CONTRACT & POWER OF ATTORNEY

 

1. The parties to this contract are  {name} (“Client(s)”) (“you”) and TAMARI LAW GROUP, LLC (“Attorneys”) (“us”) (“we”). 

 

PURPOSE OF REPRESENTATION

2. Attorneys will represent Client(s) in dispute(s) for violations of the Fair Credit Reporting Act and other viable claims against certain credit bureaus and any other liable parties (the “Defendant”). You authorize Attorneys to associate with other lawyers and law firms where we deem necessary. You also agree that we may file a complaint at law in a jurisdiction other than your home state where we deem the same necessary, and you agree to cooperate in the prosecution of the case.

3.  Attorneys will not handle any other issues, claims, remedies or actions, including lawsuits filed against you (such as to collect a debt). If any such issues arise, Attorneys may, in their sole discretion, offer representation in those matters or assist you with a lawyer referral. Attorneys are authorized at their own discretion to handle any post-judgment matters related to this case, such as appeals or collection issues associated with this case. A decision to handle any appeal or post-judgment matter will be made by Attorneys on a case-by-case basis should such a matter arise and Client(s) will be advised as to the same.

4.  We will not charge you for Attorneys’ Fees, other than under the circumstances outlined in paragraph 13 below. Attorneys may pursue your claim(s) under statutory and/or common law theories that allow Client(s) to recover Attorneys’ fees from the defendant if the claim is successful. For each settlement under such claim(s), arbitration award or verdict, Attorneys shall receive compensation calculated according to the number of hours spent on the case at the rates set forth below (the “traditional lodestar method”). Attorneys’ billing rates are as listed in “Exhibit A,” attached hereto.

5.   In the alternative, Attorneys may, for any particular claim(s), elect compensation based upon forty percent (40%) of the Gross Fund obtained for such claim(s). “Gross Fund” shall mean the total amount of money that is recovered under such claim(s), including damages, fees, costs and the amount of any waiver (or partial waiver) of any alleged financial obligation.

6.  You have agreed to remain responsible for all litigation costs associated with the prosecution of your case. These costs include, but are not limited to: The cost of filing your complaint, costs to serve your complaint on the Defendant(s), consultant and expert fees, legal research costs and deposition costs. These costs will be deducted from any settlement funds due you and you will not be required to pay them throughout the litigation process. You give Attorneys the power to deduct all “costs” that have been incurred in your representation from any settlement check.

7.  You have been advised by Attorneys that in most circumstances, your monetary compensation will be limited to the recovery of “statutory” damages, the maximum amount of which is set by law. (Actual damages that can be proven by competent and admissible evidence may also be recoverable, if applicable to your case). You have also been advised not every case is worth the statutory maximum and that Client(s) may be advised to accept a settlement amount that is less than the maximum. But you have also been advised that the decision to settle or not is yours alone, subject to the provisions of paragraph 13 below.

CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT IN MOST CIRCUMSTANCES, AS A RESULT OF CLIENT’S MAXIMUM RECOVERY BEING SET BY LAW, THE AMOUNT OF FEES RECOVERED BY ATTORNEYS FROM THE DEFENDANT(S) (OR OTHER LIABLE PARTIES) MAY BE SIGNIFICANTLY GREATER THAN THE AMOUNT RECOVERED BY CLIENT.

8.   We will not charge you for Attorneys’ Fees if You Lose Your Case. IN THE EVENT OF NO RECOVERY FOR CLIENT(S), ATTORNEYS SHALL HAVE NO CLAIM AGAINST CLIENT(S) FOR ATTORNEYS’ FEES FOR SERVICES RENDERED. In the event of no recovery, Attorneys will also have no claim against Client for legal expenses or costs. You are advised that if you lose your case, Client may be responsible for the court costs incurred by Defendant(s).

9.    Client understands that Attorneys have made no promises regarding the outcome of the case. Client understands that Attorneys will investigate the case and may file a lawsuit. Client further understands that Attorneys may need to conduct further investigation (s) after a lawsuit is filed. If at any point Attorneys are of the opinion that the claim does not have merit, Attorneys will have the right to seek withdrawal as counsel and to cancel this Fee Agreement. Client(s) also hereby grant Attorneys the power to dismiss the lawsuit, without prejudice, if Client becomes unavailable and/or unresponsive to e-mail and telephonic messages, as determined by Attorneys, subject to the provisions of paragraph 13 below.

10.   You agree to keep Attorneys advised of your whereabouts at all times; to cooperate in the prosecution of your claims; to appear, upon reasonable notice, for depositions and/or court appearances; and, to comply with all reasonable requests made in connection with the preparation and presentation of the claims. Further, by affixing your signature to this contract, you make an affirmative statement that you are not presently in Bankruptcy. In the event you decide to file a petition for Bankruptcy while your case against the Defendant(s) is an open case in Attorneys’ office, you agree to inform Attorney promptly of your intention to file Bankruptcy.

11.   In the event of settlement or verdict, you authorize Attorneys to endorse all checks related to this case and made payable to Client(s) to Attorneys’ Client trust accounts for the purpose of expediting the resolution of the case. After any funds have been deposited into the Attorneys’ client trust account and have cleared the bank, a separate check for the amounts previously agreed upon or awarded by the Court will be sent to you. You further understand that any proceeds you receive related to the Representation, and/or any waiver of an amount in excess of $600.00 of any debt allegedly owed by Client that is waived by the Defendant related to the Representation, may be subject to applicable taxes and may require the issuance of tax-related documentation to Client. Client understands and acknowledges that Attorneys are not tax attorneys and have provided Client with no advice with regard to any potential tax consequences resulting from the Representation set forth herein.

12.   By providing Attorneys with an e-mail address, you agree that Attorneys may communicate with you via e-mail. Attorneys will email Client details as to the status of the case and/or send relevant documents for review via e-mail. However, e-mail will not be used as an exclusive means of communication and Attorneys will always welcome any phone calls, letters, or other means of communication.

13.   Client will owe Attorneys’ fees under the following circumstances:

(1)  If you become unresponsive or otherwise act in a manner such that Attorneys must withdraw from the case under applicable ethical rules;
 
(2)  if you enter into any agreement with the Defendant that does not require the Defendant to pay in full the reasonable Attorneys’ Fees and Costs incurred by Attorneys in their representation of Client, without having received a written waiver from Attorneys for the entitlement to such Fees and Costs; or,
 
(3)  if you have made or do make any material misrepresentations of fact about the case.

14.   Direct expenses are those expenses that benefit only the Client in the Client’s individual case. Examples of such direct expenses include, but are not be limited to, payment for Client’s medical records and bills, copying of Client’s case file, payments to doctors and other health care providers for medical services provided to Client (if any), expert fees associated with determining Client’s lost income or property value. Direct expenses will not be shared with any other clients.

 You are aware that at any time you may choose to obtain different representation and terminate Attorneys’ representation. In the event of such termination or a breach of the Agreement, you acknowledge that Attorneys may file a lien on your case to recover the reasonable value of services provided by Attorneys should you ultimately obtain a recovery in this matter. Should you not ultimately obtain a recovery in this matter, you will not be liable to Attorneys for fees incurred.

 

Exhibit "A"

For TAMARI LAW GROUP, LLC

 

Hourly Rates are $750 for Partner Attorneys, $350 for Associate/ Of-Counsel Attorneys and $150 for Legal Assistants.  

PRINTED NAME: {name}
SSN (Last 4 Digits): 
EXECUTED effective on this day {pleaseChoose48}
CLIENT SIGNATURE: