Official Retainer Contract | Lherisson Law, P.A.

LHERISSON LAW, P.A.

ATTORNEYS AT LAW

1000 Brickell Avenue, Suite 715 • Miami, Florida 33131 • Tel: (786) 842-5886

Email: ashley@lherissonlaw.com • Licensed to Practice in Florida and Colorado

AUTHORITY TO REPRESENT AND CONTINGENCY FEE AGREEMENT

(Property Damage Claims Representation • In Accordance with Florida Bar Rule 4-1.5)

The undersigned Client(s), ("Client"), hereby retains and employs LHERISSON LAW, P.A. ("Attorney" or "Firm") to represent Client in investigating, evaluating, negotiating, and prosecuting any and all insurance claims, demands, and causes of action for property damage against the insurance carrier and any other responsible parties arising out of the property loss and damage at the property located at: ("the Property").

1. Employment of Attorney & Scope of Services

Attorney agrees to provide professional legal services in connection with Client's property damage claim, including investigation, assessment of policy coverage, preparation and submission of proofs of loss, adjustment, negotiation, mediation, appraisal proceedings, and, if deemed necessary by Attorney, filing and prosecuting a lawsuit or arbitration against the insurance company or any liable party.

2. Contingency Fee Schedule (Florida Bar Rule 4-1.5(f)(4))

It is understood and agreed that Attorney’s employment is on a contingency fee basis. IF NO RECOVERY IS OBTAINED, CLIENT SHALL OWE NO LEGAL FEES WHATSOEVER TO ATTORNEY.

In the event of a recovery, Attorney's fee shall be calculated on the gross amount recovered as follows:

Prior to the filing of an answer or the demand for appointment of arbitrators: Thirty-three and one-third percent (33 1/3%) of any recovery up to $1 million; plus thirty percent (30%) of any portion of recovery between $1 million and $2 million; plus twenty percent (20%) of any portion exceeding $2 million.
After the filing of an answer or the demand for appointment of arbitrators: Forty percent (40%) of any recovery up to $1 million; plus thirty percent (30%) of any portion between $1 million and $2 million; plus twenty percent (20%) of any portion exceeding $2 million.
Statutory / Court-Awarded Attorney's Fees: In the event attorney's fees are awarded by a court, provided for under Florida Statutes (including § 627.428, § 627.70152, or any successor or related provisions), or agreed to be paid separately by the insurance carrier or opposing parties, such fees shall be credited toward Client’s contingency fee obligation, or Attorney shall receive and retain said court-awarded or statutory fees, whichever is greater, in accordance with applicable Florida Bar rules. Under no circumstances will Client pay more than the higher of the contingency fee or the statutory fee.

LHERISSON LAW, P.A. • AUTHORITY TO REPRESENT & CONTINGENCY FEE AGREEMENT (CONTINUED)

3. Costs and Expenses

Attorney is authorized to incur and advance reasonable costs and expenses necessary for the proper investigation and prosecution of this claim, including but not limited to filing fees, expert witness fees, engineering reports, estimates, court reporter fees, and postage. All such advanced costs shall be deducted and reimbursed to Attorney solely out of the gross recovery. If no recovery is obtained, Client shall have no obligation to reimburse Attorney for advanced costs.

4. Approval of Settlement

Attorney shall promptly inform Client of all settlement offers received from the insurance carrier or opposing party. Client retains the absolute right and exclusive authority to accept or reject any settlement offer. No settlement or compromise of Client's claim shall be entered into without Client's knowledge and consent.

5. Power of Attorney & Trust Account Authorization

Client hereby grants Attorney full power of attorney to execute all necessary pleadings, documents, releases, proofs of loss, and drafts, and to endorse and deposit any checks or settlement drafts made payable to Client or Attorney into Attorney’s IOTA Trust Account, for disbursement strictly pursuant to a written Closing Statement executed by Client prior to distribution of proceeds.

