This legally binding agreement confirms that you, the undersigned, have retained the attorneys at BARIC LAW P.C. (hereafter "Law Firm") as your law firm to represent you as their Client(s) for any and all claims of bodily and personal injury against the defendant arising out of the incident that occurred on:
1. CONTINGENCY FEE: The Law Firm will be entitled to Forty Percent (40%) of any recovery obtained. At any time after a lawsuit or demand of arbitration is filed, Client shall pay the sum of Forty Five Percent (45%) of any recovery obtained.
a. Client(s) and Law Firm acknowledge that the payment of contingency fees is not set by law and is negotiated between Law Firm and Client(s). The contingent fee is calculated based on the total recovery prior to any reimbursement for costs and expenses (as set forth) and payment of liens or obligations of the Client(s). Any recovery is defined as any settlement, property, verdict, award or monies received.
b. Client acknowledges that in the event service contemplated herein is on behalf of a minor, the fee set by the Court shall prevail over this Agreement.
c. Fees rendered in connection with any Workers’ Compensation proceeding shall be set by the Workers’ Compensation Appeals Board.
2. If there is no recovery, Client pays no fees or costs to BARIC LAW P.C.
a. Client(s) is/are responsible for any possible fees and/or costs incurred by any previous representation.
b. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of this matter. We make no such promises or guarantees. There can be no assurance that you will recover any sum or sums in this matter. Our comments, if any, about the outcome of your matter are expressions of opinion only. We do promise to use our best efforts to provide you with professional legal representation.
3. SCOPE OF REPRESENTATION: This agreement is limited in scope to the pursuit of your claims for damages against the defendant which caused bodily injury and no other type(s) of claim(s). This agreement does not cover any other related claims that may arise, including but not limited to, workers' compensation, employment, product liability claims against any manufacturer or seller, health care provider disputes for amounts owed for services, malpractice, subrogation claims, tax or any other legal matter. If such matters arise, separate agreements for legal services will be required.
4. STATUTE OF LIMITATIONS: Client understands that there are strict statutes of limitations on claims against responsible parties, and that the time limit in Client's case may have expired before Law Firm was contacted, or may expire in very near future, or before investigation can be completed by Law Firm.
5. LAW FIRM'S RIGHT TO WITHDRAW AFTER INVESTIGATION: It is agreed that Law Firm is prosecuting Client's claims subject to Client's representations and its own investigation of the facts and that if Law Firm determines in its sole judgment that it is not feasible or practical to prosecute Client's claim, Law Firm is permitted and authorized to cease all work and withdraw representation. Client understands they are under a continuing duty to preserve any and all evidence relevant to this matter, including, but not limited to, pictures, text messages, social media posts, and the vehicle itself. Client also recognizes that use of social media may affect Client's ability to recover damages and Client has been advised not to use social media and to make all accounts private during the duration of the case. Law Firm can/may also choose to withdraw as counsel during any point of investigation should Law Firm find that information provided by Client was intentionally omitted and/or falsely reported.
6. LAW FIRM DISCHARGE: If Law Firm is discharged or withdraws, Client agrees that Law Firm will receive at its election, either (1) reasonable and fair value of services provided prior to such discharge, at the Law Firm's normal hourly billing rates for attorneys and support staff; or (2) a proportional share of the contingency fee portion of the ultimate recovery by the Client, determined by comparing the amount or value of work done by Law Firm to the amount or value of work performed by other counsel, r as otherwise determined by the Court. If no election is made at the time of discharge, Law Firm is presumed to have elected option (2).
7. COSTS AND LITIGATION EXPENSES: Law Firm is authorized to incur reasonable costs and expenses in performing legal services under this Agreement. Client agrees that Law Firm shall be entitled to reimbursement of all necessary out-of-pocket costs for the preparation and prosecution of Client’s case, including but not limited to, all out of pocket expenses, associated finance charges and/or research usage fees, expert witness fees, jury fees, filing fees, deposition transcript fees, travel expenses and third-party vendor expenses if a recovery is obtained by Client. Law Firm may at any time make a written request upon Client to advance the anticipated costs and expenses that are reasonably required to continue prosecuting the case, and Client shall advance such costs and expenses, if requested by Law Firm.
a. If Client’s claim settles before a lawsuit is filed, Law Firm shall be entitled to an administrative fee of four hundred and ninety-five dollars ($495), which covers all scanning, storage of files, pre-litigation postage, telephone charges, facsimile transmittals and photocopies. If Client’s claim settles after a lawsuit is filed, said fee shall be nine hundred and ninety-five dollars ($995) and shall cover all prelitigation costs as well as the additional costs associated with storing the litigation files, photocopies and litigation postage. All costs and expenses are in addition to the Attorney’s fee described in paragraph 1, above. Costs and expenses are payable out of the first monies received in settlement, arbitration, and/or judgment, after first deducting the Attorney’s fees.
b. Any suit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process. Client may be responsible for the opposing party’s attorneys’ fees and will be liable for the opposing party’s costs as required by law. Client agrees that Law Firm shall not be responsible, in any way, for any Attorney’s fees awarded by a court or sustained against Client regarding Clients’ matter or any related matters.
c. Law Firm does NOT provide any settlement advances to Client(s). All attorney’s fees and costs must be paid prior to disbursement of any settlement.
d. Client pays NO FEES or Law Firm COSTS if there is no recovery from Defendant.
