AUTHORITY TO REPRESENT AND RETAINER AGREEMENT
I, __________, the undersigned client, hereby retain and employ VEGA LEGAL GROUP, LLC and its associates as my attorneys, to represent me in my claim or suit for damages or other relief against and, any other person, entity, corporation or insurance company liable therefore, resulting from an accident, occurring on or about __________ at or near __________.
This retainer agreement specifically authorizes VEGA LEGAL GROUP, LLC, to bring forth a lawsuit against an insurance carrier for breach of contract, and the recovery of attorney fees pursuant to Florida Law.
I hereby agree to pay for the cost of investigation and should it be necessary to institute suit, the court costs and all other costs incident to litigation. I further authorize VEGA LEGAL GROUP, LLC to pay all medical bills incident to the matter indicated above, as well as any other pertinent bills incident to the matter above as my agents, out of any funds secured for that purpose.
a. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or demand for appointment of arbitrators is made, the expiration of the time period provided for such action:
- 1. 33 1/3% of any recovery up to $1 million; plus
- 2. 30% of any portion of the recovery between $1 million and $2 million; plus
- 3. 20% of any portion of the recovery exceeding $2 million.
b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
- 1. 40% of any recovery up to $1 million; plus
- 2. 30% of any portion of the recovery between $1 million and $2 million; plus
- 3. 20% of any portion of the recovery exceeding $2 million.
c. If all defendants admit liability at the time of filing their answer and request a trial only on damages:
- 1. 33 1/3% of any recovery up to $1 million; plus
- 2. 20% of any portion of the recovery between $1 million and $2 million; plus
- 3. 15% of any portion of the recovery exceeding $2 million.
d. An additional 5% of any recovery after institution of any appellate proceeding is filed or post-judgment relief or action is required for recovery on the judgment.
In a case where the client is to receive a recovery which will be paid to the client on a future structured or periodic basis, the contingent fee percentage shall only be calculated on the cost of the structured verdict or settlement or, if the costs are unknown, on the present money value of the structured verdict or settlement, whichever is less. If the damages and the fee are to be paid out over the long-term future schedule, then this limitation does not apply.
I understand that this is a contingency claim, and no guarantees of recovery or results of my claim can be made by VEGA LEGAL GROUP, LLC, or their agents or employees.
It is agreed and understood that this employment is upon a contingent fee basis, and if no recovery is made, I shall not be indebted to VEGA LEGAL GROUP, LLC, for any sum whatsoever as attorney’s fees.
The undersigned client has, 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 has signed the Statement and received a signed copy to refer to while being represented by VEGA LEGAL GROUP, LLC.
This contract may be canceled by written notification to VEGA LEGAL GROUP, LLC, at any time within three (3) business days of the date the contract was signed, as shown below, and if canceled, the client shall not be obligated to pay any fees to VEGA LEGAL GROUP, LLC, for the work performed during that time. If VEGA LEGAL GROUP, LLC, have advanced funds to others in representation of the client, then VEGA LEGAL GROUP, LLC, is entitled to be reimbursed for such amounts as they have reasonably advanced on behalf of the client.
Dated at Miami, Miami-Dade County, Florida.
The above employment and retention are hereby accepted upon the terms stated herein.
CLIENT’S BILL OF RIGHTS — STATEMENT OF CLIENT’S RIGHTS
Before you, the prospective client, arrange a contingency 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 about the proposed fee and to bargain about the rate of percentage as in any other contract. If you do not reach an agreement with one lawyer, you may talk with other lawyers.
- Any contingency 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) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. But 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. 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 his or her 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.
- Before signing a contingency fee contract with you, a lawyer must advise you whether he or she 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, he or she 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 lawyer from each law firm must sign the contingency fee contract.
- If your lawyer intends to refer a 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 which 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 you and is legally responsible for the acts of the other lawyers involved in the case.
- 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.
- 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 which you might have to pay to your lawyer for costs, and liability you might have for attorney’s fees to the other side.
- 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 you need not pay any money to anyone, including your lawyer. You also have the right to have every law firm working on your case sign this closing statement.
- 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.
- 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.
- If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, 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 1-800-342-8060, 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.
VEGA LEGAL GROUP, LLC
BY: /s/ Juan Carlos Vega
Juan Carlos Vega, Esquire