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RETAINER AGREEMENT
The within CLIENT (hereinafter referred to as "you"
or "your") hereby agrees that the account(s) submitted on this
Assignment Form or otherwise submitted to George L. Cohn, Attorney at
Law, dba COLLECTION LAWYERS ("we", "us" or "our") are subject to the
following terms and conditions.
TERMS AND CONDITIONS
1. We will handle Collection matters that we accept as defined herein
for you on a contingent fee basis of forty percent (40%) of all
consideration or amounts collected.
2. If you elect to file or maintain suit or a judgment or initiate or
proceed with arbitration with us, you will advance to us in addition to
the required costs, a sum equal to ten percent (10%) of the principal
balance to be used as a noncontingent, non-refundable suit fee. These
contingent and non-contingent rates are not set by law, but are
negotiable between you and us.
3. A ten percent collection fee will be charged by us on all accounts
where proof of a full or substantial payment to you prior to assignment
is substantiated. If merchandise is returned, you will pay to us
one-half of the applicable rate of collection fees, based upon the
invoiced value of such merchandise.
4. If a petition in bankruptcy is filed after any collection is made and
the trustee in bankruptcy successfully alleges a preferential payment,
we will not be liable to return any portion of the monies collected or
fees earned.
5. You authorize us to endorse and negotiate and/or deposit checks and
other negotiable instruments written to you directly into our trust
account and withdraw our portion of said funds. At our option, we may
use any funds
collected to offset any open fees, costs and suit fees due to us on any
account assigned to us for collection and/or litigation. You authorize
us as your agent to forward matters to other law firms.
6. You agree to forward to us all payments received directly from
debtors on assigned accounts, for deposit into our trust account; in
event same does not occur you agree to pay us immediately the applicable
collection fee on the said payment. The contingent rate is due to us if
you or any one designated by you receive any funds or other
consideration from any source by or on behalf of any person or entity
against whom we are retained by you to
pursue in any Collection matter. The net funds remitted to you shall be
calculated as follows: total collections minus fees earned by us and any
costs. All attorney's fees awarded or recovered shall be paid to us.
7. You agree to pay us at our then prevailing hourly rates in matters or
portions of matters that are not Collection matters. Such hourly rates
vary with respect to the individual rendering such service and their
hourly rate in effect at the time the services are performed. Attorneys'
hourly rates, which are subject to periodic adjustments, are currently
Three Hundred Fifty Dollars for attorneys, and One Hundred Twenty Five
Dollars for law clerks, legal assistants and paralegals.
8. "Collection matters" are matters in which we seek to recover money
and/or personal property for you from a third party inside the United
States or Canada. They do not include defense of cross-complaints or
counter-claims or separate suits against you or any third party. They do
include, if necessary, filing of a lawsuit, and taking the case through
trial. They do not include appeals, any work in Bankruptcy Court,
injunctive relief nor provisional remedies such as applications for
writs of attachment or writs of possession. They do include standard
post-judgment collection efforts, including but not limited to judgment
debtor examinations. They do not include any work in Probate Court,
including but not limited to any prerequisite action with respect to the
estate.
9. You shall be responsible for and agree to pay all costs and
disbursements incurred. We may, at our sole option, advance costs and
disbursements, which are immediately due. We reserve the right to
require additional funds that shall be deposited in our trust account
and credited to your account and shall be and constitute an advance
payment against which our subsequent charges for legal fees and costs
shall be debited.
10. If we withdraw or are discharged for any reason, we shall be
entitled to receive from you any and all monies due and owing to us on
account of legal fees incurred and/or costs advanced and/or the
reasonable value of our services and/or a lien on any pending action
upon which we provided collection and/or legal services. It is further
we may prepare, at your expense, and retain a duplicate file with
respect to all services rendered on your behalf.
11. This agreement is deemed entered into in the State of California. We
are currently self-insured, and do not have an external professional
liability insurance carrier. In the event of any litigation between you
and us, the parties agree that (a) it can only be filed in the Superior
Court located in Torrance, California, and (b) the prevailing party
therein will be entitled to reasonable attorney's fees and costs
incurred.
12. If this Agreement is signed on your behalf, you and the person
signing on your behalf each warrant that the person signing has full
authority as agent to bind you to the terms of this Agreement.
13. This Agreement may be executed in counterparts, and your signature
on this or any Assignment Form or submissions of collection matters to
us deems acceptance of these terms. Any copy of this Agreement shall
have the same effect as an original. Submission of a claim does not mean
that we will accept it. This Agreement shall become effective only after
we have signed it.
2850 Artesia Boulevard, Redondo Beach, California 90278 USA
Phone 800 653-5720 Fax 800 871-5423
Copyright © 1997-2010 All rights reserved
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