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CONTINGENCY FEE AGREEMENT
In consideration of the legal services to be rendered by Natalie A. Bausch ("Attorney") for the prosecution of claims existing on my part against parties legally responsible for damages I have sustained, I hereby employ Attorney on the following terms:
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a. Contingency Fee
A contingency fee shall be charged of thirty-three and one-third percent (33.33%) of all gross amounts recovered from any source, including medical, med pay and medical lien reductions, if obtained within one hundred and eighty days of execution, then forty percent (40%) of any such amounts recovered, then forty-five (45%) on any such amounts recovered after preparation of the civil complaint or the initiation or commencement of mediation or arbitration. If the client is a minor, the fee may be determined by the court. If the minor’s settlement does not require court approval, the fee shall be set at twenty-five percent (25%). Total gross amount recovered includes judgment, recovery or settlement, but is not limited to the gross value of the consideration promised or paid to the plaintiff, inclusive of all accrued interest; attorney's fees awarded, the value of any taxes withheld or paid, even by others; the monetary value of services or goods promised or received, actual or constructive; medical payments, disability benefits, workers compensation or other medical, or loan advance liens or claims of subrogation for such benefits, that are part of the settlement of the case, whether or not the lien holder or subrogee is represented by another attorney or intervenor, insurance payments or any proceeds promised or received by the plaintiff to which Attorney has applied legal services. Natalie A. Bausch maintains errors and omissions insurance applicable to the services to be rendered herein.

I understand that Attorney's fee is contingent upon obtaining a settlement or judgment and that it is negotiable and not set by law. I also understand that Attorney does not represent me for any other claims including but not limited to any worker's compensation claims, administrative claims, or claims of a spouse for loss of consortium, or the derivative claims unless said spouse separately retains Natalie A. Bausch. I have been advised to consult with appropriate counsel to determine and comply with any and all statutes of limitation that may apply therein.

