CONTINGENCY FEE RETAINER AGREEMENT BETWEEN:
SEAN O’NEIL PROFESSIONAL CORPORATION
Barrister and Solicitor
(hereinafter "the Solicitor")
- and -
of Calgary, Alberta
(hereinafter "the Client")
WHEREAS **************** was injured in a motor vehicle accident on ***************;
AND WHEREAS the Client has requested that the Solicitor represent the Client and to commence and thereafter prosecute such proceedings on the Client's behalf against such party or parties as the Solicitor deems advisable.
AND WHEREAS the Solicitor is prepared to take action on behalf of the Client on the basis that the Solicitor's fee will be contingent upon the successful establishment of liability and collection of damages in connection with the Client's claim.
NOW THEREFORE IT IS AGREED THAT:
1. The Client hereby appoints the Solicitor as the Client's sole Solicitor in connection with this claim and the Solicitor accepts this appointment.
2. The Solicitor shall prosecute the claim in the best interests of the Client, including the completion of such trial as may be required, and the Client authorizes the Solicitor to take any proceeding or do any acts which in his opinion may be advisable for this purpose.
3. The Solicitor's fee shall be contingent upon the establishment of liability and the collection of damages in favour of the Client either by way of settlement or Court award.
4. The Solicitor shall be paid a fee for his services equivalent to the following:
Thirty (30)% of the gross sum of any settlement;
- or -
Forty (40)% of gross sum of any judgment if the matter goes to trial before settlement or judgment is obtained or the matter is settled within one week of the date set for trial.
In addition to the fee set forth in paragraph four above the Client shall pay the Goods and Services Tax payable on the said fee.
5. Notwithstanding clause 4 herein, if no monies are recovered by settlement or after trial, the Solicitor shall in any event be paid a fee equivalent to his hourly rate of $325 per hour up to a maximum fee of $******** plus GST and out of pocket expenses.
6. All taxable costs awarded by any Court or any such costs acknowledged by any party opposite in interest in any settlement, shall be added to the total settlement and shall be subject to the Solicitor’s contingency herein, provided that any portion of these costs which represent disbursements already paid by the Client shall be refunded to them.
7. The Solicitor will cover any Canadian disbursements, including agent's fees, incurred by the Solicitor in prosecuting the Client's claim. The Client shall be responsible for any such disbursements that may be incurred by the Solicitor.
8. Should the Client terminate the services of the Solicitor prior to the conclusion of the Client's claim then the Client shall pay all reasonable and proper legal fees at the rate of ($325.00) dollars per hour and disbursements incurred by the Solicitor prior to the removal from the Solicitor's office of the file and all document relating to the claim on an hourly basis.
9. In the event of any Counterclaim being made in the matter, then the parties agree to negotiate a new Agreement. In the event that such an Agreement cannot be negotiated then the Solicitor may withdraw from the matter, at which time he shall be paid all reasonable and proper legal fees based on an hourly rate of ($325.00) dollars per hour and disbursements incurred prior to such withdrawal.
10. This Agreement does not cover remuneration of the Solicitor acting for the Client on any Appeal which may be brought by the Client or by any party opposite in interest to the Client.
11. The Client shall not be liable to pay any compensation to the Solicitor other than as set forth above and the Client acknowledges that the percentages referred to above constitute fair and reasonable compensation for the Solicitor's services.
12. The Client authorizes the Solicitor to accept service on behalf of the Client of any documents required by law to be served on the Client in connection with the Client's claim.
13. This Agreement may be reviewed by the Clerk of the Court at the Client's request and may be either at the instance of the Clerk or the Clients be further reviewed by a Judge of the Court of Queen's Bench and either the Clerk or the Judge may vary, modify, or disallow the Agreement.
DATED at Calgary, Alberta this ________________.
WITNESS
SEAN O’NEIL PROFESSIONAL CORPORATION
WITNESS per: SEAN O’NEIL
SEAN O’NEIL PROFESSIONAL CORPORATION
Barrister and Solicitor
(hereinafter "the Solicitor")
- and -
of Calgary, Alberta
(hereinafter "the Client")
WHEREAS **************** was injured in a motor vehicle accident on ***************;
AND WHEREAS the Client has requested that the Solicitor represent the Client and to commence and thereafter prosecute such proceedings on the Client's behalf against such party or parties as the Solicitor deems advisable.
AND WHEREAS the Solicitor is prepared to take action on behalf of the Client on the basis that the Solicitor's fee will be contingent upon the successful establishment of liability and collection of damages in connection with the Client's claim.
NOW THEREFORE IT IS AGREED THAT:
1. The Client hereby appoints the Solicitor as the Client's sole Solicitor in connection with this claim and the Solicitor accepts this appointment.
2. The Solicitor shall prosecute the claim in the best interests of the Client, including the completion of such trial as may be required, and the Client authorizes the Solicitor to take any proceeding or do any acts which in his opinion may be advisable for this purpose.
3. The Solicitor's fee shall be contingent upon the establishment of liability and the collection of damages in favour of the Client either by way of settlement or Court award.
4. The Solicitor shall be paid a fee for his services equivalent to the following:
Thirty (30)% of the gross sum of any settlement;
- or -
Forty (40)% of gross sum of any judgment if the matter goes to trial before settlement or judgment is obtained or the matter is settled within one week of the date set for trial.
In addition to the fee set forth in paragraph four above the Client shall pay the Goods and Services Tax payable on the said fee.
5. Notwithstanding clause 4 herein, if no monies are recovered by settlement or after trial, the Solicitor shall in any event be paid a fee equivalent to his hourly rate of $325 per hour up to a maximum fee of $******** plus GST and out of pocket expenses.
6. All taxable costs awarded by any Court or any such costs acknowledged by any party opposite in interest in any settlement, shall be added to the total settlement and shall be subject to the Solicitor’s contingency herein, provided that any portion of these costs which represent disbursements already paid by the Client shall be refunded to them.
7. The Solicitor will cover any Canadian disbursements, including agent's fees, incurred by the Solicitor in prosecuting the Client's claim. The Client shall be responsible for any such disbursements that may be incurred by the Solicitor.
8. Should the Client terminate the services of the Solicitor prior to the conclusion of the Client's claim then the Client shall pay all reasonable and proper legal fees at the rate of ($325.00) dollars per hour and disbursements incurred by the Solicitor prior to the removal from the Solicitor's office of the file and all document relating to the claim on an hourly basis.
9. In the event of any Counterclaim being made in the matter, then the parties agree to negotiate a new Agreement. In the event that such an Agreement cannot be negotiated then the Solicitor may withdraw from the matter, at which time he shall be paid all reasonable and proper legal fees based on an hourly rate of ($325.00) dollars per hour and disbursements incurred prior to such withdrawal.
10. This Agreement does not cover remuneration of the Solicitor acting for the Client on any Appeal which may be brought by the Client or by any party opposite in interest to the Client.
11. The Client shall not be liable to pay any compensation to the Solicitor other than as set forth above and the Client acknowledges that the percentages referred to above constitute fair and reasonable compensation for the Solicitor's services.
12. The Client authorizes the Solicitor to accept service on behalf of the Client of any documents required by law to be served on the Client in connection with the Client's claim.
13. This Agreement may be reviewed by the Clerk of the Court at the Client's request and may be either at the instance of the Clerk or the Clients be further reviewed by a Judge of the Court of Queen's Bench and either the Clerk or the Judge may vary, modify, or disallow the Agreement.
DATED at Calgary, Alberta this ________________.
WITNESS
SEAN O’NEIL PROFESSIONAL CORPORATION
WITNESS per: SEAN O’NEIL