8. MEDICAL LIENS: Client expressly authorizes the Law Firm to directly pay any outstanding balance owed by the Client to any medical provider for related medical services after fees and costs have been deducted from the recovery obtained. If a dispute arises between the medical providers and the Client, the Client authorizes the Law Firm to deduct their fees and costs and to interplead any agreement under the applicable Code for judicial review. The Client authorizes the Law Firm to distribute all attorney fees and costs obtained from the gross proceeds of the settlement, and to interplead the remaining funds of the settlement with the appropriate Court, with lienholders and the Client being named as parties in such interpleader action.
9. ATTORNEY'S LIENS: You hereby grant us an express and implied legal and equitable lien for any monies owed to attorney, under the terms of this agreement and, on any and all claims or causes of action that are the subject of our representation under this agreement. Our lien will be for any sums owed to us for any unpaid balances including but not limited to those related to costs, attorneys’ fees (contingency or otherwise), and expenses. The lien will attach to your right to receive monies relative to the litigation and/or conclusion of this matter including but not limited to any monies you may be entitled to from arbitration awards, judgments, settlements, or otherwise. Said lien allows for our name to be included on all disbursements.
A lien acts as security for payment due to attorney by client. This lien could delay payments to client until any disputes over the amount to be paid to Attorney are resolved. As indicated herein, client hereby grants Attorney a lien for any sums due and owing to attorney for fees and costs at the conclusion of Attorney’s services. The lien will attach to any and all real or personal property of client’s, including any recovery client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter. Client may seek the advice of an independent lawyer of the client’s choice about this lien and this matter. By signing this agreement, client acknowledges that he/she/it has been so advised and given a reasonable opportunity to seek that advice. In the event of the termination of our professional relationship for any reason including but not limited to discharge, withdrawal, or a breach of this agreement, you agree that this firm has an express and implied legal and equitable lien relative to any sums you may be entitled to relative to this matter and, at our option, we shall be entitled to be immediately paid directly from the payor, without notice to you, which may include but is not limited to insurance companies, opposing parties, subsequent counsel, or you, our lien for any sums owing to us for any unpaid balances including but not limited to those related to costs, attorneys’ fees, and expenses. Such fee shall be determined by the intent, terms, and conditions of this agreement and by considering the following factors: (1) the actual number of hours expended by us in performing legal services for you; (2) our hourly rate of $500.00; (3) the extent to which our services have contributed to the result obtained; (4) the amount of the fee in proportion to the value of the services performed; (5) the amount of recovery obtained; (6) time limitations imposed on us by you or by the circumstances; and (7) the experience, reputation, and ability of our attorneys and staff performing the services. Please note that should it be necessary to institute legal proceedings against you for the collection of all or any part of our lien including said costs, attorneys’ fees, expenses and advances, you agree to pay all costs of collection and suit, interest at the legal rate on all outstanding balances, and reasonable attorneys’ fees related thereto. You also agree that the exclusive jurisdiction and venue for all legal proceedings shall be the County of Orange, State of California.
10. POWER OF ATTORNEY: Client hereby gives Law Firm Client’s Power Attorney to execute all documents connected with the claim for which Law Firm is retained, including pleadings, contracts, endorsement of checks payable to Client, commercial papers, settlement agreements, authorizations, designations, compromises, releases, verifications, dismissals, orders and any and all other documents that Client could properly execute or endorse.
11. CO-COUNSEL, REFFERALS & LAW FIRM ASSOCIATIONS: Client understands and agrees that Law Firm may associate other Attorneys into this case at Law Firm’s discretion, and that any Attorney so employed may be designated to appear on behalf of Client, or to undertake Client’s representation in this matter. Law Firm may compensate such legal counsel by dividing or sharing the legal fee that Client has agreed to pay Law Firm with such other legal counsel. Law Firm agrees that in no event will the amount of fees owed by Client be increased because of Client’s consent to Law Firm dividing the legal fee with other legal counsel. In the event that a division of fees arrangement is made by Law Firm with other lawyers to assist in the representation of Client, Law Firm will comply with the requirements of California Rule of Professional Conduct (“CRPC”) 1.5.1, as soon as reasonably practicable.
a. Law Firm has associated:___________________________________________
12. MANDATORY CONFIDENTIAL ARBITRATION OF DISPUTES: Any dispute between the parties to this Agreement regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement (except as provided in this agreement) shall be submitted to confidential and binding arbitration upon the written request of one party after the service of that request on the other party. The parties shall appoint one person to hear and determine the dispute from Action Dispute Resolution (ADR Services, Inc.) in Orange County, and shall be conducted pursuant to ADR’s rules. Law Firm and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The cost of the arbitration, excluding legal fees and other costs, shall be borne by the losing party or in such proportion as the arbitrator shall decide. Each party to this Agreement gives up rights when they agree to arbitration. By initialing below, Client and Law Firm confirm that they have read and understand this arbitration provision, and voluntarily agree to binding, confidential arbitration. In doing so, Client and Law Firm voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this Agreement and Client is encouraged to do so.
