Medical Malpractice Contingency Fee Agreement

I, Jane Doe, as wife and guardian of John Doe, retain the services of the law firm of Miller & Zois, L.L.C. as my sole attorneys to represent me for a medical malpractice claim which arose out of an incident which occurred on or about 01/18/2014 involving University of Maryland Medical Center and others.

Miller & Zois agrees to fight diligently to get me the best possible recovery in my case. I agree to pay to the law firm of Miller & Zois the sum of 40% of any settlement, or other monetary award or compensation resulting from this representation in addition to any and all costs associated with this representation. If I do not receive a monetary award from an out-of-court settlement or at an arbitration or trial, I will not be responsible for any fees or costs Miller & Zois may have incurred to pursue my case. These costs will be borne by Miller & Zois.

If I do get a recovery, I understand that the attorneys’ fee will be calculated and deducted prior to the deduction for any and all expenses associated with this legal representation. I instruct any defendant and insurance company to place, in addition to my name, the name of Miller & Zois on any settlement check or draft and agree not to enter into any settlement agreement with any defendant or insurance company without the full knowledge and consent of Miller & Zois.
I authorize Miller & Zois to take any and all action necessary to represent me which includes bringing a lawsuit in a court of proper jurisdiction. I also understand that any and all medical bills and any other bills that are not paid out of the settlement proceeds are my sole responsibility and not the responsibility of Miller & Zois.

I HAVE READ THIS ENTIRE AGREEMENT AND HAD THE OPPORTUNITY TO SEEK THE ADVICE OF COUNSEL PRIOR TO SIGNING THIS AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT AND ACKNOWLEDGE THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN MYSELF AND MILLER & ZOIS. BOTH PARTIES AGREE THAT THERE CAN BE NO ORAL MODIFICATIONS TO THIS AGREEMENT.

________________
Date

________________(Seal)
Jane Doe

The key to this document is to make crystal clear to the client that the law firm bears the risk if there is no recovery. We spend sometimes hundreds of thousands of dollars on these cases. The client needs to fully understand - assuming your firm agrees to eat the expenses if you do not prevail - that they are not at risk for losing even more than they have already lost.

You can find agreements like that that are 3 pages long. I don't think clients want to sign a document that is that long. This agreement gives both the client and the lawyer the protection they need.

Sample Documents

You can get For a sample attorney-client contingency fee agreement and samples of malpractice pleadings and discovery click here. You can find a contingency fee retaining in non-malpractice cases here.

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