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Power Of Attorney & Contingent Fee Contract

THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION STATUTE

POWER OF ATTORNEY & CONTINGENT FEE CONTRACT

I/We, (hereinafter referred to as “Client”) have employed the Perez-Navejar Law Firm, PLLC., and/or any other attorneys with whom they may associate in this matter, (hereinafter collectively referred to as “Law Firm” or “Attorneys”) as my attorneys to represent me, my heirs and assigns, to prosecute through settlement or judgment certain claims that I have against any and all parties arising out of any and all causes of action for the incident that occurred on or about: .

It is specifically agreed and understood that Attorneys’ representation is limited to the specific persons identified as Clients and not any other person or entity. The Client agrees and understands that any or all of the lawyers in the Perez-Navejar Law Firm PLLC may handle or work on the case.

AUTHORITY OF ATTORNEY

Attorneys are hereby fully authorized and empowered as my Attorneys at law and also in my name, place and stead to bring suits on said claims or any of them, if necessary, and to prosecute the same to final judgment and to compromise and settle said claims or any of them, if necessary, and to prosecute the same to final judgment and to compromise and settle said claims or any of them with or without suit in any way or manner that Attorneys may deem best or advisable, giving and granting also unto my said Attorneys full power to substitute or associate one or more Attorneys at law in their place thereof for the Attorney’s fees hereinafter set out. By executing this contract, I hereby authorize my attorney to sign my name, endorse and/or negotiate any settlement check or draft received from Defendant or Defendant's insurance carrier for deposit of settlement proceeds into my attorney's trust account (IOLTA) for purposes of disbursing the settlement funds received on my case.

ATTORNEYS’ FEES

In consideration of the services to be rendered for me by my said Attorneys hereunder, I hereby sell, transfer, assign and convey to my above named Attorneys an undivided interest of thirty-five percent (35%) interest in and to said claims and the gross amounts of any settlement in the event same is or are settled without suit, and an additional five percent (5%) of same, if same is or are awarded by suit or by settlement after suit is filed. If jury selection or mediation for your case begins, clients agree to convey an additional four percent (4%) interest in said claims to Attorneys. Attorneys are authorized to deduct the legal fee from the gross proceeds of any settlement or judgment obtained, before any reduction for case expenses, medical bills or any liens, including but not limited to the cases expenses referenced in the next paragraph, and any workers compensation, government, Medicaid, Medicare, or insurance liens of any kind. IN THE EVENT OF NO RECOVERY, CLIENT SHALL OWE ATTORNEYS NOTHING FOR SERVICES RENDERED OR ANY EXPENSES INCURRED.

COOPERATION OF CLIENT AND DEDUCTION OF EXPENSES

Client agrees to cooperate fully with Attorneys. Client agrees that Attorneys are to be repaid and reimbursed for all case expenses, including but not limited to costs of investigation, preparation and trial of the case, court costs, depositions, subpoenas, travel, witnesses, experts, photography, video, reports, medical records, filing fees, discovery, expert witnesses (including fees), contract paralegal services, overtime charges, Xerox copy charges, telephone charges, administrative expenses, heirship, and probate costs and attorneys fees, bankruptcy attorney costs and attorney fees, facsimile charges, postage and/or delivery charges, mileage charges, file origination charges and any other costs reasonably associated and necessary in the opinion of Attorneys in handling the claims and authorizes Attorneys to deduct such costs from the recovery or proceeds, in addition to the attorney’s fees set forth in the preceding Paragraph. Client authorizes Attorneys to pay directly to any protected doctor, hospital, expert or other protected medical creditor, any unpaid balance due them for Client’s medical care and medical treatment. Client additionally agrees that Attorneys may borrow funds from a commercial bank or other lender to finance or pay any such case expenses, court costs, litigation expenses, and/or client advances and the interest charged on such borrowed funds may be added to the court costs and litigation expenses to be deducted from the settlement or recovery.