b. If No Recovery is Obtained
no fees shall be payable.
c. Costs
All costs to prosecute this action such as fees for court filings, depositions, medical reports, experts, litigation costs, contract attorneys, investigation, or other incidental expenses will be advanced by the Attorney during prosecution of this claim and will be deducted from any sum received by way of settlement, judgment, or award. A minimum charge of $300.00 will be deducted in addition to these costs for opening and closing the case. Client(s) acknowledges Client(s) has (have) read, understands, and agrees to the rates for costs and expenses in the attached Rate Schedule, Exhibit “A”, incorporated herein. The initials’ of Client(s) on Exhibit “A” signifies agreement to the rates set forth.
Initials: *
Your answer
In lieu of contingent fees, client agrees to pay $500.00 should the Attorney handle and/or negotiate any vehicle Property Damage Claim
All costs and charges are to be deducted from any gross sums after the Attorney's fees are deducted.
Initials: *
Your answer
d. Legal Services Specifically Excluded
In addition to the exclusions in section a., other legal services that are not to be provided by the Attorney under this agreement specifically include, but are not limited to the following: Representation with respect to (a) any dispute with a medical care provider about amounts owed by client for services received, or (b) any appeal in which client is an appellant or appellee from a court judgment on Client's personal injury claim. If Client wishes that the Attorney provide any legal services not to be provided under this agreement a separate written agreement between the Attorney and Client will be required.
e. Lien
A lien shall be given for the Attorney’s fees and advances upon any settlement or judgment made or secured herein, and the Attorney is authorized to deduct these fees and advances there from and to pay the balance to Client.
f. Consent
Consent of the undersigned shall be required for any settlement to become binding and Client agrees not to arbitrarily withhold consent to a reasonable settlement offer. In the event that Client accepts payments for part or all of any settlement it is agreed that the Attorney may receive cost and all fees at the time of said agreement and shall not be required to accept payments over time.
g. Discharge and Withdrawal
Client may discharge the Attorney at any time. The Attorney may withdraw without Client's consent for good cause, with reasonable notice and in accordance with Rule 3-700 of the California Rules of Professional Conduct. Good cause includes Client's breach of this Contract, Client's refusal to cooperate with the Attorney or to follow advice on a material matter or any other fact or circumstance that would render continuing representation unlawful or unethical. If Client discharges the Attorney, Client agrees to pay either (1) the agreed percentage of the last settlement offer, or (2) Attorney & legal staff fee as specified in Rate Schedule, Exhibit “A”, whichever is greater, plus all cost as described in paragraph (c) above and in Exhibit “A”, Rate Schedule. Client(s) acknowledges Client(s) has (have) read, understands, and agrees to the rates for costs & expenses in the attached Rate Schedule, Exhibit “A”, incorporated herein. The initials’ of Client(s) on Exhibit “A” signifies agreement to the rates set forth.
Initials: *
Your answer
h. Trial Costs
It is agreed by Client and Attorney that if a settlement offer is tendered in the case by the defendants and the Attorney believes in good faith that settlement the offer is reasonable, and that acceptance of the offer is in the client's best interest, and should be accepted, Client authorizes Attorney to accept said offer on Client's behalf, at Attorney's sole discretion. It is further agreed by Client and the Attorney that if a settlement offer is tendered in the case by the defendants and if the Attorney believes in good faith that settlement should be accepted and communicates this to Client, and Client does not agree to the settlement offer, the Attorney may require Client to advance the reasonable costs of trial in the case. These consist of expert, jury, witness, and exhibit fees and all other normal and customary charges. In the event Client refuses to accept a reasonable settlement offer, and refuses to advance costs, Client thereby agrees to the Attorney to withdraw from the case.
i. Disclaimer of Guarantee
Nothing in this Contract and nothing in any statements to Client will be construed as a promise or guarantee about the outcome of Client's matter. The Attorney makes no promises or guarantees. Comments about the outcome of Client's matter are expressions of opinion only.
j. Alternative Dispute Resolution
Client agrees that any claim made or lawsuit filed can be made the subject of Alternative Dispute Resolution before a practicing attorney, professional mediator, retired Superior of Appellate Court Judge in the sole discretion of the Attorney. Client agrees and understands that referral of this case to such person can result in a binding judgment and includes a waiver of the right to a jury trial and the right of appeal. The Attorney is authorized to execute all documents on behalf of Client to effectuate conclusion of this matter.
k. Disputes
If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect. Client agrees that all disputes between Attorney and Client, including costs, fees, quality of service, malpractice claims to include breach of fiduciary duty, and or fraud shall be submitted to binding arbitration in accordance with §1280, et seq., California Code of Civil Procedure and said parties further agree to use the arbitration services of the Los Angeles County Bar Association, or if unavailable, or unwilling, JAMS. Client understands that binding arbitration waives their right to a jury trial. The prevailing party in any action or proceeding to enforce any provision of this agreement will be awarded reasonable attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter. Client has been afforded the opportunity to have this clause reviewed by independent counsel.
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l. Substitution or Association of Attorney
The Attorney may find it necessary to hire other attorneys, experts or support personnel in the presentation of Client and Client consents to the hiring of such attorneys or others without further notice and at the Attorney sole discretion, at no additional fees to client. Client acknowledges and understands that this includes but is not limited to all phases of settlement and litigation. Client further agrees that the Attorney can negotiate the attorney fee division and /or referral fee with an associate or substituted attorney at the Attorney sole discretion. Client understands and agrees that he/she is still legally obligated to pay contingency fee percentage as indicated in this retainer agreement and that the terms of this fee agreement shall apply to associated counsel.
m. Medical Liens
. Client expressly gives to the Attorney authorization to pay directly to any Medical provider any balance owed by Client for related medical services. If a dispute between medical providers and Client occurs, Client authorizes the Attorney to deduct their fees and costs and interplead any settlement under the applicable code for court review. Client authorizes the Attorney to distribute all earned attorney's fees and costs from the gross settlement proceeds, and to interplead the balance of settlement funds with the state court, and that the lien holders and the Client shall be named as parties to said interpleader action. Attorney will only be responsible for liens that Attorney has been made aware of prior to the date of settlement distribution.
n. Power of Attorney
Client grants Attorney power of attorney to execute all pleadings, claims, contracts, settlements, drafts, checks, compromises, releases, dismissals and documents on behalf of and in place and stead of Client as Client could personally do and further grants Attorney permission and the right to sign Client's name in connection therewith. Client expressly gives to the Attorney full power and authority to sign Client's name to checks, drafts, releases, court documents, and other instruments incidental to this claim. Client grants the Attorney a lien on all causes of action.
o. Conflict Waiver
Client expressly acknowledges that the Attorney has explained that a potential conflict of interest is presented any time the Attorney represents more than one Client in a case or matter. Although Clients have not indicated that there is any disagreement among them, and although the facts known to date do not suggest any actual conflict of interest between any of the undersigned Clients, Client acknowledge that the possibility always exist that a divergence of interest could occur in the future. For example, one of the Clients could develop claims against another of the Clients, which would create a conflict of interest, since the Attorney owes an undivided duty of loyalty to all current Clients. Similarly, one Client could instruct the Attorney to settle the case, and the other could instruct the Attorney to proceed through trial, which could create a conflict of interest between Clients. In the event that an actual conflict arises, the Attorney will be required to disclose any facts which later arise, and obtain a new written conflict waiver from Clients, or withdraw from representation. In the event that a conflict of interest arises which would require the Attorney to withdraw from representation from one or more of the undersigned Clients, the Client(s) would have to retain new counsel. Client waives any potential conflict of interest by signing this agreement.

