction of expenses. Client understands that should there be a recovery, the division of the Attorneys’ fees shall be split as accordingly 90% to DMA and 10% to STC.


    5. REFERRAL: Client understands that Firm may refer this matter to another Firm or Attorney to represent the Client’s interests. Any referral will be made in accordance with all applicable laws of the subject jurisdiction. Client retains the right to refuse referral of the case, and Firm agrees to notify Client PRIOR TO such referral, if any.


    6. CASE COSTS AND EXPENSES: As Firm incurs charges and expenses, it will advance payment on behalf of Client. Client is responsible for these expenses only in the event of recovery. If there is no recovery, Client understands that Client has no obligation to reimburse Firm for these expenses. Firm desires to minimize costs and benefit Client and Firm. Costs and expenses may include but are not limited to lawsuit filing and service fees, costs of obtaining medical and other records, costs for investigative and expert fees, deposition costs and court reporter fees, litigation travel expenses, legal research fees, arbitration/mediation fees if required, trial preparation and expenses if required, costs for estate/probate or bankruptcy legal services if required, along with a reasonable market rate interest on such expenses. Additionally, a nominal fee of two hundred forty dollars ($240.00) will be applied for administrative costs to firm for file setup and pre-litigation services. Firm does not itemize for legal copies, faxes, long distance phone calls, or standard letter postage rates.


    7. COMMON BENEFIT CASE EXPENSES: Client understands that Firm will be representing other clients in this same matter and will incur generic costs necessary to advance the claims on behalf of and to the benefit of all Clients. Client agrees to pay a pro rata share of the generic analysis, preparation, trial, and/or settlement of more than one Client’s claim for damages in this matter. Common benefit or generic costs are routinely shared by one or more claimant and that share portion shall be deducted from Client’s recovery in an equitable and reasonably proportional manner. Firm desires to minimize costs and expenses including any potential generic expenses.


    8. COURT-ORDERED ASSESSMENTS: Cases are often consolidated into single federal and state courts, allowing for a more efficient and cost-effective process for all parties. In federal court, these proceedings are referred to as Multi-District Litigations (MDL) and in state courts, referred to as state court consolidations. Counsel for Plaintiffs’ will work and pool resources to advance the litigation. Client understands and authorizes the Firm to work with other attorneys all around the country to share work, information, knowledge, evidence, and experts, as well as share the expenses involved. The judge overseeing a particular litigation will often issue and approve any assessment. The Court’s order will typically specify that a portion of the assessment is for expenses and should be deducted from the Client’s share of the recovery; the remainder of the assessment is typically for fees and is deducted from the total attorneys’ fees portion of your recovery.


    9. SETTLEMENT OF CLAIMS: Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise of guarantee about the outcome of the matter. Attorneys make no such promises or guarantees. No settlement shall be made without Client’s approval. Client grants Attorneys the power of attorney to execute all documents connected with the claim for the prosecution of which Attorneys are retained, including pleadings, contracts, checks or drafts, settlement agreements, compromises, releases, verifications, dismissals, and orders, and well as all other documents which Client could properly execute. Client hereby authorizes Attorneys to negotiate a settlement of Client’s claims in whatever manner, and using whatever negotiation strategy, Attorneys deem appropriate. Client understands and agrees that Attorneys may, if appropriate, negotiate a settlement of Client'sclaim and the claims of other clients similarly situated on an aggregate basis. However, no such settlement will be effective 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.
    10. INTEREST IN CASE RECOVERY: Client grants to Firm an assignment of Client’s claim for damages, whether by compromise or settlement, suit, or judgement, to secure the payment of all fees and expenses due, owing, and unpaid. In the event Client does not reimburse Firm in accordance with this Contract, Firm has the option to cancel this Contract, retain its interest, and withdraw from representation. Failure on the part of Client will be considered a material breach of this Contract.


    11. NO GUARANTEED OUTCOME: Client understands that Firm has made no representations concerning the successful outcome of any contested claim or negotiation or the favorable outcome of any legal action that may be filed or that is required to be filed by Attorneys on behalf of Client.


    12. BINDING AND ENFORCEABLE CONTRACT: Client understands that this is a valid and enforceable Contract between Client and Firm. This Contract is binding on the parties hereto, their successors, administrators, executors, heirs and assigns, and may not be altered or amended except in writing signed by all parties hereto.


    13. ENDORSEMENT AUTHORITY: Client authorizes Firm to endorse and deposit any settlement checks, money orders, or other proceeds. Such settlement funds shall be placed in trust for Client’s benefit. Client further authorizes and grants to Firm a limited Power of Attorney to execute and sign all settlement documents and releases on behalf of Client.


    14. CLIENT’S AUTHORITY TO CONTRACT: Client represents that they are the full owner of the claim(s) for matter for which Firm has been retained.


    15. BANKRUPTCY: A personal bankruptcy may present legal issues in advancing Client’s claim for damages and can affect Client’s and Firm’s right to share of any financial recovery in the above-mentioned matter. Client shall notify Firm of any bankruptcy currently open or any prior bankruptcy that has been discharged/closed within the past year. Client agrees to notify Firm BEFORE initiating any future bankruptcy proceedings.


    16. CLIENT COOPERATION: Client understands and agrees that Client will cooperate with Firm during the advancement of matter. Client agrees to respond to Firm’s request for information and signing and returning of forms, questionnaires, and other papers required to advance Client’s case. Client understands that Firm cannot effectively locate and communicate with Client if Firm does not have Client’s current and accurate contact information. Client agrees to keep Firm informed of any changes to Client ‘s mailing address, phone number, email address, and name changes (marriage/divorce).


    17. WITHDRAWAL OF REPRESENTATION: Client may discharge Firm at any time. Firm may withdraw with Client’s consent or for good cause. Good Cause includes Client’s breach of this Contract, Client’s refusal to cooperate with Firm or to follow Firm’s advice on a material matter or any other fact or circumstance that would render Firm’s continuing representation unlawful or unethical.
     

    I {name}, acknowledge that I have read this agreement fully, understand its terms, and agree to them.

    /S/{name}/S/
    Client Signature (ELECTRONIC SIGNATURE)

    ​​​​Date of Signature {pleaseChoose48}

     


    _________________________
    Attorney Signature

     
     
     
     

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