2.
Services to be performed by Attorney: Attorney agrees to perform the following legal services, if necessary, with respect to the claims described above;
- demand for payment and review of facts, legal issues and recommendations for action
- settlement procedures and negotiations; and
- Preparation and filing of lawsuit, if requested by Client;
- Prosecution of lawsuit to judgment in an appropriate trial court.
3. Services Not Covered by This Agreement: If additional services are necessary in connection with Client's claims, and Client requests Attorney. to perform such services, additional fee arrangements must be made between Attorney and Client. Such additional services may be required, for example:
- if a counterclaim must be defended;
- if the judgment obtained is in Client's favor, and an opposing party appeals from the judgment;
- if a retrial is ordered after a motion for new trial or mistrial, or reversal of the judgment on appeal; or
- if the judgment obtained is not in Client's favor, or the amount thereof is unsatisfactory to Client.
4. No Guarantee as to Result: Client acknowledges that Attorney has made no guarantee as to the outcome of the amounts recoverable in connection with Client's claims.
5. Litigation Costs and Expenses: Attorney is authorized to incur reasonable costs and expenses in performing legal services under this Agreement. Client agrees to pay for such costs and expenses in addition to the contingency fee discussed below.
(a) Particular costs and expenses: The costs and expenses necessary in this case may include any or all of the following
- court filing fees;
- process serving fees;
- mail, messenger and other redelivery charges;
- credit, address or asset investigation
(b) Client's responsibility re costs: Attorney may advance such costs and expenses on Client's behalf, but is not obligated to do so. Client agrees to reimburse Attorney upon demand for any such advances. Client is responsible for such reimbursement regardless of the status or outcome of the litigation, or the amount of any recovery.
6. Contingency Fee to Attorney: Client acknowledges that he/she has been advised by Attorney and is aware that the contingency fee arrangements are not set by law, and that a contingency fee between Attorney and Client is negotiable.
Bearing in mind that the contingency fee is negotiable, Client agrees that the following fee arrangement is fair and reasonable, and to pay Attorney the following amount:
