— 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 A
PERCENTAGE 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. This fee will be based upon a percentage of the amount recovered from the
Defendant(s).
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 a contingency
basis.
I. CONTINGENCY I agree to pay The Firm forty-five percent (45%) of the
total amount of settlement recovered on my behalf. (Total amount recovered may include
amount of debt erased and money award). In the event attorneys’ fees are recovered from any
adverse party pursuant to any state or federal statute, the attorneys’ fees shall be the greater
of the court-awarded fee or contingency fee stated above.
II. 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.
III. 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.
IV. 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.
V. 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.
VI. 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.
VII. 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).
VIII. 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.
IX. 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.
X. 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.
XI. 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.
XII. 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.
XIII. 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”
— Attorneys At Law —
STATEMENT OF CLIENT’S RIGHTS FOR 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 one lawyer, you may talk with other lawyers.
2. Any contingent fee contract must be in writing and you have three (3) business
days to reconsider the contract. You may cancel the contract without any reason if you notify
your lawyer in writing within three (3) business days of signing the contract. If you withdraw
from the contract within the first three (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 three (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 or 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 one (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 lawyers 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
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
of 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 rest, 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.
_____________________________ _________________________________
DATE [CLIENT]
_____________________________ _________________________________
DATE THE CONSUMER LAWYERS
