LEGAL INSURANCE FULL REPRESENTATION RETAINER AGREEMENT
This Retainer Agreement ("Agreement") is entered into by and between:
ATTORNEY: Patricia A. Ames, Esq., Ames Law Group, 24 Veterans Square, Media, Pennsylvania 19063, (888) 200-1270, paa@getameslaw.com ("Attorney")
and
CLIENT: The person identified in the JotForm submission accompanying this Agreement ("Client")
Attorney and Client may be referred to individually as a "Party" and collectively as the "Parties."
State of the Matter: The state in which the Matter is pending, as identified in Client's JotForm submission (the "Matter State"). The Matter State determines certain state-specific provisions of this Agreement set forth in Section 14 below.
1. SCOPE OF REPRESENTATION
Client retains Attorney for representation in the matter identified in Client's JotForm submission (the "Matter"), subject to the scope-of-services limitations set forth in this Section.
(a) Services Included. Services may include, depending on the type and location of the Matter: drafting, reviewing, and filing of pleadings, motions, and legal documents; reviewing and compiling evidence and discovery; communications with Client, opposing parties, opposing counsel, witnesses, and experts; negotiation, mediation, and settlement discussions; court appearances (whether in person or by video conference); preparation for and attendance at trial; and all other actions reasonably necessary to pursue and resolve the Matter within the scope set forth below. Attorney is not obligated to pursue any appeal unless this Agreement is extended in writing to cover such services.
(b) In-Person Court Appearances — Geographic Limits. Attorney's in-person court appearances are limited to the following counties:
Pennsylvania: Bucks, Chester, Delaware, Montgomery, and Philadelphia; and
New Jersey: Atlantic, Burlington, Camden, Cumberland, Gloucester, Mercer, Monmouth, Ocean, Salem, and Somerset.
(c) Bankruptcy Matters (Video Conference Appearances). Attorney represents clients in bankruptcy proceedings in the following federal districts, in which appearances are conducted by video conference: the Eastern District of Pennsylvania, the Southern District of New York, the Eastern District of New York, and the District of New Jersey.
(d) Prenuptial Agreements. Attorney drafts and negotiates prenuptial agreements throughout Pennsylvania, New Jersey, and New York, as no court appearances are required.
(e) Mediation of Divorce and Custody Matters. Attorney mediates divorce and custody matters throughout Pennsylvania, New Jersey, and New York by video conference.
(f) Settlement Negotiation. Attorney negotiates settlements in matters throughout Pennsylvania, New Jersey, and New York.
(g) Limited-Scope / Paperwork-Only Assistance. For matters pending in Pennsylvania, New Jersey, or New York but outside the in-person appearance counties listed in Subsection (b), Attorney can provide limited-scope assistance, including drafting, reviewing, and filing of documents, but shall not be required to appear in court. Client shall appear pro se or retain local counsel for any required court appearances.
(h) Client Acknowledgment of Scope. Client acknowledges the geographic and service-type limits set forth in this Section and agrees that Attorney's representation is bounded accordingly. To the extent any aspect of the Matter falls outside the scope defined above, such representation is not included in this Agreement, and Client may need to retain local or additional counsel.
2. COVERAGE CONTINGENCY — INSURANCE VERIFICATION REQUIRED
This Agreement is expressly conditioned upon Attorney's successful verification, in writing, of Client's legal insurance coverage for the Matter.
(a) Representation by Client. Client represents that Client holds active legal insurance coverage through the provider identified in Client's JotForm submission (ARAG or LegalEASE), under the Plan/Case/Confirmation Number Client has provided, and that such coverage includes the type of Matter described in Section 1.
(b) Verification by Attorney. Attorney shall seek written confirmation from the insurance provider of: (i) Client's active membership status; (ii) coverage of the Matter under the plan; and (iii) the number of attorney hours approved.
