Medical Malpractice Contingency Fee Agreement
___________________ ("Client") requests and authorizes _______________________ ("Lawyer") to represent him/her in all matters arising out of the medical malpractice occurring on [DATE OF ACCIDENT], at [TIME] a.m./p.m., against [THE DEFENDANT(S)].
1. Lawyer agrees to exercise his/her best efforts and professional ability, and will consult with Client on an ongoing basis regarding major decisions relating to this matter, including trial or settlement.
2. Client agrees to cooperate with Lawyer, assist Lawyer with preparing the case as Lawyer requests.
3. Client agrees not to do any act that impairs the value of the case.
4. Client agrees not to settle the case without Lawyer's participation and consent.
5. Client agrees not to speak to others or consult other lawyers about the case.
6. Client agrees to pay all reasonable costs associated with the litigation including, but not limited to, investigation, court costs, photocopying, legal research, and obtaining expert witnesses. Lawyer will advance these funds then deduct these costs from any settlement or jury award.
7. Client agrees to keep medical billings up to date and forward to Lawyer all bills and medical records associated with the litigation.
8. Client agrees to pay Lawyer's fee for professional services as follows: ______ percent of any settlement or recovery, and _______ if the case is appealed. Further, if, at the time the case is settled or a judgment is paid Client owes Lawyer for any expenses or other items, Lawyer may deduct that sum from the amount to be paid to Client. The percentage recovery will be calculated [BEFORE/AFTER] outstanding medical bills, expenses and reasonable costs of suit are deducted.
9. If Client makes no recovery, Client owes Lawyer nothing for legal services or expenses.
10. Lawyer will maintain all documents relevant to this representation during the representation. At the conclusion of this engagement, we will retain your original documents for a period of [NUMBER] years unless you request that they be returned to you. If you have not requested possession of the file or any of its contents at the end of [NUMBER] years, the file will be destroyed in accordance with our record retention program.
11. Lawyer reserves the right to terminate this contract if at any time he/she concludes that the claim is without merit.
12. Client agrees that Lawyer cannot promise or guarantee a particular result.
13. This agreement represents the full agreement between Client and Lawyer. No other agreement, written or oral, exists, and discussions between Client and Lawyer that are not set forth in this agreement are not part of this agreement.
14. If Client or Lawyer agree to change any term in this agreement, the agreed-to change must be in writing and signed by both parties.
I, ____________________, acknowledge that I have read this agreement fully, understand its terms., and agree to them. I received a copy of the agreement when I signed it.