The undersigned (“Client”) retains Elevate Legal Services, PLLC (“Elevate”) to pursue an insurance claim for property damage.
Contingency Fee
Elevate is only paid if there is a recovery (insurance payment, settlement, judgment, or appraisal award).
- Before a lawsuit is filed and before appraisal is invoked, Elevate’s fee is 25% of the total recovery
- After a lawsuit is filed or appraisal is invoked, Elevate’s fee is 25% of the total recovery
Attorney’s fees are calculated from the gross recovery and deducted first, before any costs or other payments. If there is no recovery, Client owes no attorney’s fees.
Costs
Elevate will advance costs, which are reimbursed from the recovery after attorney’s fees. Costs may include estimates, inspections, filing fees, and experts. If there is no recovery, Client owes no costs.
Vendors
Elevate does not represent any contractor, roofer, public adjuster, mitigation company, or other vendor. Any vendor contract is separate from this agreement and may affect distribution of proceeds. Vendor estimates or opinions do not determine what the insurance company will pay.
If a vendor claims it is owed money from the insurance proceeds (sometimes called a “lien”), Client authorizes Elevate to evaluate, negotiate, and, with Client’s consent, pay valid amounts from Client’s share of the recovery. If there is a dispute regarding any amount owed to a vendor, Elevate will hold the disputed amount in trust until resolved. Client understands that amounts owed to vendors may reduce Client’s net recovery.
Funds Handling
Client authorizes Elevate to receive, endorse, and deposit insurance payments into its trust account. Upon receipt, Client authorizes Elevate to first disburse attorney’s fees and costs under this agreement. Except for such payments, no funds will be disbursed without Client’s consent, subject to Elevate’s obligation to hold disputed funds in trust.
Authority
Client authorizes Elevate to communicate with the insurer, submit the claim, file suit if necessary, and communicate with contractors or vendors as needed.
Professional Judgment
Elevate will exercise professional judgment in handling the claim, including settlement, litigation strategy, and the advancement of costs. Elevate may decline to incur expenses or proceed to trial if, in its judgment, the facts or evidence do not support doing so. Elevate may withdraw as permitted by the Rules Regulating The Florida Bar.
Scope of Representation
Elevate represents Client only in pursuing insurance proceeds from the insurance company. Elevate does not handle disputes with vendors, coordinate repairs, or assist with mortgage or estate-related endorsements or signatures.
Termination
Client may cancel this agreement within three (3) business days with no obligation.
If terminated after that time, Elevate is entitled to a charging and/or retaining lien for the greater of:
- the reasonable value of services performed, or
- the contingency fee based on any recovery obtained, or offer made, whether before or after termination, to the extent permitted by Florida law.
This includes any recovery resulting, in whole or in part, from Elevate’s work.
Acknowledgment
Client has received the Statement of Client’s Rights and has had the opportunity to ask questions.
CLIENT BILL OF RIGHTS
Statement of Client's Rights
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:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer, you may talk with other lawyers.
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.
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.
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.
