whole agreement

I have gone through the whole agreement, and especially the section regarding billing.

From the Agreement the attorney’s fees and expenses are structured in a contingency fee basis as I had mentioned earlier. This means that the attorney, XXX, will only be compensated if you obtain a recovery in your case.

The fees and expenses are outlined in the agreement as follows:

  1. Contingency Fee: XXX SPLLC’s fee will be 33.33% (or 1/3) of all amounts recovered on your behalf if you obtain a recovery through settlement, litigation, or any other legal means.
  2. Early Recovery Fee: If you obtain a recovery before XXX  PLLC files a lawsuit, the fee will be 20% (or 1/5) of all amounts recovered on your behalf.
  3. Expenses, Costs, and Fees: You are responsible for all expenses, costs, and fees incurred by XXX  PLLC in performing the legal services. This includes various costs such as postage, filing fees, document retrieval fees, travel costs, etc.
  4. Billing Process: XXX PLLC will handle the funds and calculate the fees and expenses from your recovery. The remaining recovered funds will be remitted to you after deducting the fees and expenses.
  5. Invoice for Termination: If you choose to terminate the attorney-client relationship before the conclusion of the matter, you may be invoiced for the fees and expenses incurred up to that point.

It essentially means that if you do not obtain a recovery, you would not be responsible for paying these fees and expenses. However, if you do win a recovery, the agreement specifies the percentages and types of expenses that would be deducted as provided above.

 

Secondly, regarding the Expenses During the Case: Throughout the course of your case, various expenses may be incurred by XXX PLLC in order to perform the necessary legal services as provided for in the Agreement. These expenses could include but are not limited to:

  1. Paper and Photocopying: If special paper or professional printing services are required for legal documents, you would be responsible for associated costs.
  2. Travel Expenses: If attorneys, staff, or firm personnel need to travel to perform legal services, you would be charged a rate of $1.00 per mile for the mileage incurred.
  3. Fax Transmissions: While facsimile (“fax”) transmissions through the eFax system are not charged, if XXX  PLLC has to send a fax using other means, you would be responsible for the actual cost of sending the fax and any associated travel time.
  4. Special Services: In certain situations, XXX PLLC might need to use process servers, experts, investigators, e-discovery services, research platforms, contractors, consultants, and other specialized services. The costs of such services would be discussed with you before retaining them, unless immediate action is required for the representation.

Payment Timing for Expenses: The agreement outlines the payment process for expenses and fees as follows:

  1. Upon Recovery: If you obtain a recovery in your case, XXX  PLLC will calculate the expenses, costs, and fees incurred during the representation. These expenses and fees will be deducted from your portion of the settlement.
  2. Invoicing: All expenses and costs will be itemized and invoiced to you. You will receive an invoice detailing the expenses incurred during the case.
  3. Payment: You are responsible for paying the expenses and fees within fourteen (14) days of receiving the invoice, unless you terminate the attorney-client relationship before the conclusion of your case.

Take note that from a review of the agreement, the payment of expenses is tied to the outcome of your case. If you do not recover any funds, you would not be responsible for reimbursing these expenses. However, if you do obtain a recovery, the expenses and fees will be deducted from your portion of the settlement before you receive your share.

 

 

 

 

 

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