If this case involves multiple Clients of Attorney arising out of the same event, Client agrees that Attorney is authorized to settle this case on behalf of Client on a global basis, with pro rata recovery being made to Client out of global settlement, when Attorney deems that a global settlement is appropriate. Attorney is authorized to execute all documents on behalf of clients as necessary, in attorney's discretion, including settlement documents, to carry out the terms of the representation.

p. Files and Records
Client understands and acknowledges that Attorney maintains a paperless office. Client agrees that all paper documents will be converted to a digital format (such as PDFs) and confidentially stored on in an electronic data base maintained by Attorney. Once documents have been converted, Client authorizes Attorney to dispose of the hard copies of documents by a secure method, such as shredding. Any original documents belonging to Client that have intrinsic value will be returned to Client once they have been converted into electronic format by Attorney, or at the conclusion of client's mater, upon request. Client agrees to accept electronically formatted files and records as the "original" file Attorney maintains for Client. Attorney will retain electronic records in client's matter for not less than two years after representation ends, following which Attorney is authorized to destroy the files and records. Client agrees that Attorney may provide client a compact disc or other digital format (such as PDFs via email) containing client's file, if Client shall request return of the original file.
q. Tax Advice
Attorney does not give tax or investment advice on any settlement or judgment proceeds promised or paid, and Client is strongly advised to seek professional tax and investment advice in connection with any anticipated or actual receipt of settlement or judgment proceeds.

I hereby acknowledge that I have read this document, understand it, have received a copy, and agree to its terms.

CLIENT NAME: *
Your answer
SIGNATURE: *
(If filed electronically, put your full name)
Your answer
DATED:
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BAUSCH LAW GROUP, A PROFESSIONAL CORPORATION
BY: NATALIE A. BAUSCH, ESQ.
DATED:
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EXHIBIT “A”
RATE SCHEDULE
A. Identification of Client(s):
B. Hourly Rates for Legal Personnel on Hourly Fee Matters (Not Contingency Fee Cases):
Other Trial/Senior Litigation Attorneys: $400.00/hour
Associate Attorneys: $350.00/hour
Legal Assistants/Paralegals: $175.00/hour
Litigation Assistants/Equivalent: $135.00/hour
C. Case Charges, Costs and Expenses:
Administrative Charges:
Open File Charge: $150.00
Close File Charge: $150.00
Quarterly/Periodic File Maintenance/Review: $155.00 each
Bank Run: $50.00 each
Missed appointment fee: $400.00 each
Property Damage Negotiation: $500.00
Client Trust Account Bank Run: $75.00 each
CD/Flashdrive: $50.00 each
In-Office Photocopying: $0.25 per page
Color Photocopies: $1.00 per page
Mileage: $0.58 per mile
Fax Charges: $1.75 per page Sent/Received

Process Service, Investigators, Messengers, records request/outside copying: As Billed.
Postage: As Incurred.
All other costs charges as incurred at rate incurred (simple pass through).

D. Timekeeping:
We charge for our time in minimum units of 0.10 hours.

The rates on this schedule are subject to change on thirty (30) days written notice. If Client(s) declines to pay any increased rates, Attorneys will have the right to withdraw as Clients’ lawyers.

Client(s) Initials: *
Your answer
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