— Attorneys At Law —
THE CONSUMER LAWYERS
CONTRACT FOR REPRESENTATION
*IF THERE IS NO MONEY RECOVERED, I SHALL OWE NOTHING TO THE FIRM AS A FEE OR COST FOR THEIR SERVICES*
* I WILL NEVER HAVE TO PAY THE CONSUMER LAWYERS ANY MONEY OUT OF POCKET IF MY CASE IS UNSUCCESSFUL FOR SOME REASON. THE CONSUMER LAWYERS WILL ONLY EVER GET PAID IF THEY RECOVER MONEY FOR MY CASE, IN WHICH EVENT THEY WOULD KEEP AN HOURLY FEE AND RECUPERATE THE COSTS AS OUTLINED BELOW. IN OTHER WORDS, THIS PROCESS IS “RISK FREE” FOR ME AS FAR AS FINANCIAL OBLIGATIONS TO THE CONSUMER LAWYERS GO*
If a recovery is made, I the “Client” shall be obligated to pay The Consumer Lawyers, “The Firm” a fee. Client understands and agrees that a successful outcome of the case may result in recovery to Client of less than the $1,000 statutory damages as pronounced by the Fair Debt Collection Practices Act (“FDCPA”) and/or the Florida Consumer Collection Practices Act (“FCCPA”). Client further understands and agrees that the fees recovered by The Firm may greatly exceed any recovery by Client.
Prior to any final settlement the Client will be consulted by The Firm concerning the terms and amount of settlement. The fee, as stated above, will be calculated on an hourly basis.
FEES If my case is successful and there is money recovered, I agree to pay The Firm based upon an hourly rate of $ 500.00 dollars per hour. The hourly rate includes, but is not limited to, time spent for client conferences, telephone calls, review of documents, legal research, letter drafting, negotiations, hearing preparation, and discovery. All billings will be a minimum of one-fourth of an hour (.025).
COSTS I also acknowledge that The Firm will deduct costs from my share of the recovery after the contingency fee has been calculated. I understand and agree that I am only obligated pay costs if there is a recovery in this claim. Said costs shall include, but are not limited to, cash and non-cash expenditures for: investigator mileage to and from any initial sign up meeting, court filing fees, medical records charges, experts, mediation fees, subpoenas and deposition costs, witness fees, long-distance telephone calls, facsimiles, photocopies, postage, in-house printing, travel, parking, investigative services and all other costs necessary for proper performance of legal services, and that such costs shall bear interest at the rate of 1.5% per month. In the event that The Firm withdraws from the case, The Firm reserves the right to be reimbursed for said costs if a recovery is made by another firm.
Typical costs in a case of this nature may include, for example purposes only, $405 for filing the lawsuit and $150 per Defendant for service of process. If a monetary recovery is made in my case, The Firm would deduct these costs from my portion of the settlement. If there is no recovery, or the recovery is less than the total amount of costs, I would not owe The Firm any money.
GENERAL PROVISIONS If The Firm wishes to co-counsel with another attorney or law firm to provide legal services on my behalf, they have my authority to do so, provided any fee paid to such attorney is paid by The Firm and does not in any way increase my fees as set forth above. If The Firm does associate with co-counsel that is not already listed in Section IV below, The Firm will inform me in writing of any attorneys’ fees split(s) with such associated lawyers or law firms. I agree that preparation and trial of my lawsuit will be handled at the sole discretion of The Firm. I also agree to all reasonable requests by The Firm to aid in the investigation of this claim including responding timely to telephone calls, emails, correspondence, and requests for information and documents; assisting in discovery, disclosure, and trial preparation; cooperating in scheduling and related matters; and informing The Firm of any changes in my physical and email addresses and telephone numbers. I understand that this is a contingent fee contract and, if no recovery is made, I will not be obligated to pay attorney’s fees or costs. I agree that upon written notice, The Firm may terminate their representation under the terms of this agreement.
ASSOCIATION WITH LEGAFI LAW LLC I understand and consent to The Firm associating with LegaFi Law LLC (“LegaFi”) regarding the client’s FCRA case(s) (“case”) and that the legal fee described above in Section I shall be split so that 75% of any attorneys recovered shall go to The Consumer Lawyers, PLLC and 25% of any attorney fees recovered shall go to LegaFi. I understand that in no event, however, shall I incur any additional legal fees or charges by virtue of the aforesaid attorney association. The Firm and LegaFi shall assume joint legal responsibilities to me for the performance of legal services and will be available for consultation with me. It is agreed that the only person(s) represented by The Firm and LegaFi is/are the person(s) signing this agreement as set forth in the capacity below.
LIMITATION OF REPRESENTATION This contract applies only to the incident involving myself as Plaintiff against the entity(s), Defendant(s), discussed with The Firm and described in the intake. If the Defendant is collecting a legitimate debt, I understand that they or another entity such as the original creditor or other Debt Collector, may file a separate lawsuit or counter-claim concerning this case. I understand that The Firm advises me to obtain counsel and not try to represent myself. If I am unsure of the extent of my attorney’s representation in this matter, it is my obligation to seek clarification on this issue. Any assistance provided by The Firm in these areas or other areas is not to be considered a waiver of this provision but is recognized solely to be a courtesy extended by the lawyer. It is agreed that the only person represented by The Firm is the person or entity signing this agreement as set forth below in the capacity set forth below. Any person not signing this contract is not represented by the lawyer or law firm set forth below.
