OK honestly I have an attorney retainer(specifically) I need someone to look at but I also have a "legal service agreement": As follows
Purpose of Employment
Client retains attorney to represent her as her attorney at law in such a lawsuit against DeLooney and empowers attorney to affect a compromise in the matter or to take such legal action as may be advisable in Attorney's sole judgement. Client acknowledges that she may be acting on behalf of a putative class of check writers who were exposed to the same practices of DeLooney, if her case fits the criteria of a class action. The Client agrees to act in the best interests of the others and not settle the action without making provision for the class to recover. The Client agrees that she will cooperate with the Attorney in prosecution of the claims and defenses, including developing and making strategy decisions, appearing at trial and at a depostion.
Attorney's Fee
Attorney sall be paid for services the greater of 33 1/3% of the amount recovered or the amount of fees awarded by the Court against DeLooney, regardless of when settled and recovered. Attorney shall look only to moneys paid by DeLooney or other defendants, or paid on their behalf, for attorney's fees. Any recovery obtained for the Client shall be paid to the Client and Attorney pro rata. Attorney agrees to make application to the Court for payment of Attorney's fees and court costs. To the extent Attorney is awarded such fees and court costs by the court, Attorney shall deduct the amount so awarded from the 33 1/3%. Client agrees not to compromise this case in a manner that dilutes Attorney's fees or hinders Attorney from collecting his fees.
COSTS AND DISBURSEMENTS
Attorney shall pay the costs and disbursements required in this lawsuit. Such costs and disbursements shall be reimbursed to the party paying them in full from the first monies recieved from any recovery.
ATTORNEY'S LIEN AND RETENTION OF FEES
Attorney may retain fees and costs out of any amount collected or recovered by suit, settlement or judgement for services. Attorney is hereby given a lien for attorney's fees and costs on the claim or cause of action and/or on any sum recovered by way of settlement, and collection. Attorney is entitled to and shall be paid as attorney's fees, the greater of the percentage of recovery as provided above or actual hours billed if Client substitutes counsel or settles her claim without consent of Attorney.
ASSOCIATE COUNSEL
Attorney may employ associate counsel to assist in prosecuting Client's claim and the fees for such counsel shall be treated as attorney's fees hereunder.
FAVORABLE OUTCOME NOT WARRANTED
Attorney makes no warranties regarding the succesful termination of Client's claim and cause of action or that Client can obtatin compensation for serving as a class representative, although the Attorney will use best efforts to achieve such result.
COUNTERCLAIMS NOT HANDLED ON CONTINGENT FEE BASIS
This agreement applies only to the claim being asserted on behalf of the Client. Attorney will represent the Client on any counterclaim that arises out of the subject of this lawsuit. However, any other counterclaim and other matters shall not be handled within this agreement.
WITHDRAWL OF ATTORNEY
Attorney may, in their discretion, withdraw from representation of Client.
~~~OK what do you think?
