Personal Injury Fee Agreement

  • , do hereby employ and retain MAX SPARWASSER LAW FIRM, LLC hereinafter called "Attorneys," to represent the Client(s) as legal counsel for all purposes in connection with injuries and/or damages arising out of an incident which occurred on the following date:
  • Date Format: MM slash DD slash YYYY
  • ONE: Client(s) will pay the Attorneys Thirty Three and One-Third (33 and 1/3) PERCENT of any settlement obtained if the case is settled at any time prior to instituting suit, and Forty (40) PERCENT of any settlement, verdict or recovery obtained after instituting suit (attorney fees in worker’s compensation cases is limited to Thirty Three and One-Third (33 and 1/3) PERCENT by S.C. Reg. 67-1205). If an appeal is taken or the case retried, a new fee agreement may be negotiated. Percentage fees are calculated before deducting costs and expenses. Attorneys shall have a charging lien against the proceeds of this case to secure the payment of the fee. IN THE EVENT OF NO RECOVERY, CLIENT SHALL OWE THE ATTORNEYS NOTHING FOR SERVICES RENDERED.

    TWO: Client(s) agree to pay all reasonable costs and expenses advanced by the Attorneys. These include all case preparation costs and expenses, such as, but not limited to, subpoena costs, all photocopying costs, photos, postage, depositions, court reporter costs, report fees, witness statements, medical records, investigations, expert witnesses, travel costs, and all other costs associated with the preparation, trial, and pursuit of the case. If a recovery is made, the Client does herein authorize the Attorneys to deduct their fee and all costs from all gross proceeds recovered. Client authorizes and directs the Attorneys then to pay directly any unpaid balance due any doctor, hospital, expert, medical provider, or other creditor of the Client which are related in any way to the Client's claim before distributing the Client's net proceeds. Attorneys shall have a charging lien to secure the payment of these costs and expenses.

    THREE: The Attorneys may, in their absolute discretion, withdraw at any time from the case if the claim does not appear recoverable, if there is no insurance coverage, or for any other reason. The Client may also withdraw. In the event the Client withdraws, there will be a charging lien on the proceeds of this case for all costs advanced and the reasonable value of legal services rendered, regardless of whether or not the case is transferred to another attorney. This contract is an authorization of said charging lien. The charging lien includes but is not limited to work done that is in the file. If client and Attorneys fail to agree on the value of legal services rendered, then client agrees and directs that the fee dispute be resolved by the Resolution of Fee Disputes Board as established by SCACR 416. Attorney's failure to procure loans for clients does not constitute good cause for termination of attorney's services.

    FOUR: Client(s) agree that any other attorneys may be employed by MAX SPARWASSER LAW FIRM, LLC with client's approval, and any of these attorneys may be assigned to work on, or be fully responsible for, the Client(s)'s case at the discretion and expense of the attorneys. Any attorneys so employed, either from within or from outside of MAX SPARWASSER LAW FIRM, LLC may work on Client's case, and that any attorneys so employed may be designated to appear on Client's behalf and/or undertake the Client's representation in this matter.

    FIVE: LIMITED POWER OF ATTORNEY: Client hereby appoints the Max Sparwasser Law Firm, LLC and/or any of its employees to act, as client’s attorney in fact, in the place and stead of client with the same authority as client would have to do the limited acts of signing client’s name to any document, pleading, settlement release or covenant related to client’s case and to endorse clients name to any insurance company check or draft or other negotiable instrument for deposit into attorney’s trust account intended to fund settlement disbursement.

    SIX: CLIENT(S) AGREES THAT THE ATTORNEYS HAVE MADE NO PROMISES OR GUARANTEES REGARDING THE OUTCOME OF CLIENT'S CLAIM. SEVEN: Client does hereby bind their heirs, executors, successors, assigns and legal representatives to the terms and conditions set forth herein.

  • EIGHT: If an offer of settlement is made, and the Attorney recommends to the Client that the offer be accepted, but the Client refuses to accept the offer, the Attorney may withdraw from representing the Client, so long as withdrawal can be accomplished without prejudicing the claim. Neither the inconvenience and effort required to find replacement counsel nor the possibility that replacement counsel cannot be found in and of themselves constitutes prejudicing the claim. If the Attorney withdraws under these circumstances, and one or more of the claims covered by this Contract ultimately results in recovery, the Attorney will be entitled to fair compensation for work done by Attorney and to reimbursement of expenses advanced by Attorney before withdrawing. Fair compensation is defined as part of the contingent Attorney’s fees that best represents the contribution made and risk assumed by the Attorney relative to the total of all contributions and risks viewed retrospectively as of the resolution of the claims covered by this Contract. If the Client discharges the Attorney, (a) the Attorney will be entitled to reimbursement of expenses, regardless of whether the claims covered by this Contract produce any money; and (b) the Attorney will be entitled to fair compensation for Attorney’s work if there is ultimately any recovery on the claim. Attorney makes no guaranty, representation or promise of the ultimate result in this matter, and Client does not rely upon any representation not contained in this Agreement, which is the sole agreement between the parties.


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