Client does hereby retain and employ KCG LAW, PLLC ("Law Firm"), and such other attorneys as the Law Firm deems necessary, as my attorneys to represent me in my claim(s) for damages, both contractual and extra-contractual, against the insurance carrier, or any person, firm, or corporation who is or may be liable for the damages resulting from an occurrence or loss. Client does further retain and employ Law Firm to represent me in my claim(s) for damages, both contractual and extra-contractual, against the insurance carrier, or any person, firm, or corporation who is or may be liable for the damages resulting from an occurrence or loss pursuant to assignment of benefits. The expectation is that reasonable attorneys' fees, court costs and other recoverable expenses will be paid by Defendant by settlement or court award (collectively referred to as "Statutory Attorneys' Fees") in the event a lawsuit is filed.

1. HOW LAW FIRM COLLECTS FEES

PROPERTY CLAIMS: Client agrees that the Law Firm shall be entitled to 15% (fifteen-percent) of the Gross Amount Collected plus costs if the matter is settled without a lawsuit and 20% (twenty percent) of the Gross Amount Collected plus costs in the event a lawsuit is required and filed or statutory attorney's fee, whichever is greater

BAD FAITH: If statutory bad faith damages are recovered by way of settlement and/or judgment, Client agrees Law Firm shall be entitled to either the greater of 40% of all amounts recovered before the deduction of expenses/costs or statutory fees.

If no settlement or judgment is obtained, Client will not be responsible for these costs, absent a rejected proposal for settlement or motion for sanctions directed towards Client only.

2. NATURE OF EMPLOYMENT

Law Firm will pay the costs to prosecute the claim on behalf of Client. Law Firm will attempt to recover most, if not all, these costs from the insurance carrier. It is agreed that Law Firm will have to be reimbursed for these costs from a settlement and/or judgment. It is agreed and understood that if no recovery is made, and Client does not terminate and/or discharge Law Firm, Client does not owe Law Firm attorney's fees, nor will Client be indebted to my attorney(s) for any sum of attorneys' fees.

In the event that Client terminates and/or discharges Law Firm from representation of Client, for any reason, whether with cause or without cause, Client agrees Law Firm will be entitled to recover its reasonable attorneys' fees and costs from the carrier that were incurred in the representation of the client, including fees pursuant to quantum meruit.

3. CANCELLATION WITHIN THREE DAYS

Client understands that this Agreement may be cancelled by written notification to Law Firm at any time to karl@kcglaw.info within three (3) business days of the date the Agreement is signed, as shown below. If cancelled, Client shall not be obligated to pay any fees to Law Firm for the work performed during that time. If Law Firm has advanced funds to others in their representation of Client, Law Firm is entitled to be reimbursed for such amounts as they have reasonably advanced on the Client(s)' behalf.

4. LAWYERS' RIGHT TO WITHDRAW

At any time, Law Firm and any associate counsel may discover learn of unfavorable facts or become aware of negative / unfavorable legal rulings that may lead them to determine case not worthy of pursuing recommend that this case be dismissed, or that other attorneys be hired to handle this case. Client agrees that Law Firm, and any associate counsel, may withdraw from Client's case any time they recommend that this case be dismissed and Client disagrees. It is expressly acknowledged that Law Firm has no duty to find replacement counsel.

5. ACTION TO RECOVER FEES/COSTS/LIENS

For any action brought to enforce payment of any money due under this contract, Client agrees to pay all costs of collection, including reasonable attorney's fees. Client confirms Law Firm will be entitled to a charging lien on any claim pursued by Law Firm on behalf of Client in which Client terminates and/or discharges Law Firm, with or without cause.

6. MORTGAGE COMPANY

Client understands that if there is a mortgage company on the property and there is no valid assignment of benefits, pursuant to Florida Law and/or the insurance policy, the Mortgagee/Bank/Lender may have a right to be included as a co-payee on all insurance checks for real property damages. Client will solely be responsible to obtain the Mortgagee's endorsement of such checks.

7. COMMUNICATIONS

Unless otherwise instructed, in writing, Client expressly grants Law Firm permission to communicate and/or consult with any public adjuster, consultant, roofer, general contractor that has been retained and/or will be retained by Client in regards to settlement offers, valuation of the claim, strategy and/or general information as to the claim. Communications with these referenced Individuals will not be considered a waiver of attorney-client privilege.

8. DIRECTIONS TO PAY

Client understands that if there is a Contractor, public adjuster or any other entity with whom client has contracted, Client agrees that said entity shall be included on any indemnity payment by way of settlement, unless prior to any settlement, the client provides proof to Law Firm that the entity agreed not to be on the payment. Law Firm agrees to acknowledge any contracts between client and any third party in relation to the claim for which Law Firm represents client, including naming such contracted with entity on any settlement payments.

9. CLIENT'S RESPONSIBILITIES

Client agrees to keep Law Firm advised of Client's current address and telephone number; to cooperate in the prosecution of the case; to attend depositions, mediation, arbitrations and trials as required; and not discuss the any aspect of the case with any person without prior consultation with Law Firm. Client warrants that every fact they have and will provide to the Law Firm about the case is true, accurate, and complete to Client's best information and belief.

10. ARBITRATION OF DISPUTES

The Parties agree that they shall be deemed to have agreed to binding arbitration in Broward County, Florida, with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement, including, but not limited to, any fee disputes.

NOTICE: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement, you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration.

I have, before signing this contract, received and read the Statement of Client's Rights authored by the Florida Bar and understand each of these rights set forth therein. The Client(s) has/have signed the statement and received a copy to keep and refer to while being represented by this Law Firm.

STATEMENT OF CLIENT'S RIGHTS

Before you, the prospective client, arrange a contingency fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but as a prospective client, you should be aware of these rights:

1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer, you may talk with other lawyers.
2. Any contingency fee contract must be in writing and you have three business days to reconsider the contract. You may cancel the contract without any reason if you notify our lawyer in writing three business days of signing the contract. If you withdraw from the contract within the first 3 days, you do not owe the lawyer a fee although you may be responsible for the lawyer's actual costs during that time. However, if your lawyer may not withdraw from the case without giving notice, delivering necessary papers to you, and allowing your time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after a 3-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer's education, training, and experience. If you ask, the lawyer should tell you especially about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give this information in writing if you request it.
4. Before signing a contingency fee contract with you, a lawyer must advise whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, he or she should tell you and at what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will be represent you, at least one lawyer from law firm must sign the contingency fee contract.
5. If your lawyer intents to refer a case to another lawyer or counsel with other lawyers, your lawyer should tell you about at beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract that includes the new lawyer. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interest and is legally responsible for the acts of the other lawyers involved in the case
6. You, the client, have the right to know in advance how you will pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to decide to know periodically how much is to be spent to prepare a case. If you pay lawyer expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based in the gross amount recovered or on the amount recovered minus the costs.
7. You, the client have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money, which you might have to pay to your lawyer for costs, and liability you may have for attorney's fees to the other side.
8. You, the client, have the right to receive and approve a closing Statement at the end of the case before you pay any money. The statement must the list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise Statement of our lawyer's fee. Until you approve the closing statement, you need not pay any money, including your lawyer. You also have the right to have every law firm working on your case sign this closing Statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer ability.
10. You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believes that your lawyer has charged and excessive or illegal fee, you, the client has the right to report the matter to the Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida Bar, Call 904-222-5286, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separated lawsuit.