In addition to the expenses referenced above, if a police report is obtained by the Perez-Navejar Law Firm an additional fee of twenty dollars per report will be charged in addition to the cost of the report. An administrative fee will also be charged to cover miscellaneous and un-itemized internal expenses, such as research, copying, costs of technology, online database retrieval costs, telephone calls, faxes, couriers, etc. This charge will be $275.00 if the case is resolved within six months of the date the power of attorney is signed by the client and before arbitration is requested or a lawsuit is filed. If resolved after the filing of the lawsuit or arbitration is requested, or more than six months from the date the power of attorney is signed by the client, a charge of $485.00 will be deducted from any recovery, or for overly large files these minimum administrative fees may be replaced by a $0.25 per page fee for all pages processed or created by, or at the direction of, Perez-Navejar Law Firm. The administrative fee accrues upon execution of this Agreement by the client.

I understand that the Perez-Navejar Law Firm, PLLC may utilize an in-house investigator to perform investigative services and I understand that reasonable and customary charges for such investigative services will be made for such services in addition to all attorneys’ fees.

ASSIGNMENT OF INTEREST

I do hereby sell, transfer, assign and convey to my above named Attorneys a portion of my settlement or lawsuit to pay the costs and expenses itemized in the preceding paragraph.

NO REPRESENTATIONS

The Client agrees that the Attorneys have made no promises or guarantees as to the outcome or settlement of this claim. Client understands the Attorneys will investigate the Client’s claim on a continuing basis and should Attorneys determine that if for any reason Attorneys no longer desire to proceed with the handling of Client’s claim, Attorneys shall have the right to cancel and withdraw from this agreement. Attorneys may elect not to appeal a case and nothing in this agreement shall require Attorneys to appeal a case under any circumstances.

APPROVAL NECESSARY FOR SETTLEMENT

No final settlement of Client’s claim may be made by said Attorneys without Client’s consent. This contract shall survive Client’s death or incompetency. IF CLIENT REMAINS UNAVAILABLE OR UNREACHABLE, OR RELOCATES WITHOUT ADVISING ATTORNEY OF HIS WHEREABOUTS, ATTORNEY IS AUTHORIZED TO USE HIS OR HER BEST JUDGMENT IN ENTERING INTO A SETTLEMENT AND DISBURSAL OF SETTLEMENT FUNDS.

TEXAS LAW TO APPLY

This contract shall be construed under and governed by the laws of the State of Texas. Any suit between the parties to this agreement regarding anything covered by this agreement will be filed in a Court of competent jurisdiction in Harris County, Texas.

EARLY CASE ANALYSIS PERIOD

Clients agrees that Attorneys shall have ninety (90) days from the execution date of this agreement to analyze the Case; and further, that Attorneys have the right unilaterally to withdraw from this representation for any reason within this early case analysis period. In the event such withdrawal occurs, Client will owe nothing as a fee or for the expenses that have been incurred.

ARBITRATION

ANY AND ALL DISPUTES, CONTROVERSIES, CLAIMS OR DEMANDS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PROVISION HEREOF, THE PROVIDING OF LEGAL SERVICES BY ATTORNEYS TO CLIENT OR IN ANY WAY RELATING TO THE RELATIONSHIP BETWEEN ATTORNEYS AND CLIENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AT LAW OR IN EQUITY, FOR DAMAGES OR ANY OTHER RELIEF, SHALL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE TEXAS GENERAL ARBITRATION STATUTE IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES THEN IN EFFECT WITH THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH ARBITRATION PROCEEDING SHALL BE CONDUCTED IN HARRIS COUNTY, TEXAS. THIS ARBITRATION PROVISION SHALL BE ENFORCEABLE IN EITHER FEDERAL OR STATE COURT IN HARRIS COUNTY, TEXAS PURSUANT TO THE SUBSTANTIVE LAWS ESTABLISHED BY THE TEXAS GENERAL ARBITRATION STATUTE. ANY PARTY TO ANY AWARD RENDERED IN SUCH ARBITRATION PROCEEDING MAY SEEK A JUDGMENT UPON THE AWARD AND THAT JUDGMENT MAY BE ENTERED BY ANY FEDERAL OR STATE COURT IN HARRIS COUNTY, TEXAS HAVING JURISDICTION.

PARTIES BOUND

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.

LEGAL CONSTRUCTION

In case any provision contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

PRIOR AGREEMENTS SUPERSEDED

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

By signing below, Client certifies that he/she has had the opportunity to read this entire Agreement and that he/she has voluntarily entered into this Agreement fully aware of its terms and conditions.

NOTICE TO CLIENTS

The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide you with information about how to file a complaint. For more information, call this toll free number: 1/800/932- 1900.

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