DLC |
Disability Law Center, Inc.
11 Beacon Street, Suite 925 Field
Office :
Boston, Massachusetts 02108
RETAINER AGREEMENT
I, _________________________________________, (Client) and the Disability Law Center (DLC) agree to the terms in this retainer agreement.
LEGAL SERVICES
Unless both DLC and I agree to change or cancel this agreement in writing, DLC agrees to do the following:
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If I receive a negative decision on my claim, DLC will again
review the legal claim to determine whether to appeal the negative decision. This retainer
will be changed to reflect any additional agreed upon legal representation .
ATTORNEY'S FEES/COSTS
I understand that, except for the specific exceptions set forth below in the "Settlement" section, I am not required to pay any attorney's fees to DLC.
I understand that my case is one in which the law allows me, as the A United Way Agency client, to make a claim against the opposing party for payment of reasonable attorney's fees to DLC. One purpose of such laws is to enable people who cannot pay their own attorney to be represented by an attorney.
I authorize DLC to seek and to collect reasonable attorney's fees from the opposing party in addition to any relief DLC is seeking for me. I agree that DLC may keep any attorney's fees that are obtained through court or agency order or settlement of the case.
I understand that there may be certain costs in order to properly prepare this case. These costs may include expert witness fees, stenographers' fees, and other expenses related to litigation. If I prevail, I understand that DLC will seek reimbursement of these costs from the opposing party.
1. I agree to pay the following costs up front:
2. If additional costs become necessary, I agree to work out an addendum to this agreement which will describe how those additional costs are to be shared.
If I do not prevail, I understand that DLC will not, except for the specific exceptions set forth below in the "Settlement" seek reimbursement of those costs from me.
SETTLEMENT
I understand that it may be possible to settle my case. No settlement will be made without my approval.
I understand that a significant goal in this case is to achieve a change in the opposing party's policies and practices in order to benefit many people with disabilities.
DLC will inform me of any settlement offers and will consult with me about how to respond to any settlement offers. DLC and I agree to discuss fully all settlement offers and I agree to consider all offers in good faith.
DLC and I will make best efforts to obtain a settlement that will adequately meet each of the following goals: (a) satisfy my individual goals; (b) produce systemic reform in the opposing party's policy or practice so that other people with disabilities will benefit from this litigation; and (c) compensate DLC fairly for its reasonable attorney's fees.
I understand that the opposing party may make a settlement offer that does not include DLC's costs and attorney's fees. DLC uses attorney's fees to further its representation of individuals with disabilities.
I understand that I alone have the right to accept or reject any settlement offer. If, however, I accept a settlement which does not include reimbursement of DLC's costs and reasonable attorney's fees for DLC, then I agree to pay DLC a reasonable attorney's fee for its work on my case at a rate of $_____per hour, (___________Initial), and to reimburse DLC for its costs.
If DLC recommends that I accept a settlement of my case as a fair and reasonable resolution of my case, I am free to accept or reject the offer of settlement. If, however, I decide to reject a settlement offer against the advice of DLC that::
1. the settlement is fair and reasonable; and
2. the resources required to further pursue the matter exceed the relief I am likely to obtain;
then I agree to pay DLC a reasonable attorney's fee for its work done on my case from that point in time forward according to the fee schedule of the agency, unless such fees are recovered in full from the opposing party.
I understand and agree that DLC may enter into a co-counsel arrangement with attorneys who are not DLC employees. I will not be responsible for additional fees for those additional attorneys. Instead, any fees to be paid to co-counsel will be under a separate agreement between DLC and the attorneys with whom DLC associates.
DLC RESPONSIBILITIES
DLC agrees to handle my case competently and diligently, to exercise professional judgment free from any conflict of interest, to alert me of important developments in my case, and to respond promptly to my reasonable requests for information about my case.
ADDITIONAL CLIENT RESPONSIBILITIES
I agree to make a full and honest disclosure to DLC of all facts relevant to my case, including new facts that may arise during the course of my case.
I will keep DLC informed of my current address and telephone number. If DLC is unable to locate me because I have failed to keep them informed of my current address and telephone number, DLC may then take steps to stop representing me.
I agree that I have read this agreement. I also agree that I have had an opportunity to discuss with DLC staff any questions I have about the agreement. I understand and fully agree to all the terms of the agreement.
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CLIENT
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Client Mailing Address:
Client Phone:
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DLC ATTORNEY
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