Here is a typical form of fee agreement used by our office in employment cases. (Combination Hourly & Contingent Fee) IT IS AGREED between ________, as CLIENT, and FRANCIS G. FANNING, as ATTORNEY: EMPLOYMENT - CLIENT employs ATTORNEY to represent CLIENT in connection with a claim of _______, and empowers ATTORNEY to provide representation in any such claim or lawsuit as may be advisable in the judgment of ATTORNEY. The CLIENT hereby authorizes ATTORNEY to act on the CLIENT'S behalf in such matters, and to bind CLIENT except in the matter of settlement of CLIENT'S claim. Representation for any appellate matter not provided for in this contract will be the subject of a separate written contract. ATTORNEY'S FEE - CLIENT shall pay fees for services as follows: Hourly Fee . CLIENT shall pay ATTORNEY an hourly fee of $75.00 per hour for services performed. This fee shall not be contingent upon any specific outcome, but shall be earned and payable as legal work is performed. Contingent Fee . In the event of recovery, CLIENT shall pay ATTORNEY a fee based upon the gross amount of the recovery of the claim, which fee shall be the largest of: 1. One third (33%) the gross settlement or judgment; 2. $200.00 per hour for attorney time, not to exceed one half (50%) of the gross settlement or judgment; or 3. The total of any amount awarded by the court as attorney's fees. In determining this contingent fee, credit will be given for all amounts paid as non-contingent hourly fees. No Recovery . In the event no recovery is made, ATTORNEY shall receive only the hourly fee set forth in paragraph A for services performed under this contract, and ATTORNEY shall be reimbursed for all costs incurred by ATTORNEY on behalf of CLIENT. D. Retainer . CLIENT shall pay ATTORNEY the sum of $1,000.00 to be used for payment of non-contingent hourly fees and costs incurred. Client will be billed monthly against this retainer and will be expected to replenish it as it is used. Any unused portion of the retainer shall be refunded to CLIENT upon conclusion of this matter. COSTS PAYABLE - CLIENT shall pay reimbursement to ATTORNEY for all reasonable and necessary costs incurred in pursuit of this matter. ATTORNEY may use discretion in incurring costs. "Costs" are defined as any expenses incurred or billed in the case which may include, without limitation, the following: A. Copying charges (actual copying costs charged by any government agency, insurance company, health care provider or other party or person; and $.10 per copy of all copies prepared by the ATTORNEY'S office); B. $.50 per page for fax; C. Database and connect charges for legal research services; D. Deposition costs and transcription charges; E. Service by process server or private delivery; F. Travel expenses actually incurred for discovery or deposition, conference or hearing attendance outside of Phoenix Metropolitan area; G. Long distance telephone charges for contact with attorneys, witnesses, or others outside of the Phoenix Metropolitan area; H. Expert witness fees and consultation charges; I. Court fees for filing of suit, issuance of process and any other court charge incurred; J. Charges for any alternate dispute resolution services, such as arbitration or mediation services used in the course of the case. K. Paralegal services, which shall be itemized, at $25.00 per hour. COSTS AS ADDITIONAL EXPENSES - CLIENT understands that costs are separate from attorney fees and that liability for payment of costs exists in addition to liability for attorney fees. CLIENT understands that the total balance of any costs is payable by CLIENT without regard to actual outcome of CLIENT'S case. Costs will be charged against CLIENT'S retainer to the extent that retained funds are available. At the option of ATTORNEY, costs are collectable upon receipt of billings or upon receipt of actual settlement proceeds. If costs are billed directly and CLIENT'S retainer is insufficient to satisfy them, ATTORNEY has the option of withdrawing from representation upon failure of the CLIENT to timely comply with billing payments after reasonable and proper notice. ATTORNEY agrees to supply necessary information to substantiate the deduction of attorney fees and costs upon request of CLIENT. WITHDRAWAL OF ATTORNEY- ATTORNEY may discontinue representation at any time it appears infeasible to pursue the matter on account of the financial status of the employer or insufficiency of the case based upon subsequently discovered facts, when required by the Rules of Ethics of the State Bar of Arizona, or in the event of an unresolved dispute over this agreement, or for other good cause. ATTORNEY will provide an explanation to the client and reasonable and proper notice under the circumstances prior to withdrawing. Although ATTORNEY waives any right to contingent fees by withdrawal, CLIENT remains responsible for payment of non-contingent fees earned and costs incurred. DISCHARGE OF ATTORNEY - CLIENT may discharge ATTORNEY at any time by written notice. In the event of such discharge, CLIENT remains liable for all non-contingent fees and costs incurred on CLIENT'S behalf to the date of discharge and ATTORNEY will be entitled to a pro rata share of any settlement bases upon time ATTORNEY contributed to the case from date originally received by ATTORNEY until its final conclusion by the CLIENT or subsequent legal counsel. SETTLEMENT - CLIENT agrees not to negotiate, compromise or make a final agreement on any matter covered under this agreement without prior knowledge and consent of ATTORNEY. Likewise, ATTORNEY cannot compromise or make any agreement without CLIENT'S authority and consent. COOPERATION OF CLIENT - CLIENT agrees and understands that it is essential that ATTORNEY be regularly informed of CLIENT'S residential and post office addresses both to facilitate necessary CLIENT contact and to allow ATTORNEY to maintain current information. CLIENT agrees to provide a telephone number for calls or messages if such is available. CLIENT agrees to update the ATTORNEY as to any change in employment status. CLIENT further agrees to contact the ATTORNEY promptly to report receipt of any correspondence, information request or release authorization form from any party relating to the subject of client's claim. CLIENT will inform ATTORNEY promptly in the case of any personal contact by any individual seeking information related to the disputed matter. CLIENT agrees to provide information to ATTORNEY to assist in the preparation of the case and in response to interrogatories; attend depositions, office interviews or hearings and comply with any instruction by ATTORNEY in this regard. EMPLOYMENT SERVICES COVERED - CLIENT and ATTORNEY agree that this contract strictly applies to services rendered regarding the claim or lawsuit identified in Paragraph 1, and that any other legal services rendered by the ATTORNEY regarding matters not directly related to this claim are not intended to be covered by the prior provisions of this contract. If CLIENT request legal advice or other services not covered in this contract, the ATTORNEY shall inform the CLIENT that such matter is outside the legal services agreement and that the ATTORNEY will charge for such additional services according to the usual rates applied for such services. NO GUARANTEE - CLIENT understands the results of any legal action are unpredictable and that ATTORNEY makes no representation as to what amount CLIENT or others cliaming through the CLIENT may be entitled to recover in this matter. APPLICABLE LAW - This agreement shall be governed by the law of Arizona in all respects. OTHER PROVISIONS - None. DATED:________ , 2003. _________________________ ___________________________ |