(c) Null and Void if Coverage Not Verified. If the insurance provider fails to confirm coverage, denies coverage, or revokes or reduces coverage at any time — whether before or after commencement of services — then at Attorney's sole discretion: (i) this Agreement shall be null and void as to any further obligation of either Party; (ii) Attorney shall have no obligation to continue representation; and (iii) Client shall have no obligation to pay Attorney for services not yet performed. Client shall remain responsible only for fees and costs earned or advanced for services actually performed up to the date of such determination, at the hourly rate set forth in Section 3(c).
(d) No Services Prior to Verification. Except for administrative intake and coverage-verification efforts, no substantive legal services shall commence until coverage is confirmed in writing by the insurance provider.
3. FEE ARRANGEMENT
(a) Insurance-Covered Hours. Attorney will bill the insurance provider directly for legal services up to the number of hours approved by the plan, at Attorney's discounted rate of $213.75 per hour, in increments of 0.1 hours (the minimum billable unit).
(b) Request for Additional Hours. In the event the approved hours are exhausted before the Matter is concluded, Attorney will request additional hours from the insurance provider. If additional hours are approved, representation will continue under the same terms.
(c) Hourly Rate if Additional Hours Denied. If the insurance provider does not approve additional hours, Client may elect to either: (i) pay Attorney directly at the hourly rate of $213.75 per hour for all time thereafter, with fees due upon receipt of each monthly statement; or (ii) consent to Attorney's withdrawal from the Matter, in which case Client agrees to cooperate in the transition of the file to successor counsel or to pro se representation.
(d) Credit Card Processing Fee. All credit card payments are subject to a 3% processing fee.
(e) One-Time Legal Research Fee. A one-time legal research fee of $50 may be charged for matters requiring formal online or print legal research.
(f) Modification of Rate. If this Matter remains open beyond twelve (12) months from the date of this Agreement, Attorney reserves the right to adjust the hourly rate in Section 3(c) to the firm's then-prevailing rate, upon thirty (30) days' written notice to Client.
4. FEES AND EXPENSES NOT COVERED BY INSURANCE
Client is responsible for all fees, costs, and disbursements not covered by the insurance provider, including but not limited to: court filing fees; sheriff's service and process service fees; jury demand fees; expert witness fees; deposition and transcript costs; recording and certification fees; postage, delivery, and courier charges; photocopy and document production costs; and any other reasonable disbursements incurred on Client's behalf.
5. COST DEPOSIT / RETAINER
(a) Client shall deposit any anticipated initial costs (such as court filing fees and service fees, as quoted by Attorney) into Attorney's trust account (IOLTA) at the time of signing. Client authorizes Attorney to deduct costs and expenses from trust as incurred.
(b) Client agrees to replenish the cost deposit when exhausted. Client understands and agrees that non-covered services and costs will not continue unless Client replenishes funds in advance.
(c) Any unused portion of the cost deposit will be refunded to Client at the conclusion of representation.
6. STATEMENTS, INTEREST, AND TIMELY PAYMENT
(a) Monthly Statements. Attorney will render itemized monthly statements tracking insurance-covered hours, excess hours billed to Client (if any), and costs. Client must advise Attorney of any disputed charge within ten (10) days of receipt of the statement, or such charge shall be deemed accepted.
(b) Interest. Any balance not paid within thirty (30) days of the statement date shall bear interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by the law of the Matter State, on the declining balance.
(c) Final Balance. Any balance remaining at the conclusion of representation shall be paid promptly upon delivery of the final statement.
7. PAYMENT OF FEES AND COLLECTION
(a) Primary Obligation. All fees and disbursements not paid by the insurance provider are Client's primary individual obligation, regardless of any court order directing another party to pay fees. Any fees actually received from an adverse party shall be credited against Client's balance.
(b) Non-Payment. If Attorney must bring suit or otherwise expend time to collect amounts due, Client shall be responsible for Attorney's reasonable collection costs and attorneys' fees at the firm's then-prevailing rates, subject to any pre-action notice or fee arbitration rights set forth in Section 14.