6. Written Closing Statement

Upon resolution of the claim, Attorney shall furnish Client with a written Closing Statement reflecting the gross recovery, attorney's fees, itemized advanced costs, and net proceeds payable to Client. Distribution of funds shall only occur after Client reviews and executes the Closing Statement.

7. Charging Lien & Retaining Lien

Attorney shall have a legal and equitable lien upon Client's claim, suit, cause of action, settlement, judgment, or recovery for all legal fees earned and costs advanced in accordance with Florida law.

8. Withdrawal & Discharge

Client has the right to discharge Attorney at any time upon written notice. Attorney may withdraw from representation for good cause in accordance with the Rules of Professional Conduct upon written notice to Client. If Client discharges Attorney without good cause after the three-day cancellation period, Attorney may be entitled to reasonable compensation for services rendered up to the date of discharge.

9. Statutory Cancellation Period (Rule 4-1.5(f)(6))

THREE-DAY RIGHT OF CANCELLATION: In accordance with Rule 4-1.5(f)(6) of the Rules Regulating The Florida Bar, Client may cancel this contract by written notice delivered to Attorney at any time within three (3) business days of the date of signing. In the event of such cancellation within three business days, Client shall not be obligated to pay any legal fees to Attorney, although Client may be responsible for actual costs incurred by Attorney during that period.

LHERISSON LAW, P.A. • STATEMENT OF CLIENT'S RIGHTS FOR CONTINGENCY FEES

STATEMENT OF CLIENT'S RIGHTS FOR CONTINGENCY FEES

(Pursuant to Rule 4-1.5(f)(4)(D), Rules Regulating The Florida Bar)

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:

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 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.
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.
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 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.
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 who are not in the same law firm will be sharing your fee, each lawyer must sign the contingent fee contract.
If your lawyer intends to borrow money or advance money to pay the costs of your case, you have the right to know whether you will be required to pay interest on that money. You also have the right to know what costs you will be responsible for and whether those costs will be paid by you as they are incurred or will be deducted from your recovery. If you pay a deposit for costs, you have the right to receive a written accounting of all costs paid and the balance of any money remaining. Your lawyer must provide you with a written statement of costs at the end of the case.
You have the right to know in advance how expenses and legal fees will be paid at the end of the case. If your case is won, you have the right to be told whether the attorney's fee will be based on the gross amount recovered or the amount minus costs. You also have the right to decide how much money is spent to prepare a case if you are paying the expenses.
You have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include the money that you might have to pay to your lawyer for costs, and any liability you might have for attorney's fees, costs, and expenses to the other side.

LHERISSON LAW, P.A. • STATEMENT OF CLIENT'S RIGHTS (CONTINUED) & CONTRACT EXECUTION

You 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 you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
You 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 to you. While you should consider your lawyer's advice, the decision whether to accept or reject any offer is yours to make.
You have the right to be kept informed of the status of your case and to have your questions answered by your lawyer.
If you ever consider that your lawyer's fee is excessive or that your lawyer has not performed as agreed, you have the right to report the matter to The Florida Bar. You also have the right to have any dispute about fees submitted to arbitration under Chapter 682, Florida Statutes, or under The Florida Bar's fee arbitration rule.

CLIENT ACKNOWLEDGMENT: The undersigned client hereby acknowledges that prior to signing the Authority to Represent and Contingency Fee Agreement, client received, read, and was provided a copy of this Statement of Client's Rights for Contingency Fees.

CLIENT / INSURED SIGNATURE:

Printed Name: [Client Full Legal Name]

Execution Date: [Date]

Status: Pending Signature

LHERISSON LAW, P.A. (ATTORNEY):

Ashley M. Lherisson

Attorney: Ashley M. Lherisson, Esq.

Florida Bar No.: 1017366

Title: Managing Attorney, Lherisson Law, P.A.

Date: [Date]

I have read and agree to this Authority to Represent & Contingency Fee Agreement and acknowledge receipt of the Statement of Client's Rights.