Contingency Fee Agreement

1. The undersigned client(s) (hereinafter called ?Client?) retains the services of ______, (hereinafter called ?Law Firm?) to represent Client with respect to Client's case/claim as a result of ______ [specify, for example: vehicular accident, animal attack, medical malpractice], which event or act occurred on or about ______ [date].

2. Law Firm is licensed in the State of ______ only. In the event the occurrence took place outside ______, Client agrees that Law Firm may handle the matter for the purpose of attempting to arrive at a settlement agreeable to client. If such a settlement does not take place, Client is agreeable that Law Firm may hire an out-of-state attorney in the jurisdiction where the event took place but that the compensation to the out-of-state Law Firm shall be paid by Law Firm.

3. In the event that Law Firm determines that in order to properly develop Client's case that another attorney needs to be associated into the matter to join with Law Firm, the fees of the additional Law Firm are to be borne by Law Firm and not by Client. This is different than special appearance charges discussed below.

4. The fee for the Law Firm shall be ____ [36.5%] of whatever is recovered in the claim/case. This fee is to be increased if a lawsuit is filed. If the lawsuit is filed, even if it is not served, the fee shall be increased to ____ [44%]. ?Whatever is recovered in the claim/case? includes money labeled ?med-pay? if this med-pay money is recovered from a third party. If the med-pay money is recovered from Client's own first party med-pay coverage, Law Firm is still entitled to its fee percentage out of the medical payments paid from the first party coverage if Law Firm has billed the medical payment coverage.

   (a) If your case is a medical malpractice matter, the fee is regulated by ______ [specify, for example: Section 6146 of the Business and Professions Code] pertaining to medical malpractice actions. The fee in a medical malpractice case only shall be as follows ______ [specify, for example:

   (1) Forty percent of the first Fifty Thousand Dollars ($50,000.00) recovered;

   (2) Thirty-three and one half percent of the next Fifty Thousand Dollars ($50,000.00) recovered.

   (3) Twenty-five percent of the next Five Hundred Thousand Dollars ($500,000.00) recovered and

   (4) Fifteen percent of any amount which the recovery exceeds Six Hundred Thousand Dollars ($600,000.00).]

   (b) If Law Firm obtains on behalf of Client a recovery based on any cause of action other than medical malpractice including but not limited to fraud, battery, intentional infliction of emotional distress or a violation of the Federal Emergency Medical Treatment and Active Labor Act, the fees specified in paragraph four (a) above shall not apply as to any monetary recovery pursuant to those causes of action. In that circumstance, the Law Firm's fees shall be the non-medical malpractice percentages.

   (c) The Law Firm's fees are calculated on the gross amount...