Elevate Retainer - Michael Olive
Elevate Retainer - Michael Olive
ATTORNEYS AT LAW
T: 561.708-0513 40 SE 5TH ST, STE. 600
F: 561.226.2573 BOCA RATON, FL 33432
PRESUIT/INTAKE: 561.300.0289 ELAWFIRM.ORG
RETAINER AGREEMENT
I/We, the undersigned (“Client”), hereby retain Elevate Legal Services, PLLC (“Elevate”), as Client’s attorneys for
legal representation in Client’s insurance claim. This employment is on a contingency fee basis as set forth below
and Client agrees that Elevate shall receive payment for services rendered if there is a recovery by way of
an insurance payment, settlement, judgment, arbitration award, and/or appraisal award. If there is no recovery
made, then Client is not responsible for Elevate’s attorney’s fees or costs.
Pre-Litigation: Prior to a lawsuit being filed, and/or prior to the invocation of appraisal by either party, Elevate
shall receive twenty percent (20%) of the gross recovery paid by the insurance company.
Attorney’s Fees After Litigation Ensues and/or After Appraisal is Invoked: After a lawsuit is filed and/or after
the invocation of appraisal by either party, if there is a recovery on Client’s behalf, Client agrees and understands
that Elevate will seek to have its attorney’s fees and costs paid by the Defendant insurance company either through
Florida Statute 627.428, Florida Statute 627.70152, a proposal for settlement, or by any other legal means
available. The insurance company may be required by law to pay all or part of the Client’s attorney’s fees, but
there is no guarantee that Elevate will be able recover attorney’s fees for the Client. Whether or not the
insurance company is required to pay Client’s attorney’s fees, Client agrees that in the event of a recovery Elevate
is entitled to be paid the greater of:
1) Thirty-three and one-thirty three percent (33 1/3%) of the total recovery, after costs; or
2) The amount of attorney’s fees awarded to Elevate by any Court of Law, including any attorney fees
awarded in the form of a contingency fee multiplier or as a result of a bad faith action; or
3) The amount of attorney’s fees that the insurance company has agreed to pay Elevate as part of a
compromised settlement.
Client agrees that Elevate has full and final authority to negotiate and settle Elevate’s legal invoice with the
insurance company. If there is no recovery made, then Client is not responsible for Elevate’s attorney’s
fees.
Costs/Expenses: In addition to legal fees, Client agrees that Elevate is entitled to receive all court costs and other
expenses that Elevate incurred in the Client’s case. Client agrees that any and all expenses incurred by Elevate
on Client’s behalf will be deducted from Client’s net proceeds of recovery. If there is no recovery made, Client is
not responsible for Elevate’s costs.
Lien Interests: Client agrees that Elevate must honor all lien interests and authorizes said liens to be paid out of
the client’s net portion of recovery. An example of a lien interest is any amount owed to a public adjuster, roofing
company, water mitigation company, mold remediation company, mold testing company, and/or any other
company or person that has performed work at the subject property and is expecting compensation from the
proceeds of Client’s insurance claim. If Client has entered into a contract with a public adjuster, Client grants
Elevate permission to deliver Client’s settlement check directly to Client’s public adjuster to facilitate the payment
of any lien interest.
Mortgage Company as Additional Payee: Client understands that if there is a mortgage on the property, the
mortgage holder will be listed as a payee on any settlement check. Client agrees that Elevate’s representation is
limited only to recovery against the insurance company. Client agrees that Elevate has no responsibility and will
not assist Client with the mortgage company’s endorsement process.
Bill of Rights: Client has, before signing this contract, received and read the Statement of Client’s Bill of Rights
and understands each of the rights set forth therein. This contract may be canceled by written notification to
Elevate at any time within three (3) business days of the date the contract was signed by all parties, and if canceled,
Client shall not be obligated to pay any fees or costs to Elevate for the work performed. If Client cancels this
contract after the expiration period, Client agrees that Elevate is entitled to a charging and/or retaining lien interest
for work performed pursuant to quantum meruit.
By signing this contract, Client gives Elevate permission to file a lawsuit against the defendant insurance company
on Client’s behalf in the appropriate court of law.