(c) Attorney's Lien. Attorney shall have a retaining lien on all documents, files, and property of Client in Attorney's possession, and a charging lien on any recovery in the Matter, to the fullest extent permitted by the law of the Matter State, to secure payment of all sums due.
8. RIGHT TO WITHDRAW
Attorney may withdraw from representation in accordance with the Rules of Professional Conduct of the Matter State (specifically, RPC 1.16 or its equivalent) and applicable court rules. Grounds for withdrawal include: (a) Client's failure to make any required payment; (b) Client's misrepresentation or failure to disclose material facts; (c) Client's failure to cooperate or respond to Attorney's communications; (d) Client's insistence on any action Attorney reasonably believes is illegal, unethical, or inconsistent with Attorney's professional obligations; (e) Client's dishonesty with Attorney, the court, or any other party; (f) denial by the insurance provider of additional hours together with Client's election not to pay directly under Section 3(c)(i); (g) irreconcilable disagreement as to strategy or decision-making; or (h) any other reason permitted under the applicable Rules of Professional Conduct.
Client may discharge Attorney at any time, with or without cause. In either event, Client remains responsible for all fees earned and costs advanced through the effective date of withdrawal or discharge, including reasonable time expended to transfer the file to successor counsel or to seek court permission to withdraw.
9. NO GUARANTEES
Attorney makes no promises, representations, or guarantees regarding the outcome of the Matter. Any discussion of likely outcomes is based solely on Attorney's experience and professional judgment and is not a guarantee. Client's obligation to pay earned fees is not affected by the ultimate result of the Matter.
10. DUTIES AND CONDUCT
Attorney's Duty. Attorney shall exert reasonable best efforts to represent Client diligently and competently within the bounds of the law and the Rules of Professional Conduct of the Matter State.
Client's Duties. Client agrees to: (a) promptly furnish Attorney with all information and documents relevant to the Matter; (b) be absolutely truthful with Attorney; (c) follow Attorney's reasonable advice or promptly notify Attorney of any disagreement; (d) not sign any document relating to the Matter without Attorney's prior review; (e) notify Attorney immediately of any court notice, pleading, or communication from opposing party or counsel; (f) notify Attorney immediately of any change of address, phone number, email, or other contact information; (g) maintain active membership and coverage with the insurance provider for the duration of the Matter and immediately notify Attorney of any change in coverage status; and (h) cooperate reasonably with Attorney's handling of the Matter.
11. COMMUNICATION AND AVAILABILITY
Client will receive copies of all pleadings and non-routine correspondence initiated or received by Attorney on Client's behalf. Attorney shall be reasonably available for telephone conferences and meetings during normal business hours. If Attorney is unavailable due to a prior or superseding engagement, Attorney shall make reasonable efforts to (i) communicate with Client as soon as practicable, and (ii) arrange for covering counsel where appropriate.
12. DECISION-MAKING
Substantive decisions — including whether, when, and how to settle — will be made by Client, after Attorney's advice regarding likely outcomes and risks. Procedural decisions — including how to proceed in court, in negotiations, and in management of the file — will be made primarily by Attorney. Client acknowledges the availability of alternative dispute resolution (mediation, arbitration) and agrees to consider such options where appropriate.
13. GOVERNING LAW AND EXCLUSIVE VENUE
(a) Governing Law — Professional Conduct. Attorney's obligations under this Agreement, and all questions of professional conduct, shall be governed by the Rules of Professional Conduct and applicable statutes of the Matter State.
(b) Governing Law — Contract Interpretation. Except as set forth in Subsection (a), this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.
(c) Exclusive Venue for Litigation. Any and all litigation between Client and Attorney arising from or related to this Agreement or the attorney-client relationship — including any action to collect fees, any claim of professional negligence, or any other dispute — shall be brought exclusively in the Delaware County Court of Common Pleas or the Magisterial District Court serving Media, Pennsylvania (19063). Both Parties consent to the personal jurisdiction of these courts and agree that venue is proper only in Delaware County, Pennsylvania for any such litigation.
