Our Fees
CONTINGENT FEE AGREEMENT PERSONAL INJURY MATTER
ACTION: I/we, the undersigned client(s), retain the law firm of: George R. Brezina, Jr., P.A. (GRB) Tampa, Florida,
and_______________________________________, (if applicable) for
representation in my/our claim(s)
against:______________________________________________________in
connection with the injuries OR damages sustained on or
about_______________
FEE: I/we understand that if there is no recovery, I/we shall owe nothing to GRB under this Agreement as a fee for their services.
I/we understand that if a recovery is made, I/we shall be obligated to pay GRB a fee computed on the gross proceeds before deduction for costs from any gross recovery, including any court awarded attorney fees and court awarded taxable costs from each Defendant. Costs shall be deducted after the payment of all attorney's fees. The remaining sum shall be the net proceeds, if any, payable to client(s). The amount of the attorney's fee shall be computed as follows regard to each Defendant:
(a) through the time of filing an answer or the demand for appointment of arbitrators, 33 1/3% of any recovery up to $1 million;
(b) from the time of filing an answer or the demand for appointment of
arbitrators through the entry of judgment:
(1) 40% of any recovery up to $1 million; plus
(2) 30% of any portion of the recovery between $1 million and $2
million; plus
(3) 20% of any portion of the recovery exceeding $2 million.
(c) If all defendants admit liability at the time of filing their answer and
request a trial only on damages:
(1) 33-1/3% of any recovery up to $1 million; plus
(2) 20% of any portion of the recovers- between $1 million and $2
million; plus
(3) 15% of any portion of the recovers' for any amount exceeding $2
million.
(d) An additional 5% of any recovery after notice of appeal is filed or post-
judgment relief or action is required for recovery on the judgment.
Any contingent fee that exceeds the above standards shall be presumed, unless rebutted, to be clearly excessive.
The above attorney's fees may be lesser if they recovery is being paid by a governmental entity depending on the nature of the entity and the nature of the claim.
In the event of joint representation; any attorneys' fees recovered shall be divided between GRB and_________________With________% going to GRB and________% going to________________________. This division shall have no impact on the attorneys' fees charged to the client(s).. If the amount paid________is greater than 25%, costs shall be paid in proportion to the allocation of fees. Costs shall be paid within 30 days of date of billing. In the event that costs are not paid within 30 days of date of billing, ORB shall have the discretion to either compel the payment through judicial process or elect that the attorney's fee division be 75% to GRB and 25% to the referring lawyer. GRB shall provide the referring lawyer with written notification of such election within 30 days from the date payment was due.
I/we understand that, in certain types of cases, the Court may award an attorney's fee to the prevailing party. In such cases, I/we agree to pay to GRB the greater of either the above-described contingent fee or a reasonable fee as determined by the Court. In settlements based upon deferred payments, the attorneys' fee shall be computed upon the present cash value.
ATTORNEY'S FEE LIENS OF PREVIOUS LAWYERS:. Any and all attorney's fee owed to previous lawyers in connection with the prosecution of this/these claim(s) shall be the direct responsibility of the client(s) and shall be deducted from the clients' net recovery after contingent fees and costs of GRB.
GRB agrees to litigate, on behalf of he client(s), any associated. entitlement to any attorney's fee by previous counsel and resolve any asserted liens by judicial order of the trial Court or settle any asserted attorney's fee lien with client(s) approval.
CLIENTS' RiGHTS: Before signing this contract, I/we have received and read the Statement of Client's Rights, attached to this Agreement, and understand each of the rights set forth in it. I/we have sighed the Statement and I/we have received a signed copy to keep to refer to while being represented by GRB.
I/we understand that I/we may cancel this contract by written notification to GRB at any time within 3 business days of the date the contract was signed, as shown below, and if canceled, Ewe shall not be obligated to pay any fees to GRB for the work performed during that time. If GRB has advanced funds others in connection with my/our representation during that time, GRB is entitled to be reimbursed for such amounts as it has reasonably advanced on
my/our behalf.
COSTS: I/we have, deposited with GRB the sum of $_____________ To be held as a deposit to be applied to the costs of the preparation of my/Our claim(s) and, should it be necessary to file a lawsuit, to the costs of the preparation and trial of the lawsuit.
GRB may agree to advance on my/our behalf such additional sums of money as may be needed for the preparation and trial of my/our claim(s). GRB is authorized to make such additional expenditures on my/our behalf without consulting me/us so long as GRB believes that the amounts expended are reasonable and needed for the preparation and trial of my/our claim(s).
"Costs" shall include all expenditures made in connection with the prosecution of the case(s) including, but not be limited to, expenditures for filing fees; subpoenas, depositions, witness fees, investigation, expert witnesses, legal nurse consulting, independent contractors, medical records and reports, photographs, photocopying, long-distance calls, postage, travel, lodging, meals, parking, interest on cost accounts, and all other costs incurred which in GRB's discretion were necessary for the performance of legal services. Costs do not include medical bills or liens.
SETTLEMENT: GRB shall abide by a client's decision whether to make or accept an offer of settlement of a matter. However, no settlement discussions shall be made without GRB's knowledge.
I/we understand that in making a determination as to the settlement of my/our claim(s), the claim(s) must be evaluated on its/their own merits based on the potential for success in proving liability, the type of damages allowed by law, the likelihood damages will be recovered, the amount of damages likely to be awarded in light of all the circumstances as reasonable and just compensation, and the collectability of any such damages.
I/we understand that in making such a determination of damages a judge or jury will not be made aware of the economic terms of this representation, the costs and attorneys' fees incurred, or any net sums ultimately payable to me/us from any settlement or judgment. As a result, such considerations are legally irrelevant to analysis of the settlement value of the case(s) and I/we acknowledge this. I/we, therefore, will not impose such considerations on when considering the settlement value of the case(s).