STATEMENT OF CLIENT’S RIGHTS The Client has, in conjunction with this Contract of Representation, also received and read the “Statement of Client’s Rights” and understands each of the rights set forth therein. The undersigned Client has signed the Statement and has received, or will be receiving, a signed copy to keep while being represented by the undersigned attorneys.
LIMITED POWER OF ATTORNEY FOR SETTLEMENT I give The Firm limited Power of Attorney to sign any settlement documents and/or check for settlement or a Release. (If The Firm does endorse a check for the Client, the check will be deposited in a trust account and the Client will be written a check prior to The Firm taking out their fees and costs for services).
CONTACT I understand and agree that The Firm may contact me at any phone number (including mobile, cellular/wireless or similar devices) or email address I provide at any time, for any lawful purpose. The ways in which The Firm may contact me include live operator, automatic telephone dialing systems (auto-dialer), prerecorded message, text messaging systems or email. I understand that this authorization overrides any previous registrations on any federal or state Do Not Call registry(ies). Phone numbers and email addresses I provide include those I give to The Firm, those from which I contact The Firm or which is obtained through other means. I also understand and agree that The Firm may monitor/and or record any of my phone conversations with The Firm representatives.
MEDIA AND ADVERTISEMENT I provide my consent or The Firm, LegaFi, and their employees to publish the results of my case including, without limitation, trial verdicts, arbitration awards, settlement amounts (without disclosing the names of the parties where confidential), and/or fee awards in advertisements and other media.
ARBITRATION By executing this agreement you the Client, agree that, with one exception, any and all disputes between you and the Firm arising out of this agreement, our relationship with you or our performance of any past, current or future legal services, whether those services are subject of this particular agreement or otherwise, will be resolved through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Tampa, Hillsborough County, Florida. The disputes subject to binding arbitration will include without limitation, disputes regarding attorneys’ fees or costs, and those alleging negligence, malpractice, breach of fiduciary duty, fraud or any claim based upon a statute. Both the agreement of the parties to arbitrate all disputes and the results and awards rendered through the arbitration will be final and binding on you and us and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such disputes, and both parties waive their rights to resolve disputes by court proceedings or any other means. The parties have agreed that judgment may be entered on the award of any court of competent jurisdiction in the state of Florida and, therefore, any award rendered shall be binding. The arbitration may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative of a class proceeding. The one exception to your agreement to arbitrate concerns ethical grievances which you may have. Nothing in this agreement limits, in any way, your right to pursue any ethical grievance against The Firm as permitted by applicable law.
You understand that by agreeing to arbitration as a mechanism to resolve all potential controversies, disputes, or claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury. You agree that, in the event of such controversy, dispute, or claim between us, the prevailing party will be entitled to recover from the losing party all costs and expenses he, she, or it incurs in bringing and prosecuting, or defending, the arbitration, including reasonable attorneys’ fees and costs.
Please review this contract carefully to be certain that it accurately sets forth our agreement. In the event that you do not understand anything in this agreement, please let us know so further written explanations can be provided.
NOTICE: This Agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement you should consult 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, 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.
TAX CONSEQUENCES Please be aware that the attorneys and staff at The Consumer Lawyers, PLLC cannot, and will not, provide any tax advice nor can they provide information as to what tax consequences you may incur due to the receipt of any possible settlement funds. Your attorneys and their staff are not tax attorneys or tax professionals and are in no way qualified to give tax advice. If you have any tax questions related to the settlement, you should speak to a qualified tax professional so that he or she may give you a reliable assessment of what the tax consequences of any settlement agreement may be.
CANCELLATION I understand that this contract may be canceled by written notification to the attorneys at any time within three (3) business days of the date the contract is signed, as shown below, and if canceled, I shall not be obligated to pay any fees to the attorneys for the work performed during that time. If the attorneys have advanced funds to others in their representation of me, the attorneys are entitled to be reimbursed for such amount as they have reasonably advanced on behalf of the Client. If I discharge my attorneys for any reason after the initial three (3) days, I agree that my attorneys will be entitled to a fee based upon the percentage set forth above of any offer of settlement outstanding, or if no offer of settlement is outstanding, a reasonable fee based upon the amount of time my attorneys spent on my case.
ACKNOWLEDGMENTS I acknowledge that The Firm and LegaFi have made no representations to me regarding the outcome of this matter. I acknowledge that The Firm and LegaFi have not represented me in connection with my decision to enter into this Agreement, and I have the right and am encouraged to retain separate, independent counsel for consultation in connection with this Agreement, including a review of this Agreement. By signing below, I acknowledge that this Agreement has been carefully read and reviewed and its contents understood, and that I agree to be bound by all its terms.
This Contract is entered into on _________________________________, by the below Client and The Firm.
___________________________ _____________________________
[CLIENT NAME] THE CONSUMER LAWYERS
“The Client” “The Firm”
___________________________
LegaFi Law LLC
(“LegaFi”)