/s/
Elevate Legal Services, PLLC Date
40 SE 5th St, Ste 600
Boca Raton, FL 33432
Before you, the prospective client, arrange a contingency fee agreement with a lawyer, you
should understand this Statement of your rights as a client. This statement is not a part of
the actual contract between you and your lawyer, but as a prospective client, you should
be aware of these rights:
2. Any contingency fee contract must be in writing and you have three
business days to reconsider the contract. You may cancel the contract without any reason
if you notify your lawyer in writing within three business days of signing the contract. If
you withdraw from the contract within the first three days, you do not owe the lawyer a
fee, although, you may be responsible for the lawyer's actual costs during that time. If
your lawyer begins to represent you, your lawyer may not withdraw from the case
without giving you notice, delivering necessary papers to you, and allowing you time to
employ another lawyer. Often, your lawyer must obtain court approval before
withdrawing from a case. If you discharge your lawyer without good cause after the
three-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the
lawyer's education, training and experience. If you ask, the lawyer should tell you
specifically about his or her actual experience dealing with cases similar to yours. If you
ask, the lawyer should provide information about special training or knowledge and give
you this information in writing if you request it.
4. Before signing a contingency fee contract with you, a lawyer must advise
you whether he or she intends to handle your case alone or whether other lawyers will be
helping with the case. If your lawyer intends to refer the case to other lawyers, he or she
should tell you what kind of fee sharing arrangement will be made with the other lawyers.
If lawyers from different law firms will represent you, at least one lawyer from each firm
must sign the contingency fee contract.
1
5. If your lawyer intends to refer a case to another lawyer or counsel with other
lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the
case and later decides to refer it to another lawyer or to associate with other lawyers, you
should sign a new contract which includes the new lawyers. You, the client, also have the
right to consult with each lawyer working on your case and each lawyer is legally
responsible to represent your interest and is legally responsible for the acts of the other
lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay
the expenses and the legal fees at the end of the case. If you pay a deposit in advance for
costs, you may ask reasonable questions about how the money will be or has been spent
and how much of it remains unspent. Your lawyer should give a reasonable estimate
about future necessary costs. If your lawyer agrees to advance costs or expenses in
preparing or researching your case you have the right to know periodically how much
money your lawyer has spent on your behalf. You also have the right to decide, after
consulting with your lawyer, how much money is to be spent to prepare a case. If you pay
the expenses, you have the right to decide how much to spend. Your lawyer should also
inform you whether the fee will be based on the gross amount recovered or on the amount
recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about adverse
consequences if you lose the case. Those adverse consequences might include money
which you might have to pay to your lawyer for costs, and liability you might have for
attorney's fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at
the end of the case before you pay any money. The statement must list all of the financial
details of the entire case, including the amount recovered, all expenses, and a precise
statement of your lawyer's fee. Until you approve the closing statement you need not pay
any money to anyone, including your lawyer. You also have the right to have every law
firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how
the case is progressing and to have these questions answered to the best of your lawyer's
ability.
10. You, the client, have the right to make the final decision regarding
settlement of a case. Your lawyer must notify you of all offers of settlement before and
after the trial. Offers during the trial must be immediately communicated and you should
consult with your lawyer regarding whether to accept or reject a settlement.
2
11. If at any time, you, the client, believe that your lawyer has charged an
excessive or illegal fee, you, the client, have the right to report the matter to the Florida
bar, the agency that oversees the practice and behavior of all lawyers in Florida. For more
information on how to reach the Florida Bar, call 800-342-8060, or contact the local bar
association. Any disagreement between you and your lawyer about a fee can be taken to
court and you may wish to hire another lawyer to help you resolve this disagreement.
Usually fee disputes must be handled in a separate lawsuit, unless your fee contract
provides for arbitration. You can request but may not require, that a provision for
arbitration under Chapter 682, Florida Statutes, Fee Arbitration Rules regulating the
Florida Bar, be included in your fee contract.
CLIENT’S SIGNATURE
CLIENT’S SIGNATURE
DATE:
By:
ELEVATE LEGAL SERVICES, PLLC