ATTORNEY - CLIENT EMPLOYMENT AGREEMENT (JONES ACT )

This agreement is entered into by and between _______________________________, hereinafter referred to as the Client and the OGLETREE ABBOTT LAW FIRM L.L.P., hereinafter referred to as Attorney and whose principal address is 12600 N. Featherwood, Suite 200 Houston, Texas 77034, for legal services rendered in connection with a maritime injury which occurred on the _____ day of __________________, 200__.

In consideration for the Attorney's services, the Client hereby assigns, warrants, and conveys to said Attorney a percentage of thirty-three and one-third percent (33 1/3%) of the gross recovery, prior to the deduction of costs and expenses, of such cause or causes of action if the case settles prior to a lawsuit being filed.  If the case settles after a lawsuit is filed, Attorney's fees are forty percent (40%).  This contract does not cover the appellate process.   In the event the cause of action is appealed, a separate contract would be required.  In the event a settlement or judgment is not obtained in the matter, the Client shall not be liable for any expenses of litigation.  Expenses of litigation are those expenses that are only incurred for the handling of your case.  In addition thereto, the Client hereby assigns to said attorney an interest in the remaining share of the amount collected in a sum of money equal to all expenses of litigation and investigation not previously paid by the Client plus all other claims, expenses, medical expenses, and other sums of money paid or guaranteed to be paid by said attorney out of the amount collected, all of which shall be deducted from my remaining share of the amount collected before final distribution of the sum recovered.  Not withstanding this language, the client shall be personally responsible for the cost of all medical and/or chiropractic treatment.

The Attorney has a prerogative to pursue either cash or structured settlement negotiations.  If the case is settled by way of structured settlement, the client approves and authorizes the Attorney's fees to be based upon the cost of the settlement to the defendant and his liability insurance carrier and further authorizes the Attorney to take the fee, either in cash or in structured payments, as the Attorney deems appropriate.  The client further authorizes the Attorney to retain structured settlement specialists and tax consultants to assist in evaluating the efficacy and benefits of such a settlement.  The fees for such services will be carried as an expense of litigation.  No settlement of any kind may be made by my said Attorney without my consent.

This Contract is executed with the understanding that after investigation, the OGLETREE ABBOTT LAW FIRM may elect to terminate this contract and return all file material to me.  The client further agrees that Ogletree may withdraw at any time upon giving notice by mailing notice of withdrawal to the client’s last known address.  Said notice will be sent via certified mail, return receipt requested.  It is the client’s responsibility to immediately notify the Ogletree Abbott Law Firm of any change of address.   The Client shall keep the Attorney advised of his address at all times, shall appear on reasonable notice at any and all depositions and court appearances, and shall comply with reasonable requests of the Attorney in connection with the preparation and presentation of the aforesaid claim and cause of action of the Client.  In the event the client fails to comply with these requests, the Attorney may withdraw from the case.  This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this agreement.

In case any one or more of the provisions contained in this agreement shall for any reasons be held to be invalid, illegal or unenforceable it shall not affect any other provisions thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.  In the event either party has to retain an attorney, the prevailing party shall be entitled to reasonable attorney's fees and all expenses.  Performance of this contract is required in Houston, Harris County,  Texas, and venue of any dispute shall be in Houston, Harris County, Texas.

Client understands that Attorney has made no representations concerning the successful termination of this claim, or the favorable outcome of any legal action that may be filed, and does not guarantee that Attorney will obtain reimbursement to Client of any of Client's costs.  Client further expressly acknowledges that all statements of Attorney on theses matters are statements of opinion only.  This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter.

 

Date Signed: ___________________________________

 

Client: _________________________________             Attorney: _________________________________
 

 

Copyright 2006, Ogletree Abbott Law Firm, L.L.P.