(d) Preservation of Fee Arbitration Rights. Nothing in this Section 13 waives or limits any non-waivable right Client may have under the Matter State's mandatory or pre-suit fee arbitration rules, as set forth in Section 14. The exclusive-venue provision in Subsection (c) applies only to matters that proceed to litigation after any applicable fee arbitration process has concluded or been waived by Client.
(e) Scope. This venue provision governs disputes between Attorney and Client only; it does not limit the venue of the underlying Matter described in Section 1.
14. STATE-SPECIFIC PROVISIONS
The following provisions apply based on the Matter State. Only the block corresponding to the Matter State applies.
IF MATTER STATE = PENNSYLVANIA:
14-PA.1 Attorney's professional conduct is governed by the Pennsylvania Rules of Professional Conduct, including without limitation PA RPC 1.2, PA RPC 1.5, and PA RPC 1.16.
14-PA.2 Should any dispute arise regarding fees or costs, Attorney and Client agree to first attempt resolution through the Pennsylvania Bar Association Fee Dispute Resolution Program or the Delaware County Bar Association Fee Dispute Committee, where available and where both Parties agree to participate.
14-PA.3 Disputes other than fee disputes shall be addressed first through good-faith negotiation, then through non-binding mediation, before resort to litigation as provided in Section 13.
IF MATTER STATE = NEW JERSEY:
14-NJ.1 Attorney's professional conduct is governed by the New Jersey Rules of Professional Conduct, including without limitation RPC 1.2, RPC 1.5, and RPC 1.16.
14-NJ.2 Pre-Action Notice of Right to Fee Arbitration (R. 1:20A-6). Client has the right to fee arbitration under New Jersey Court Rule 1:20A. Before Attorney institutes any action to recover a fee from Client, Attorney shall serve Client with a Pre-Action Notice in the form required by R. 1:20A-6, advising Client of the right to request fee arbitration within thirty (30) days. Client's failure to timely request fee arbitration after receipt of such notice shall constitute a waiver of that right.
14-NJ.3 Entire Controversy Doctrine. Client acknowledges that under New Jersey's Entire Controversy Doctrine (R. 4:30A), all claims arising out of the same transaction or series of transactions may be required to be asserted in a single proceeding or be barred. Attorney and Client have discussed the scope of the Matter in light of this doctrine.
14-NJ.4 Disputes other than fee disputes shall be addressed first through good-faith negotiation, then through non-binding mediation, before resort to litigation as provided in Section 13.
IF MATTER STATE = NEW YORK:
14-NY.1 Attorney's professional conduct is governed by the New York Rules of Professional Conduct, including without limitation RPC 1.2, RPC 1.5, and RPC 1.16.
14-NY.2 Written Engagement Letter (Part 1215). This Agreement is provided in compliance with 22 NYCRR Part 1215.
14-NY.3 Notice of Right to Fee Arbitration (Part 137). Client has the right, in disputes involving fees between $1,000 and $50,000 in covered civil matters, to fee arbitration under 22 NYCRR Part 137. Before Attorney institutes any action to recover a fee, Attorney shall serve Client with a Notice of Client's Right to Arbitrate in the form required by Part 137, and Client shall have thirty (30) days from receipt of such notice to elect arbitration. Failure to timely elect shall constitute a waiver of the right under Part 137.
14-NY.4 Domestic Relations Matters (Part 1400). If the Matter is a matrimonial or domestic relations action, the additional requirements of 22 NYCRR Part 1400 apply, including: (i) a written retainer agreement (this document); (ii) delivery of the Statement of Client's Rights and Responsibilities and the Statement of Client's Rights Regarding Matrimonial Actions; and (iii) itemized billing at least every sixty (60) days. Any arbitration of fees in a domestic relations matter shall be conducted under Part 1400's arbitration provisions, not Part 137.
