civil contingency agreement form[1][1]

8/6/2019 Civil Contingency Agreement Form[1][1]

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THE MANGELLI LAW FIRM121 SOUTH ORANGE AVENUE

SUITE 1500

ORLANDO, FL 32801

(866) 520-3058WWW.JOHNNYTHELAWYER.COM

[email protected]

AUTHORITY TO REPRESENT

I, Richard Marshall, signed by Nancy Ann Marshall, on his behalf, hereby retain THE

MANGELLI LAW FIRM to prosecute all claims for personal injury and property damage accruing

to me and resulting from a motor vehicle accident which occurred on or about May 5 th 2011,

(hereinafter collectively referred to as accident), and do hereby expressly understand and

agree to the following terms and conditions of said representation:

1. THE MANGELLI LAW FIRM, and each of its agents, employees, attorneys, directors, andstaff members, are hereby authorized to effect a settlement of compromise, subject tomy approval, or to institute such legal actions as may be advisable in the attorneys

judgment in order to enforce my rights.

2. The attorneys fees shall be a sum equal to the percentage set forth below of any and allamounts recovered henceforth, including any sums allowed as attorneys fees beforededucting the costs of their disbursements and proceeds recovered:

1A. Before the filing of an answer or the demand for appointment of arbitrators or, ifno

answer is filed or no demand for appointment of arbitrators is made, the expirationof the time period provided for such action:

1. 33 1/3% of any recovery up to $1 million; plus2. 30% of any portion of the recovery between $1 million and $2 million; plus3. 20% of any portion of the recovery exceeding $2 million.

B. After the filing of an answer or the demand for appointment of arbitrators or, if noanswer is filed or no demand for appointment of arbitrators is made, the expirationof the time period provided for such action, through the entry of judgment:


C. If all defendants admit liability at the time of filing their answers and request a trialonly on damages:


D. An additional 5% of any recovery after institution of any appellate proceeding isfiled or post-judgment relief or action is required for recovery on the judgment.

Page 1 of 3 Authority to Represent


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3. If any suit brought on my behalf entitles me to have the defendant pay my attorneysfees, then I agree to pay THE MANGELLI LAW FIRM those fees as determined by the courtor the above contingency, whichever is greater. I further understand that the fees as setby the court may well exceed the above contingency figures depending on the amount oftime my attorney expends in the prosecution of my case, the difficulty, novelty orcomplexity of my case and the amount ultimately paid or awarded.

4. Costs may be advanced by THE MANGELLI LAW FIRM including filing fees, investigations,court costs, copy costs, expenses, mileage, mediation costs, court reporters, depositions,witness and subpoena fees and any and all other costs which THE MANGELLI LAW FIRMmay deem necessary. Client agrees, understands and authorizes THE MANGELLI LAWFIRM to deduct such costs from proceeds recovered after deduction of attorney fees.

5. If at any time THE MANGELLI LAW Firm or any of its attorneys determines, in their solediscretion, that it is not feasible or proper for them to pursue said claim, they can notifyme of the same and may withdraw immediately from representation under thisagreement.

6. I hereby authorize THE MANGELLI LAW FIRM and each of its agents, employees,

attorneys, directors and staff members, in their sole discretion, to deduct from my shareof proceeds and pay directly to any person or entity, including but not limited to doctors,hospitals, insurance companies, contractors, or other experts, any remaining balancedue upon an account incurred by me in this matter.

7. I understand that THE MANGELLI LAW FIRM reserves the right to assign the backgroundwork, intake and investigation to other attorneys, paralegals or investigators, but that

THE MANGELLI LAW FIRM will act on my behalf as counsel, and will also bear fullresponsibility for representing me in this matter as described above.

8. I agree to cooperate fully with THE MANGELLI LAW FIRM and to make whatever records,document or things I have available to THE MANGELLI LAW FIRM for inspection, review

and analysis in the preparation, handling, and prosecution of my case. I further agree toexecute any appropriate releases, authorization forms, or other documents to aid THEMANGELLI LAW Firming obtaining the information it deems necessary to prepare mycase.

9. If the client desires to find other legal assistance then the client will pay all out of pocketexpenses to the date of termination and the value of the attorneys time spent on the filebased upon reasonable hourly rate.

10.This agreement does not cover other types of legal work (such as criminal, tax, probate,estate, guardianship, lien resolution, counterclaims or cross claims); such services, ifneeded, are subject to separate agreement.

11.THE MANGELLI LAW FIRM does not retain original client documents. When the casecloses, these documents will be returned to me after payment of fees and costs. The restof my file will be destroyed after 6 years. The file in my case, consisting of pleadings,notes, correspondence, and transcripts, belongs exclusively to THE MANGELLI LAW FIRMand may not be surrendered to me. I can elect to retrieve the remainder of my file priorto its destruction.



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12.THE MANGELLI LAW FIRM has made no promise regarding the outcome of my legalmatter, and has advised me that litigation in general is risky, can take a long time, canbe costly and frustrating.

13. I further understand that, in the event litigation is instituted and it is unsuccessful as toany party, I may be responsible to such party for taxable court costs and the reasonablevalue of that partys attorneys services. I agree that THE MANGELLI LAW FIRM shall in

no way share in such liability or encumbrance. It is also understood that I remain fullyresponsible for any applicable sales tax.

14. If there is a dispute concerning this agreement, I agree to arbitration by an OrangeCounty attorney certified by the Florida Supreme Court as a Circuit Civil Arbitrator. Thedecision of the arbitrator shall be binding and final; judgment on the award rendered bythe arbitrator may be entered in any court having jurisdiction of the parties and subjectmatter. If the parties are unable to agree on an arbitrator, the court will select one. TheCourt will have jurisdiction to enforce payment of fees. I will pay any fees and costs ofthe arbitrator and reasonable attorneys' fees and costs (taxable or not), for enforcementand collection, including appeal.

15. In the event this Authority to Represent is terminated by me for any reason, I shallimmediately pay THE MANGELLI LAW FIRM all costs and expenses incurred by THEMANGELLI LAW FIRM and in addition, shall immediately pay THE MANGELLI LAW FIRM thereasonable value of services performed to date at a reasonable rate or the appropriatepercentage of the last settlement offer, whichever is greater.

16.THE MANGELLI LAW Firms hereby authorized to deposit settlement funds on my behalfinto THE MANGELLI LAW FIRM IOLA Account.

17. I hereby certify that THE MANGELLI LAW FIRM has reviewed this agreement with me, andthat I have had the opportunity to discuss with them its contents. I further certify that Iunderstand its contents, and agree without objection to the terms contained herein.

18.This contract may be cancelled by written notification to THE MANGELLI LAW FIRM at anytime with three (3) business days of the date the contract was signed, as shown below,and if cancelled I shall not be obligated to pay any fees to THE MANGELLI LAW FIRM forthe work performed during that time. If THE MANGELLI LAW FIRM has advanced funds toothers in representation of me in this matter, THE MANGELLI LAW FIRM entitled to bereimbursed for such amounts as they have reasonably advanced on behalf of me in thismatter.

Accepted by:Client Signature

JOHN MANGELLI, Esq. Richard Marshall signed by Nancy A Marshallon his behalfFlorida Bar No.: 132690 May 8th 2011

Date


civil contingency agreement form[1][1]

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