Legal Retainer MVA

Legal Retainer MVA

This Legal Retainer Agreement (Motor Vehicle Accident) is made on between Attorney/Firm Name: with primary attorney (hereinafter "Attorney"), and Client Name: of Client Address: (hereinafter "Client").

RECITALS

WHEREAS, Client alleges personal injury, property damage, and related losses arising from a motor vehicle accident that occurred on at or near ; and

WHEREAS, Client desires to engage Attorney to pursue claims arising from the accident and Attorney is willing to represent Client subject to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows:

1. SCOPE OF REPRESENTATION

Attorney shall represent Client in investigating, negotiating, and, if necessary, litigating claims for personal injury and property damage arising out of the motor vehicle accident described above. Representation includes contacting insurers, negotiating settlements, filing suit where appropriate, conducting discovery, and attending hearings and trial as necessary. Representation does not include matters unrelated to the specified accident unless expressly agreed in writing.

2. RETAINER AND FEE ARRANGEMENT

Client retains Attorney on the following fee basis (select applicable option(s) and complete fields below):

Contingency Fee: Attorney shall be paid a contingent fee calculated as a percentage of the gross recovery obtained by settlement, judgment, or otherwise. The contingency fee percentages are:

Pre-litigation settlement: %    After filing suit: %    Appeal or post-judgment recovery: %

Hourly Fee: If checked, Attorney will bill at the following hourly rates: Lead attorney per hour; Associate per hour. Client shall pay a retainer deposit of applied against billed time.

The parties acknowledge that contingency fees are calculated on gross recovery unless otherwise agreed in writing. Payment to Attorney is due from the proceeds of any recovery after deduction for liens and costs as described below.

3. COSTS, EXPENSES, AND ADVANCES

Client shall be responsible for all costs and expenses incurred in the prosecution of Client’s claims, including but not limited to filing fees, court costs, deposition costs, expert fees, investigator fees, medical record copying fees, travel expenses, and process service. Attorney may advance costs on Client’s behalf; Client agrees to reimburse Attorney from any recovery first, and if no recovery is obtained, Client remains liable for unreimbursed costs. Attorney may withhold funds from settlement proceeds to reimburse advanced costs.

Estimated initial costs to be advanced:

4. SETTLEMENT AUTHORITY

Attorney shall obtain Client’s informed consent prior to accepting or executing any settlement that would affect Client’s substantive rights. Client authorizes Attorney to negotiate and to accept settlements up to without prior written confirmation, provided Attorney reasonably believes the settlement is in Client’s best interest.

5. LIENS, SUBROGATION, AND THIRD-PARTY CLAIMS

Client shall promptly disclose any lien, subrogation, or reimbursement obligation, including but not limited to health insurer or government health care liens, medical provider liens, and wage replacement benefits. Attorney may negotiate reductions of such liens but is not required to assume liability for them. Client authorizes Attorney to satisfy valid liens from recovery proceeds consistent with applicable law.

6. CLIENT COOPERATION AND MEDICAL AUTHORIZATION

Client agrees to cooperate fully, provide truthful information, appear for medical examinations and testimony when requested, and execute releases necessary for Attorney to obtain medical, employment, and other records. Client hereby authorizes Attorney to obtain and review Client’s medical records and billing statements related to the accident and injuries.

Client initials acknowledging authorization:

7. TERMINATION AND WITHDRAWAL

Either party may terminate this Agreement upon reasonable written notice. If Attorney withdraws for good cause or upon court order, Attorney shall take reasonable steps to protect Client’s interests, including timely filing motions or notices. Upon termination, Client remains responsible for all fees and costs incurred through the date of termination, and Attorney may assert a charging lien or retain a portion of recovery earned prior to termination as permitted by law.

8. BILLING, STATEMENTS, AND ACCOUNTING

Attorney will provide periodic statements reflecting fees, costs advanced, and disbursements. For hourly matters, payment is due upon receipt of invoice. For contingency matters, Attorney will provide a final accounting at the conclusion of the matter. Client may request reasonable supporting documentation for costs and disbursements.

9. CONFLICTS OF INTEREST

Attorney represents that, to the best of Attorney’s knowledge, no conflict of interest exists that would prevent Attorney from representing Client. If a potential conflict arises, Attorney will disclose it to Client and may withdraw if the conflict cannot be waived in accordance with governing professional rules.

10. CONFIDENTIALITY AND PRIVILEGE

Communications between Attorney and Client are privileged and confidential to the extent provided by law. Client authorizes Attorney to disclose information as necessary to prosecute claims, including to experts, opposing counsel, insurers, and courts, but only to the extent necessary for representation.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Attorney normally practices, without regard to conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof 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.

12. NOTICES

13. DISPUTE RESOLUTION; ATTORNEY'S FEES

Any dispute arising out of this Agreement or Attorney’s representation of Client shall be resolved as follows (select one):

Resolution by litigation in court of competent jurisdiction.

Binding arbitration under the rules of a recognized arbitration provider; judgment upon the award may be entered in any court having jurisdiction. The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs as awarded by the decision-maker or court.

14. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument.

15. ACKNOWLEDGMENTS

Client acknowledges receipt of a copy of this Agreement, has read and understands its terms, and has had the opportunity to ask questions and seek independent advice prior to signing. Client certifies that no promise or representation has been made by Attorney except as set forth in writing in this Agreement.

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