Legal Medical Malpractice Retainer Agreement

Legal Medical Malpractice Retainer Agreement

This Medical Malpractice Retainer Agreement (the "Agreement") is made and entered into as of , by and between Client Name: with mailing address (hereinafter "Client"), and Attorney / Firm Name: , represented by Attorney Representative: with principal office at (hereinafter "Counsel").

Recitals

WHEREAS, Client alleges that Client suffered personal injury or other damages as a result of acts or omissions by healthcare providers, institutions, or related parties in connection with medical treatment occurring on or about ; and

WHEREAS, Client desires to retain Counsel to investigate, evaluate, and, if appropriate, commence and prosecute claims for medical malpractice, and Counsel is willing to accept such retention under the terms and conditions set forth herein; and

WHEREAS, the parties intend that this Agreement shall set forth the terms and conditions of the attorney-client relationship, the fee arrangement, and the respective rights and obligations of the parties.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. Engagement; Scope of Representation

Client retains Counsel to investigate and prosecute claims for medical malpractice, including but not limited to claims for negligence, lack of informed consent, wrongful death, and related causes of action arising out of the care described above. Counsel's representation extends to pre-litigation investigation, negotiation with potential defendants and insurers, filing of pleadings, discovery, trial, settlement, and any appeals with respect to the matters for which Counsel is retained. The specific scope of work is further described below and in the case-specific file.

2. Counsel's Authority

Counsel shall have the authority to take such actions as Counsel deems reasonably necessary to prosecute Client's claims, including retaining experts, ordering and obtaining medical records, hiring investigative services, and initiating litigation. Counsel shall obtain Client's informed consent for significant strategic decisions, including the filing of a lawsuit and the decision to proceed to trial.

3. Fees — Contingency and Distribution

Client agrees to pay Counsel a contingent fee equal to % of the gross monetary recovery obtained by settlement, arbitration award, or judgment, whether obtained before or after trial. "Gross monetary recovery" means the total amount recovered before deduction of attorneys' fees, costs, medical liens, subrogation, or other encumbrances unless otherwise required by statute.

If Counsel is required to undertake an appeal, post-judgment proceedings, or other enforcement actions, Counsel's fee for those services shall be calculated at the same contingency percentage unless otherwise agreed in writing. If Client terminates Counsel without good cause prior to conclusion of the matter, Counsel shall be entitled to compensation on a quantum meruit basis for services rendered and costs advanced.

4. Costs and Advances

Client acknowledges that Counsel will incur or advance costs and expenses in furtherance of Client's claim, including but not limited to expert fees, court filing fees, deposition costs, medical record fees, travel, and investigative expenses (collectively "Costs"). Client authorizes Counsel to advance such Costs, which shall be reimbursed from the gross recovery prior to or after the deduction of attorneys' fees as is customary and allowable under applicable law.

Initial retainer for Costs, if any, shall be paid as follows: Retainer Amount: . Payment of this retainer does not prepay attorneys' fees and will be applied toward Costs unless otherwise agreed in writing.

5. Client Cooperation and Duties

Client shall fully cooperate with Counsel, provide complete and accurate information, attend depositions, examinations, hearings and trials as requested, execute documents reasonably necessary for the prosecution of claims, and not settle, dismiss, or otherwise compromise the claims without Counsel's knowledge and the client's express written consent where such consent is legally required.

6. Settlement Authority

Counsel will negotiate settlement on Client's behalf but will not enter into any settlement agreement or accept any offer that would dispose of Client's claim without Client's prior written approval, except as may be otherwise expressly authorized in writing by Client. Client authorizes Counsel to accept routine communications and offers from opposing counsel or insurers and to communicate such offers to Client promptly.

7. Conflicts; Concurrent Representation

Counsel represents that Counsel is not aware of any current conflict of interest that would materially affect representation. Client agrees to notify Counsel of any potential conflicts and to execute conflict waivers if required. Counsel reserves the right to decline or withdraw from representation if an unwaivable conflict arises.

8. Withdrawal and Termination

Either party may terminate this Agreement upon written notice. If Counsel withdraws for good cause or is discharged by Client, Counsel shall be entitled to recover reasonable attorneys' fees and costs incurred to the date of termination, as provided in Section 3. Counsel shall take reasonable steps to avoid foreseeable prejudice to Client in the event of withdrawal.

9. Medical Records and Authorization

Client authorizes Counsel to obtain medical records, billing records, and other documents reasonably necessary for the investigation and prosecution of Client's claims. Client hereby executes and grants Counsel such medical record releases or authorizations as required. Specific authorizations or limitations:

10. Liens, Subrogation and Third-Party Claims

Client acknowledges that medical providers, health insurers, Medicare, Medicaid, workers' compensation carriers, and other entities may assert liens, subrogation, reimbursement, or contractual claims against any recovery. Client agrees to promptly advise Counsel of any such potential lien or subrogation claim. Counsel will use reasonable efforts to resolve liens; however, Client remains ultimately responsible for satisfying valid liens and subrogation claims from Client's recovery.

11. Billing, Accounting and Records

Counsel shall provide Client with periodic statements summarizing costs advanced, disbursements, and, when applicable, the computation of attorneys' fees after resolution of the matter. Client may request reasonable documentation of costs advanced. All funds recovered shall be disbursed in accordance with applicable law, contingent fee terms herein, and any liens or statutory obligations.

12. No Guarantee

Client acknowledges that Counsel has made no promises or guarantees regarding the outcome of Client's case and that any statements about possible results are expressions of opinion only.

13. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses provided below or such other address as a party may designate by notice:

14. Amendments and Waiver

This Agreement may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude further exercise of that right or the exercise of any other right.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state in which the principal office of Counsel is located, excluding its choice-of-law rules. Venue for any action relating to this Agreement shall be in the state or federal courts located in that jurisdiction.

16. Entire Agreement; Severability

This Agreement contains the entire understanding between the parties with respect to its subject matter and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one instrument. Signatures transmitted by electronic means shall be treated as original signatures.

18. Client Acknowledgment

Client acknowledges that Client has read and understands this Agreement, has had an opportunity to ask questions, and consents to its terms voluntarily. Client further acknowledges receipt of a fully executed copy of this Agreement upon signing.

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