1. Representation: Client (hereinafter “Client”) hereby retains Levy & Partners, PLLC., as Client’s attorney (“Attorney”) to represent Client’s claim(s) for the reporting and presentation of your claim and/or litigation arising out of the non-payment, under-payment, late payment or any other type of unlawful activity conducted by Client’s insurance company relating to the payment of benefits in connection with Client’s insurance claim.
2. Charges for Legal Services-Contingent Fee Basis: If no recovery is made for, or on behalf of Client, Client shall not be obligated to pay attorney’s fees. Attorney shall be entitled to receive as attorneys fees on a contingency fee basis from the gross recovery received by Client, or on behalf of Client, by way of adjustment, settlement, judgment, insurance payment or appraisal award (the “Recovery”), the following percentages of the Recovery:
(a) If No Lawsuit is Filed: Attorney shall be entitled to attorney’s fees plus expenses (as explained below) in the amount of 25% of any Recovery. In the event appraisal is demanded by either the Insurance Company or the Insured, the Insured hereby agrees to pay to the Attorney an additional 5% of the Recovery as an additional Attorney’s fee.
(b) If a Lawsuit (Complaint or Petition) is Filed: Attorney shall be entitled to Attorney’s Fees plus Expenses (as explained below) in the amount of thirty percent of the Recovery or the amount of statutory attorney’s fees plus Expenses that have been agreed to in a settlement with the insurance company; or the amount of attorney’s fees awarded by a Court, including all contingency risk multipliers awarded by a Court, whichever is greater.
3. Expenses: In addition to the legal fees, Attorney is entitled to receive all court costs and expenses incurred relating to or arising under this representation. Client hereby grants permission to the Attorney, in the Attorney’s sole discretion, to retain on behalf of the Client the professional services of appraisers, loss consultants, estimators, engineers and other experts needed to assist in this matter, and Client acknowledges that Attorney will engage such experts. Any and all such expenses incurred on Client’s behalf shall be deducted from Client’s Recovery proceeds, after deducting the attorney’s fees from the gross Recovery.
4. Mortgage Company as Additional Payee: Client understands that if there is a mortgage on the property, the Mortgagee has a right to be a co-payee on all insurance checks for real property damages. Client will be solely responsible to obtain the Mortgagee’s endorsement of such checks.
5. For Clients Who Have Retained a Public Adjuster or Appraiser: In the event the Client has been referred to Attorney by a public adjuster or any other third party, Client hereby represents to Attorney that Client has had the right and opportunity to choose and select an attorney of Client’s own choice, and that Client’s selection of Attorney to represent Client is made solely and voluntarily by Client and not due to a solicitation on the part of Attorney or any third party.
6. Cancellation of Contract: Client can cancel this contract without penalty or obligation within 3 business days after execution of the contract. If Attorney, for any reason, determines it is unfeasible for Attorney to continue Client’s representation, Attorney may cancel the contract and Client will not be obligated to Attorney for legal fees or expenses that Attorney may have incurred on behalf of Client, unless the cancellation is for Client’s failure to cooperate with Attorneys reasonable requests. Notice of cancellation of this agreement must be submitted in writing to the other party and send by certified mail, return receipt requested, fax transmission or other form of mailing or delivery which provides proof thereof.
7. Client’s Compliance with Policy Obligations: Client understands that under the terms of the insurance policy, Client has an obligation to comply with the terms and conditions in the policy by providing documentation and information requested by the insurance company, and, if requested, permit inspections of the property and submit to examinations under oath to be taken by the insurance company’s attorneys. Client understands that if Client fails to comply with these obligations, the insurance company has the right to deny Client’s claim. Therefore, Client agrees to strictly comply with the insurance policy’s requirements.
8. Miscellaneous: This retainer agreement contains the entire understanding of Client and Attorney. Client acknowledges having received a copy of this Contingency Fee Retainer Agreement. In the event of any litigation instituted by Attorney for non-payment of all or any part of Attorneys fee, the prevailing party on the issue of non-payment shall be entitled to recover reasonable attorney’s fees and costs at all trial and appellate levels. The parties agree that in the event of any litigation venue will be in Broward County, Florida.
9. Claim Recovery Proceeds: The Insured hereby irrevocably authorizes Attorney to instruct the insurance company to include the name of the Attorney as an additional payee on all insurance Recovery proceeds and/or checks. Client hereby irrevocably agrees and authorizes Attorney to endorse on behalf of Client as Client’s attorney-in-fact, negotiate and deposit all insurance claim Recovery proceeds into Attorney’s Trust Account for disbursement pursuant to the terms of this Agreement. Client shall receive an itemized contingency fee settlement statement disclosing all fees and costs incurred in this representation and such settlement statement shall be signed by Attorney and Client prior to any disbursement of Recovery proceeds.
ACCEPTED AND AGREED TO:
LEVY & PARTNERS, PLLC.