_______________(Law Firm initials here)
13. MANDATORY FEE ARBITRATION: Notwithstanding paragraph 10 above, in any dispute over Attorney’s fees, costs or both subject to the jurisdiction of the State of California over Attorney’s fees, charges, costs or expenses, Client has the right to elect arbitration pursuant to the mandatory fee arbitration procedures, as set forth in California Business and Professions Code Sections 6200-6206. Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award.
14. FILE RETENTION: If Client does not request the file from Law Firm, Law Firm will retain it for five (5) years after this matter is closed and at its discretion destroy it without further notice to Client.
15. CONFLICT WAIVER/MULTIPLE CLIENTS: Client expressly acknowledges that Law Firm has explained that a potential conflict of interest is presented any time Law Firm represents more than one Client in a case or matter. Although Client(s) have not indicated that there is any disagreement among them, and although the facts known to date do not suggest any actual conflict of interest between any of the undersigned Client(s), Client(s) acknowledge that the possibility always exists that a divergence of interests could occur in the future. For example, Client could develop claims against another of the Client(s), which would create a conflict of interest, since Law Firm owes an undivided duty of loyalty to all current Clients. Similarly, one Client could instruct Law Firm to settle the case, and the other could instruct Law Firm to proceed through trial, which could create a conflict of interest between Clients. In the event that an actual conflict arises, Law Firm will be required to disclose any facts that later arise, and obtain a new written conflict waiver from Clients, or withdraw from representation. In the event that a conflict of interest arises which would require Law Firm to withdraw from representation from one or more of the undersigned Clients, the Client(s) would have to retain new counsel. Client waives any potential conflict of interest by signing this agreement. If this case involves multiple Clients of Law Firm arising out of the same event, Client agrees that Law Firm is authorized to settle this case on behalf of Client on a global basis, with pro rata recovery being made to Client out of global settlement, when Law Firm deems that a global settlement is appropriate.
16. CONFLICT OF STATE LAWS: Baric Law is headquartered in California. Client understands that attorneys from this office are licensed in multiple jurisdictions however may not be licensed in the jurisdiction in which Client lives or where suit is filed. If a conflict exists or modification is required, the laws of California will be used to modify or comply with.
17. COUNTERPARTS: Each party may sign a separate counterpart of this contract; each will be deemed an original, and which taken together shall constitute one and the same instrument and Agreement. A photocopy, electronic signature, facsimile transmission or PDF signed may be used as originals.
18. ELECTRONIC FILES: Client is notified and agrees that Law Firm maintains electronic and internet-based file system that is paperless. No physical original documents are kept. Client agrees all photocopies or scanned documents have the same effect of the originals and can be used for all purposes of the originals.
19. TAX ADVICE SPECIFICALLY EXCLUDED: Attorney has advised client that any settlement, award or judgment obtained as a result of the representation may be partly or wholly taxable. Attorney has informed client that tax advice is specifically excluded from the scope of the services attorney will provide under this agreement. Attorney has informed client that he/she is not an expert in tax law and has recommended that client obtain advice from a tax practitioner concerning the tax consequences of any recovery.
20. ENTIRE AGREEMENT: This is the entire agreement between the parties. No other agreement, statement, warranty, representation, or promise by Law Firm or its agents will be binding on the parties unless they are contained in this agreement. Any changes or amendments of this agreement must be made in writing and signed by both parties. Client understands that there is no guarantee as to outcome.
BY SIGNING BELOW, CLIENT ACKNOWLEDGES THAT NO GUARANTEES HAVE BEEN MADE AND THIS AGREEMENT HAS BEEN AGREED TO, READ, REVIEWED AND UNDERSTOOD.
LAW FIRM: ______________________________________
Orange County Office:650 Town Center DriveSTE 1500Costa Mesa, CA 92626
Sacramento Office:500 Capitol MallSTE 2350Sacramento, CA 95814
Call or Text Baric Law: (833) 467-2022Email: firstname.lastname@example.org
SAN DIEGO COUNTY
SACRAMENTO, STOCKTON, MODESTO & FRESNO
650 Town Center DriveSTE 1500Costa Mesa, CA 92626
Tel: (833) 467-2022SMS: (949) 570-9165Email: email@example.com
No Fees Unless We Win ♦ Bilingual Staff ♦ Available 24/7