14-NY.5 Disputes other than fee disputes shall be addressed first through good-faith negotiation, then through non-binding mediation, before resort to litigation as provided in Section 13.
15. ENTIRE AGREEMENT; AMENDMENT
This Agreement constitutes the entire understanding between the Parties regarding the Matter and supersedes all prior oral or written communications, representations, or agreements. No amendment or modification shall be effective unless made in writing and signed by both Parties.
16. SEVERABILITY
If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
17. ELECTRONIC SIGNATURE AND COUNTERPARTS
This Agreement may be executed electronically and in counterparts. A signature delivered by electronic means (e.g., JotForm e-signature, DocuSign, Dropbox Sign, or PDF signature) shall have the same force and effect as an original ink signature.
18. CLIENT RIGHTS AND RESPONSIBILITIES
Client acknowledges receipt of the Statement of Client Rights and Responsibilities set forth at the end of this Agreement. For New York domestic relations matters, Client also acknowledges receipt of the Statement of Client's Rights Regarding Matrimonial Actions provided separately.
19. INFORMED CONSENT AND ACKNOWLEDGMENT
Client has read the entire Agreement, understands its terms, and knowingly and voluntarily agrees to retain Ames Law Group to represent Client in the Matter described above. Client specifically acknowledges and agrees to: (1) the coverage-contingency provisions of Section 2, under which this Agreement shall be null and void in the event the insurance provider fails to verify or confirm coverage; (2) the exclusive-venue provisions of Section 13, under which litigation between Attorney and Client shall be brought only in Delaware County, Pennsylvania; and (3) the state-specific provisions of Section 14 applicable to the Matter State.
Client has had the opportunity to review this Agreement and to consult with independent counsel regarding its terms before signing.
STATEMENT OF CLIENT RIGHTS AND RESPONSIBILITIES
CLIENT RIGHTS
Clients have the right to have their attorneys diligently advocate their interests within the bounds of the law and legal ethics.
Clients have the right to have the fee arrangement fully and completely explained prior to entering into any agreement for services.
Clients have the right to a written retainer agreement describing the financial terms of the relationship between Client and Attorney.
Clients have the right to refuse to enter into any unacceptable fee arrangement or modification.
Clients have the right to be provided information as to the attorney(s) primarily responsible for their matter and any other legal staff working on the matter.
Clients have the right to be provided bills on a regular basis, itemized as to charges and time spent.
Clients have the right to be informed of and be present at any court proceeding involving their case, unless otherwise directed by the court.
Clients have the right to be provided copies of all documents presented to the court by any party in their matter, unless otherwise ordered by the court.
Clients have the right to be afforded reasonable access to their attorney.
Clients have the right to make the final decision as to whether, when, and how to settle their case and as to economic and other positions to be taken.
Clients have the right to participate in alternative dispute resolution, including mediation and arbitration, rather than traditional litigation.
CLIENT RESPONSIBILITIES
Clients shall provide full and accurate information to their attorney regarding their matter.
Clients shall be available to participate in a timely fashion and to respond reasonably to requests from counsel.
Clients shall advise their attorney promptly of any change in their life that might reasonably affect the handling of the matter.
Clients shall pay for legal services rendered on their behalf within the time period set forth in the retainer agreement.
Clients shall diligently review all bills and raise any objections within a reasonable time.
Clients shall not take any position in their matter for any improper purpose, such as to delay proceedings or intentionally increase costs to other litigants.
Clients shall not seek to use their attorney for any improper means.
Clients recognize and accept responsibility for the costs associated with any action initiated or requested by the client.
Clients shall provide sufficient time for their attorney to explain the financial and legal ramifications of potential actions, and shall reasonably consider the advice of counsel.
Patricia A. Ames, Esq.
Ames Law Group
Effective Date shall be the date of the client’s submission.