MEDICAL HEALTH INFORMATION RELEASE: I/we herein give the Law Offices of George R. Brezina, Jr., P.A. and its employees all rights, demands, and privileges to request, collect, gather, copy, and release and disseminate to third parties my/our personal and family medical history, records, diagnosis, and findings, past and present, in their absolute, sole, and full discretion without objection or further notice upon me/us or my/our legal guardian, if any. Said medical history and records are being herein released in favor of the full use and discretion of the Law Offices of George R. Brezina, Jr., P.A. and its employees, in that my/our medical history, both past and present, are at or likely to be at "issue" regarding my/our claim(s) for bodily injuries stemming from the aforementioned accident.
RECOVERY: I/we expressly grant power to GRB to endorse and deposit into its Trust Account any checks in my/our name, and authorize GRB to deduct fees, costs and expenses, and to pay all hospital and medical bills from any/our share of recovery. Any unpaid bills for medical care shall remain my/our obligation.
OTHER SERVICES: This Agreement is only for services rendered on my/our behalf against the Defendant in this/these claim(s). GRB may charge a reasonable fee for collection of policy benefits, defense of counterclaims, filing of estates or guardianships, filing of actions against parties asserting a lien or for any other legal matters upon prior agreement with me/us.
CASE EVALUATION: is we acknowledge that this contact is being entered into at the earliest stages of the representation prior to the facts and the law of the case being fully discovered and investigated and before the factual position and legal defenses of any Defendant(s) has/nave become known. As a result, GRB is not in a position at the time of signing the contract to provide detailed or meaningful advice on the merits or value of the case(s).
Such an evaluation cannot reasonably be made until the case is fully investigated. At that time, GRB will more fully discuss the claim's merits, value and any potential outcome(s) and risks.
DISCHARGE OF ATTORNEY: If I/we elect to terminate this Agreement, I/we shall immediately pay all costs and expenses incurred by GRB. In the event that I/we decide to terminate this contract without good legal cause, GRB shall be entitled to fees as determined by the Court of appropriate jurisdiction, and a lien shall be entered in the file(s) for that purpose. In the event that any post judgment matters arise, and the law firm does not continue to represent me/us in such post judgment matters, nothing herein shall be construed to limit any attorneys' fees earned to that point.
WITHDRAWAL OF ATTORNEY: GRB reserves the right to withdraw from the representation for reasons described in this Agreement or for any other reason allowed by law. In the event of such withdrawal, GRB reserves the right to place a lien on the ease(s) for all outstanding costs and attorneys' fees to the extent allowed by law.
DISAGREEMENTS: BETWEEN ATTORNEY AND CLIENT: In the event client(s) refuses) to follow or elects to disregard GRB's legal advice regarding any aspect of this/these case(s) at any time during the representation, including but not limited to, the merits of the case(s), the likely outcome and value of the case(s), the litigation strategy of the case(s), the decision to settle or try the cases), or the amount of any settlement, GRB reserves the right to withdraw from the case(s).
ATTORNEY'S FEES OR COSTS DISPUTE : The parties agree that any and all disputes between attorney and clients) or between attorneys concerning attorney's fees or costs shall be submitted to the Florida Bar's binding arbitration program.
ARCHIVE OF ORIGINAL FILE: The original file, regardless of the outcome of the claim(s), will be stored/archived for a maximum of seven years. After that time, your entire file will be shredded, inclusive of all original and any and all copies of: Pleadings; demand letters/packages; medical records/bills; accident report; X-Rays; MRI films; photos; recorded statements, etc. If you wish to obtain your file prior to its being destroyed, please contact this office IN WRITING with specific instruction regarding your file pickup or delivery. Any and all expenses regarding or related to your file pickup or delivery must be prepaid.
CONFLICT OF INTEREST This notice is written pursuant to Florida Bar Rule 4 1.8(g) to advise you that the above referenced claim may involve certain conflicts of interest with this office's representation on your behalf. Specifically, conflicts of interest may arise in the event that multiple parties are seeking limited amounts of coverage; negotiations with medical providers and/or clinics referred by or through this office; disputes arising regarding liability and/or shared liability and/or comparative fault/negligence; settlement negotiations with other third parties including, but not limited to, hospitals, ambulances, LOPs (Letters of Protections) issued-to- third parties; as well as between spouses. Please be fully-advised that your execution of the attached Contingency Fee Agreement as well as the Statement of Client's Rights shall acknowledge your notice of possible conflicts of interest which may arise during your representation by this office as well as your waiver and release of any claims against The Law Office of George R. Brezina, Jr.,P.A its agents, and/or employees arising from same.
DATED this_______________day of__________________________ 20_______
Signature:______________________________________________________
Employment upon the above terms is accepted
by:________________________________________________________
George R. Brezina, Jr., P.A. Attorney at Law
________________________________________________________
Attorney (if applicable)
The Law Office of George R. Brezina, Jr., P.A
1915 North Dale Mabry Highway, Suite 300
Tampa, Florida 33607
"NO FEES OR COSTS UNTIL WE WIN YOUR CASE"
You might wonder what areas we practice as a personal injury attorney. Cities serviced: St. Petersburg FL, Largo FL, Clearwater FL, Palm Harbor FL, Tarpon Springs FL, New Port Richey FL, Port Richey FL, Tampa FL, Brandon FL, Bradenton FL, Sarasota FL, Ft Myers FL, Naples FL, Miami FL, Ft. Lauderdale FL, Daytona FL, Orlando FL, Jacksonville FL, Pensacola FL, Tallahassee FL and Florida.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the attorney to send you free written information about his/her qualifications & experience.