11807 Westheimer Rd. STE 550-1062 Houston, TX 77077
1-800-516-9020 | info@landerlawoffice.com
POWER OF ATTORNEY
AND EMPLOYMENT
CONTRACT BETWEEN FIRM AND
CLIENT SUBJECT TO FIRM'S
INVESTIGATION INTO CLIENT'S CONTRACT CLAIM
This agreement is entered between LANDER LAW, PLLC herein after known as "FIRM" and , hereinafter known as "Client(s)". Clients hereby offer to retain and hire the FIRM to represent them in their cause of action for any and all others for damages and personal injuries due to an incident which occurred on , subject to the FIRM’S acceptance hereof. Client hereby empowers FIRM with a GENERAL POWER OF ATTORNEY, to investigate and to take whatever legal measures it may deem necessary to prosecute or pursue Clients rights, including, but not limited to, file claims, make formal demands, enter into negotiations, negotiate settlements, sign settlement drafts/checks, execute release(s) of claims, file a lawsuit, prosecute the suit, associate with or refer the claim or lawsuit to other counsel, and hire personnel to assist it in specialized areas such as investigation, photography/video, court reporting, economists, physicians, engineers and other experts.
Client MAY NOT negotiate or settle his/her case without FIRM’S consent. Normally, FIRM cannot accept a settlement without Client’s approval. If FIRM cannot locate Client, however, FIRM may accept an offer without Client's approval if Client’s interest might be lost or prejudiced if FIRM does not. Before FIRM accepts a settlement offer under those circumstances, FIRM must make diligent efforts to contact Client at the last address you have given FIRM. Client's share of the settlement will be deposited in FIRM’S "Lost Client Account" until you claim it.
Client is entitled to a copy of any paper, draft, or other document that Client signs or that requires Client’s signature. Ordinarily, FIRM will not sign Client’s name to any paper; however, if Client requests that FIRM do or if it is necessary for FIRM to sign Client's name to any paper, draft, or other document incident to the prosecution or settlement of Client’s case, FIRM may do so. Of course, even if FIRM does sign Client’s name for Client, Client will still be entitled to a copy of the paper signed.
It is further agreed that all costs and expenses of litigation and other proceedings, including without limitation, deposition costs, record retrieval, witness expenses, site investigations, expert fees, filing fees, postal and delivery costs, travel and transportation costs, lodging and meals, telephone, facsimile, photocopy charges, court costs, accident report costs, medical record costs, trial costs, scanning and archiving of Client file at case conclusion, reasonable interest paid by FIRM to third-party lenders to cover any cost advances shall be advanced by FIRM, to be paid out of the Client's net proceeds of any recovery after deduction of FIRM'S fees. Client authorizes FIRM, at its discretion, to pay, advance, take out loans and/or guarantees all costs and expenditures necessary to prosecute my claim. Client agrees that FIRM may borrow funds from a lender to finance or pay such costs and expenses and the interest charged by the lender on such borrowed funds will be added to the costs and deducted from the settlement or recovery. IF NO RECOVERY IS MADE, FIRM SHALL BE SOLELY RESPONSIBLE FOR PAYMENT OF FIRM'S EXPENSES AND COSTS.
Client agrees to keep FIRM advised of any change of address, to appear at deposition and Court appearances, and to find and deliver necessary documents to FIRM.
In consideration of the services rendered and to be rendered to the Client(s) by said FIRM, the Client(s) hereby transfers, assign, grant and convey to said FIRM the following present undivided interests in ALL CLAIMS AND CAUSES OF ACTION for and as a reasonable CONTINGENT FEE for FIRM’S services and said contingent attorney fee will be calculated based upon the TOTAL/GROSS RECOVERY OR SETTLEMENT of Client’s claims:
| 33 1/3% |
of any settlement or recovery made before suit is filed thereon; of any PIP benefits; |
| 40% |
Of any settlement or recovery made after suit is filed, but before Trial commences; |
| 45% |
Of any settlement or recovery made after Trial commences, whether or not any appeal is made by any party. |
In the event a STRUCTURED SETTLEMENT is secured in this case, the FIRM shall have an option to either secure its fee in full at the time of settlement based upon the “present value” of the settlement or in installments at the time of the payments.
This agreement shall be construed under in accordance with the laws of the Sate of Texas. All obligations of the parties are to be performed in Harris County, Texas, whenever possible.
Any controversy arising out of this agreement or any amendment hereto, shall be resolved by binding and enforceable arbitration in Harris County, Texas, according to the rules and regulations of the American Arbitration Association. Client and FIRM agree that any such arbitration must be instituted with TWO (2) years after any such controversy arises. Failure to institute arbitration proceedings within such a period shall constitute an absolute waiver of all claims relating to the Agreement.
NO GUARANTESS REGARDING THE OUTCOME OF THIS CASE IS MADE BY THE FIRM OR ANY AGENTS, OR EMPLOYEES OF THE FIRM.
This Agreement represents the sole and only agreement of the parties hereto. The scope of FIRM’S duties and responsibilities shall no be expanded in any way unless specifically set forth in writing between the parties and this Agreement may be amended only by written agreement signed by both parties. This Agreement is effective upon execution by both the Client and FIRM.
NOTICE TO CLIENT
This contract is subject to Arbitration under the Texas Arbitration Statute.
The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys for more information, please call (800) 932-1900. This is a toll-free phone call.
AGREED, UNDERSTAND and EXECUTED on in Houston, Harris County, Texas
