• STATEMENT OF CLIENT'S RIGHTSFOR CONTINGENCY FEES

  • Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
  • 1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with 1 lawyer you may talk with other lawyers.

  • 2. Any contingent fee contract must be in writing and you have 3 business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within 3 business days of signing the contract. If you withdraw from the contract within the first 3 business days, you do not owe the lawyer a fee although you may be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the 3-day period, you may have to pay a fee for work the lawyer has done.

  • 3. Before hiring a lawyer, you, the client, have the right to know about the lawyer's education, training, and experience. If you ask, the lawyer should tell you specifically about the lawyer's actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.

  • 4. Before signing a contingent fee contract with you, a lawyer must advise you whether the lawyer intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, the lawyer should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least 1 lawyer from each law firm must sign the contingent fee contract.

  • 5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract that includes the new lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.

  • 6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.

  • 7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money that you might have to pay to your lawyer for costs and liability you might have for attorney's fees, costs, and expenses to the other side.

  • 8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the

  • amount recovered, all expenses, and a precise statement of your lawyer's fee. Until you approve the closing statement your lawyer cannot pay any money to anyone, including you, without an appropriate order of the court. You also have the right to have every lawyer or law firm working on your case sign this closing statement.

    9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer's ability.

    10. You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.

    11. If at any time you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 850/561-5600, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit, unless your fee contract provides for arbitration. You can request, but may not require, that a provision for arbitration (under Chapter 682, Florida Statutes, or under the fee arbitration rule of the Rules Regulating The Florida Bar) be included in your fee contract.

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  • ANTHONY J. TINELLI
    TINELLI FERNANDEZ, PLLC
    2600 South Douglas Road, Suite 302
    Coral Gables, Florida 33134
    Telephone: (305)735-3800
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  • RETAINER AGREEMENT

  • _________________________________________________________________("CLIENT(S)") retain(s) and employ(s) TINELLI FERNANDEZ as CLIENT'S attorneys to represent CLIENT(S) in a claim for damages against ____________________________________________________________________________________, or any other person, firm, corporation or other entity liable therefore, for damage to the property located at ____________________________________________________________________________________, including all buildings and other structures located thereon caused by ____________________________________, which occurred

  • Date of Loss*
     - -
    2 digit month, 2 digit day, 4 digit year
  • Attorneys' Fees: CLIENT(S) acknowledge(s) and agree(s) that any attorney's fees are wholly contingent upon TINELLI FERNANDEZ'S ability to recover insurance benefits owed to CLIENT(S). CLIENT(S) acknowledge and agrees that any entitlement TINELLI FERNANDEZ has to recover its attorney's fees is wholly contingent upon TINELLI FERNANDEZ'S ability to recover insurance benefits owed to CLIENT(S), the manner in which attorney's fees are paid depends upon the following:

    (i) If this matter is settled or resolved prior to filing a lawsuit or petition for binding arbitration: as compensation for their legal services in connection with the Claim, TINELLI FERNANDEZ will be entitled to recover 15% of all gross insurance benefits paid or any amount for attorney's fees and costs directly settled with the Insurance Company, whichever is greater. The order of recovery in this scenario is as follows: (i) all insurance proceeds after application of all deductibles; (ii) attorney's fees; (iii) costs; (iv) CLIENT(S).

    (ii) If this matter is settled after filing a lawsuit or petition for binding arbitration, but prior to mediation or other form of alternative dispute resolution: as compensation for their legal services in connection with the Claim, TINELLI FERNANDEZ will be entitled to recover 22.5% of all gross insurance benefits paid or any amount for attorney's fees and cost, which might be available by operation of Statute, Rules of Court or Contract which directly settled with the Insurance Company or awarded by Court, whichever is greater. The order of recovery in this scenario is as follows: (i) all insurance proceeds after application of all deductibles; (ii) attorney's fees; (iii) costs; (iv) CLIENT(S).

    (iii) If this litigated matter is settled after an impasse is reached at mediation or the expiration of the notice of trial de novo period following non-binding arbitration, but prior to the first trial period set by the Court - as compensation for their legal services in connection with the Claim, TINELLI FERNANDEZ will be entitled to recover 27.5% of all gross insurance benefits paid or any amount for attorney's fees and cost, which might be available by operation of Statute, Rules of Court or Contract which directly settled with the Insurance Company or awarded by Court, whichever is greater. The order of recovery in this scenario is as follows: (i) all insurance proceeds after application of all deductibles; (ii) attorney's fees; (iii) costs; (iv) CLIENT(S).

    (iv) If this litigated matter is settled at any time during trial - as compensation for their legal services in connection with the Claim, TINELLI FERNANDEZ will be entitled to recover 33% of all gross insurance benefits paid or any amount for attorney's fees and cost, which might be available by operation of Statute, Rules of Court or Contract which directly settled with the Insurance Company

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  • or awarded by Court, whichever is greater. The order of recovery in this scenario is as follows: (i) all insurance proceeds after application of all deductibles; (ii) attorney's fees; (iii) costs; (iv) CLIENT(S).

    If there should be no recovery obtained by TINELLI FERNANDEZ, whether after a complete investigation by TINELLI FERNANDEZ or after a trial, final ruling or appeal, CLIENT(S) will not be responsible for repayment of any such attorney's fees.

  • Litigation Costs: TINELLI FERNANDEZ will advance all court costs and expenses of investigation and litigation as allowed by the Rules Regulating the Florida Bar once litigation is commenced against the insurance companies. If there should be no recovery obtained by TINELLI FERNANDEZ, whether after a complete investigation by the firm or after a trial or appeal, CLIENT(S) will not be responsible for repayment of any such court costs and expenses expended by TINELLI FERNANDEZ. Should CLIENT(S) direct TINELLI FERNANDEZ to voluntarily dismiss the case or retain new counsel, CLIENT(S) agree to reimburse TINELLI FERNANDEZ for all advanced court costs and expenses of investigation and litigation, unless TINELLI FERNANDEZ agrees otherwise. Any such waiver of TINELLI FERNANDEZ'S right to recovery of for all advanced court costs and expenses of investigation and litigation must be reduced to writing.

  • Appraisal Costs, If Applicable (During Litigation and Before Litigation): Most insurance policies provide for an alternative means of resolving a claim and might require the parties to submit the dispute to Appraisal. The policies and Florida law are clear: the costs associated during appraisal shall be paid by the parties, i.e. the insured/homeowner and the carrier, not the attorneys. In other words, this is a cost that CLIENT(S) are responsible for paying, not a cost for which TINELLI FERNANDEZ is permitted to advance, pay, or recover from the insurance companies. This process typically determines the cause and amount of damage sustained to the property. The appraisal panel cannot determine any issues surrounding coverage or the interpretation of law. The decision of the appraisal panel is binding on the parties.

  • Other Terms of Employment: CLIENT(S) understand(s) that this type of litigation is extremely time consuming and may be highly problematic with regard to the chances of success. CLIENT(S) further understand(s) that these cases take many months to analyze, gather information and study. For these reasons, CLIENT(S) recognize(s) the right of TINELLI FERNANDEZ to withdraw from its case and return the file to Client at TINELLI FERNANDEZ'S sole and independent discretion whenever TINELLI FERNANDEZ is of the opinion that the chances for success do not justify going forward. In addition, CLIENT(S) understand(s) that the attorneys will have a right to withdraw from its case at TINELLI FERNANDEZ'S discretion and pursuant to the Rules Regulating the Florida Bar if CLIENT(S) fail(s) to provide accurate information about any fact relevant to its case or if CLIENT(S) fail(s) to disclose material facts regarding its case.

  • Contractor, Mitigation Company or Public Adjuster ("Referral"): CLIENT(S) understand(s) and acknowledge(s) that if they were referred to TINELLI FERNANDEZ by a Contractor, Mitigation Company or Public Adjuster, TINELLI FERNANDEZ has a relationship with that Referral and it is likely that TINELLI FERNANDEZ has represented the Referral in the past, including other customers of the Referral. The Referral may also have a financial interest in the outcome of the matter for their services as previously agreed upon between the CLIENT(S) and the Referral, under a separate contract. It is understood that TINELLI FERNANDEZ abides by the Rules Regulating The Florida Bar, and should a conflict of interest arise, TINELLI FERNANDEZ will take all necessary steps as required by the Rules Regulating The Florida Bar.

  • Arbitration: In the event that a disagreement or controversy arises between CLIENT(S) and TINELLI

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  • FERNANDEZ relating to their representation, the terms and provisions of Retainer Agreement or any other aspect of their relationship, then such disagreement or controversy shall be settled by binding arbitration in accordance with Chapter 682 of the Florida Statutes, the Florida Arbitration Code. When such disagreement arises, any party may make a written demand for arbitration. In this event, the matter shall be arbitrated by one (1) arbitrator randomly selected by the arbitration company. Venue shall be in Dade County, Florida. Each party will: (1) pay the expenses they incur; and (2) bear the expenses of the arbitrator equally. Unless both parties agree otherwise, the arbitration will be held in Dade County, Florida and local rules of law as to the procedure and evidence will apply. A decision issued by the arbitrator will be binding.

  • NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.

  • No Guarantee of Results: CLIENT(S) acknowledge(s) that no guarantees by TINELLI FERNANDEZ have been made or intended about the disposition of the legal matter which is the subject of the representation engaged under this Agreement and that any expressions about the merits of CLIENT(S) legal matter or any results possible from this representation are only opinions of counsel and that no particular outcome has been promised or implied.

  • Termination of Retainer Agreement: This contract may be cancelled by written notification to the attorney at any time within 3 business days of the date the contract was signed, as shown below, and if cancelled the client shall not be obligated to pay any fees to the attorney for the work performed during that time. If the attorney has advanced funds to others in representation of the CLIENT(S), the attorney is entitled to be reimbursed for such amounts as the attorney has reasonably advanced on behalf of the client.

  • Limited Power of Attorney: CLIENT(S) acknowledge(s) that under some circumstances payment of insurance proceeds may be made to CLIENT(S) and TINELLI FERNANDEZ jointly. Should any such be used to pay TINELLI FERNANDEZ for their attorney's fees as agreed upon, the CLIENT(S) authorize(s) TINELLI FERNANDEZ to fully endorse the payment and deposit into TINELLI FERNANDEZ'S IOATA Trust Account. Once the funds clear, TINELLI FERNANDEZ shall disperse funds in accordance with this Retainer Agreement.

  • Entire Agreement: This agreement sets forth the entire understanding between the parties and supersedes all previous agreements, arrangements and understandings between the parties, whether oral or written, pertaining to the representation contracted for herein.

  • Savings Clause: In the event that any of the terms or provisions of this Agreement are declared invalid or unenforceable by any Court of competent jurisdiction or any other governing body with authority over the subject matter hereof, the remaining terms and provisions that are not affected thereby shall remain in full force and effect.

  • Statement of Client Rights: The undersigned CLIENT(S) have, before signing this contract, received and read the statement of client's rights and understands each of the rights set forth therein. The undersigned CLIENT(S) have signed the statement and received a signed copy to refer to while being represented by the undersigned attorney(s).

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  • Format: (000) 000-0000.
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  • ANTHONY J. TINELLI
    TINELLI FERNANDEZ, PLLC
    2600 South Douglas Road, Suite 302
    Coral Gables, Florida 33134
    Telephone: (305)735-3800
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