I, (“client”), do hereby employ and retain Yarborough Applegate LLC of Charleston, South Carolina (“attorneys”) to render legal services on my behalf against the at-fault party, or any other person, firm, or corporation, liable in damages for claims sustained by me on or about the day of , 20 as a result of .
I AGREE TO THE FOLLOWING ATTORNEYS FEES
I agree to pay the attorneys Thirty-three and One-third Percent (33 1/3%) of whatever might be recovered from any source in the event of settlement prior to instituting a lawsuit or a Notice of Intent in a professional negligence case. I do hereby agree to pay the attorneys Forty Percent (40%) of whatever might be recovered from any source from any settlement, verdict, or recovery obtained after the filing of a lawsuit or a Notice of Intent to File Lawsuit in a professional negligence case. Should the case be settled on a structured-settlement basis, the law firm’s fee percentage will be based on the present cash value of the structured settlement and will be paid out of the initial proceeds. If no settlement, verdict, or recovery is obtained, I will not be responsible for any fees of said attorneys. If there is an appeal to any appellate court filed at any time during or after the filing of a lawsuit or a separate declaratory judgment action filed by an insurance company for the purpose of contesting coverage, I agree to pay either an additional contingent fee of 5% or for my attorneys to hire appellate/coverage counsel at an hourly rate to be advanced by them and charged as a cost/expense on my case, which will be deducted from my share of the recovery as described in the paragraph below. The choice of which method of additional payment to utilize to fund any appeal/DJ is solely in the discretion of my attorneys.
I further agree that in addition to the above fee, Yarborough Applegate LLC will receive from me reimbursement for all costs, expenses, and disbursements made by Yarborough Applegate LLC during the representation. These expenses are to be deducted from my share of the recovery after payment of the contingent fee to Yarborough Applegate LLC. The expenses include, but are not limited to, the following categories: expert fees and costs; deposition fees and costs; court reporter fees and costs; witness fees; investigator costs; office expenses, including copy (client will be charged 25 cents per page for copies), mail, and facsimile costs; expenses incurred during travel, including mileage, airfare, hotels, car rentals, and meals; computer-aided research costs; costs to create trial and other demonstrative exhibits; and any costs of retaining an outside firm/company to determine, verify, and negotiate any third party, Medicare, or Medicaid liens or set-aside trusts, or probate issues. I specifically authorize my attorneys to retain an outside firm to handle any such appellate, probate, or lien issues and understand that the costs of retaining such a firm will be advanced by my attorneys as an expense in my case.
The attorneys may, at their discretion, withdraw at any time from the representation if the claim does not appear to be recoverable or for any other reason. I also may withdraw for any reason. If I end this agreement before a settlement, jury verdict, or order becomes final, the attorneys are entitled to reasonable legal fees for services provided. The attorneys have a lien on my claim, suit, or recovery for these legal fees, for costs advanced and/or for qualified expenses incurred on my behalf for this case. The amount of the lien shall not be less than 40% of the most recent total offer(s) of settlement conveyed by Defendant(s). I agree that this percentage of the latest offer received is a reasonable fee since the offer would have been generated as a result of the work product of the attorneys prior to separation between the attorneys and me. If no offer has yet been received at the time of separation between my attorneys and me, the attorneys are entitled to a lien based on the amount of work done on the file to date. The lien based on work done before any offer is tendered will be reimbursed at a rate consistent with fees paid on similar cases. The lien will apply to any future funds received on the case. The lien will be paid before I receive money from any subsequent attorneys or insurance concern on this case. I agree that the lien from this contract is superior to any subsequent fee paid to other attorneys or me in regard to this specific case.
By signing this agreement, I grant my attorneys a limited power of attorney to sign any checks or drafts made payable to me and representing settlement of this case for the purposes of depositing the same into an Escrow Account. I understand that these funds will be held in Escrow until I have signed an itemized accounting of how the funds will be disbursed. I also empower them to forward by regular mail any sums due to me after payment of attorneys’ fees and costs, and to do all acts deemed necessary and appropriate to conclude the settlement and disbursement of any recovery in this matter. I understand that no settlement may be concluded, however, without my consent and agreement.
I hereby agree with the attorneys not to make any settlement unless the attorneys are present. In the event that a settlement or verdict is obtained, the attorneys agree and I acknowledge that disbursement of said settlement or verdict will be handled by Yarborough Applegate LLC and any interest on said money held in trust will be paid to the IOLTA administered by the South Carolina Bar Association.
If, after an investigation, the attorneys determine in their professional opinion that my case does not warrant further pursuit, or that offers made to settle are the maximum obtainable, the attorneys may terminate services under this agreement.
I further grant the attorneys power to contract for on my behalf services that are necessary for the efficient prosecution of my case. I also grant the attorneys authority to protect and agree to protect any liens for necessary medical services that have been provided to me, and to honor said liens and/or any other non-medical assignments executed by me at the time the proceeds of any recovery are disbursed.
I agree that the attorneys have my consent to use their discretion about what confidential information they disclose about my case for any reason they deem appropriate. I further agree that the attorneys may disclose facts and circumstances related to the resolution of my claim in the attorneys’ advertising, provided my name is not disclosed, unless public identification of me has already occurred through court filings. I give my attorneys permission to store my file electronically either in house or on an off site server or a cloud based server, and to communicate about my case with me or others via email, text or electronic messages.
I hereby acknowledge that my attorneys’ representation does not include advice regarding taxes, financial planning, government benefits issues, or other specialized subjects.
I agree that the attorneys have made no promises or guarantees regarding the outcome of this claim or lawsuit.
I HAVE READ OVER AND FULLY UNDERSTAND THE ABOVE CONTRACT.