Florida Office:
151 North Nob Hill Road, Suite #404
Plantation, FL 33324

Colorado Office:
6154 Northway Dr.
Morrison, CO 80465

KCG LAW, PLLC.

karl@kcglaw.info
jordan@kcglaw.info
assistant@kcglaw.info

Mailing Address:
151 North Nob Hill Road, Suite #404
Plantation, FL 33324

PROPERTY DAMAGE QUESTIONNAIRE

Please try to fill all information to the best of your knowledge.

Client Information

Claim Information

Colorado Retainer Fee Agreement

Please read the full agreement below before signing.

I, "Client", hereby employs and retains the law firm of KCG Law, PLLC, hereinafter referred to as "Law Firm," as Client's attorneys to perform the legal services in support of the matters described below. ATTORNEY agrees to perform them faithfully and with due diligence.

A. EFFECTIVE DATE

This agreement may not take effect, and Law Firm will have no obligation to provide legal services, until it is executed by all parties. Once executed, however, this agreement shall be effective as of the date Law Firm first provided services to Client.

B. SCOPE OF REPRESENTATION

The claim, controversy, and other matters with reference to which the services are to be performed are: prosecution of Client's claims for damages and insurance proceeds against one or more parties, including but not limited to Client's insurance company(ies) and insurance adjuster, and insurance agent, arising out of property damage and other damage to Client's property. Law Firm shall have sole discretion on whether or not a lawsuit should be filed, unless otherwise agreed to in writing.

Law Firm is retained to represent Client only. If Client is an association, corporation, or other entity, Law Firm does not represent members (including individual homeowners), owners, officers or directors of Client.

C. HOW LAW FIRM COLLECTS FEES
  1. Attorney Fees and Costs: 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.
  2. Gross Amount Collected: "Gross Amount Collected" means the amount collected before any subtraction of costs or expenses.
  3. Advanced Costs: Law Firm agrees to advance costs on behalf of Client. Client is not responsible for costs in the event there is no recovery. Costs include but are not limited to legal research, filing fees, service of process charges, expert witness fees, court reporter fees, parking, tolls, mileage and travel expenses (at current IRS rates), deposition costs, and document processing. Law Firm does NOT advance the cost of appraisal.
  4. Client is not liable to pay compensation other than from amounts collected for Client by Law Firm, except that any work beyond the scope of paragraph B shall be billed at Law Firm's standard hourly rates.
  5. Client and Law Firm further agree that Law Firm shall have a lien on any amounts which may be recovered for Client upon the claim.
  6. In the event Law Firm works with "associated counsel" on the case, no additional fees will be charged to Client.
  7. In the event attorney fees are specially awarded to Client by a court or arbitrator, the amount will be included as part of the Gross Amount Collected.
  8. Costs and attorneys' fees awarded to an opposing party against Client will be paid by Client when ordered. Law Firm will not advance these fees.
  9. Law Firm, in its discretion, may decide not to advance or incur any costs until after a preliminary investigation of available insurance and/or assets.
  10. Client authorizes Law Firm to pay all costs and fees incurred from the amount collected, immediately upon collection.
D. RELATIONSHIP OF LAW FIRM AND CLIENT
  1. Client agrees not to take any action in this matter except through Law Firm, and Client agrees to be forthright with Law Firm and to cooperate with Law Firm at all times.
  2. 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 any aspect of the case with any person without prior consultation with Law Firm.
  3. Client and Law Firm agree that all experts and consultants are jointly retained. Law Firm shall have final authority on all matters relating to trial or settlement strategy.
  4. Law Firm shall have the right to conduct negotiations for settlement or compromise on behalf of Client. Client shall have the final right to accept or reject any settlement offer.
  5. Law Firm is hereby granted a power of attorney so that Law Firm may have full authority to prepare, sign and/or file all correspondence, legal instruments, pleadings, drafts, authorizations and papers on behalf of Client.
  6. Law Firm is also authorized and empowered to act as Client's negotiator in any and all settlement negotiations.
E. HOURLY RATES

Those rates currently range from $500.00 per hour for partners, $450.00 per hour for associate attorney's and from $195.00 for other staff and are subject to adjustment during the course of our engagement.

F. NO GUARANTEES

Law Firm makes no promises or guarantees regarding the outcome of this legal matter. In the event Client does not prevail, Client may be liable for the opposing party's attorney's fees and costs.

G. ABUSE OF PROCESS

Client understands that a suit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process.

H. CLIENT FILES

Unless otherwise directed by Client in writing, Law Firm may destroy Client's files five (5) years following the termination of representation.

I. NO TAX, FINANCIAL OR BANKRUPTCY ADVICE

Law Firm has not been retained to provide Client with any tax, financial or bankruptcy advice. Client recognizes the need to consult with tax advisors regarding this case.

J. RECOVERY TO BE PLACED IN TRUST

Client agrees that any recovery obtained may be deposited in Law Firm's client trust account. Any interest earned will be paid to the Colorado Lawyer Trust Account Foundation, unless other arrangements are made in writing.

K. WITHDRAWAL OR TERMINATION OF REPRESENTATION
  1. Law Firm's Right to Withdraw: Law Firm may only withdraw from representing Client consistent with Colorado Rule of Professional Conduct 1.16.
  2. Client's Right to Terminate: Client may terminate Law Firm's service at any time upon written notice. Client shall pay Law Firm all incurred costs plus attorney fees calculated on time worked at hourly rates, or contingency fee on the highest settlement offer, whichever is greater.
L. 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.

M. MORTGAGE COMPANY

If there is a mortgage company on the property and there is no valid assignment of benefits, pursuant to Colorado 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.

N. 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 regarding settlement offers, valuation of the claim, strategy and/or general information as to the claim.

O. 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 may be included on any indemnity payment by way of settlement.

P. CANCELLATION WITHIN THREE DAYS

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.

Q. NOTICE

To Attorney: Karl C. Gonzalez, Esq., KCG Law, PLLC, 151 N Nob Hill Rd., 404, Plantation, Florida 33324
To Client: Via Email

R. ARBITRATION OF DISPUTES

The Parties agree to binding arbitration in Broward County, Florida, for any and all disputes arising under this Agreement.

S. GOVERNING LAW

This Agreement shall be governed by Colorado Law.

T. QUANTUM MERIT

Should a court deem Client's obligation to pay Law Firm to be invalid, Client agrees to pay Law Firm the reasonable value of all services provided.

U. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable, such invalidity shall not affect any other provisions.

V. ENTIRE AGREEMENT

This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements.

Electronic Signature

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