ࡱ> DFC V!bjbj w27EEEEE$iiiP4i#Lo!XEEEpEEr N,Mibd0#xi!i!i!E,#i! : TO: DANSON SCHWARZ RECHT LLP RE: DATE OF LOSS: CONTINGENCY FEE RETAINER AGREEMENT  MVA  TORT I retain you to act as my solicitors for the action noted above; This retainer replaces and supercedes all previous retainers made by me, whether in writing or orally, and regardless of any representations made to me by anyone about your fees; Except as noted below, I understand that you will bill me for your work done in this matter upon reaching a settlement or at the end of a successful trial; If you are required to charge me on an hourly basis, the following rates apply: Arnold Recht - $550.00 per hour Jayson B. Schwarz - $550.00 per hourPeter T.J. Danson - $400.00 per hourMarjan Delavar - $300.00 per hourLegal Assistant - $150.00 per hour If this case is settled before the beginning of trial, your fees will be 30% of the total amount recovered for claim, interest, costs and disbursements, including any amount for GST and not less than $1,500.00, plus all outstanding disbursements and taxes; The fees charged may be lesser or greater than fees charged by other lawyers for similar claims and that before signing the agreement I have the right to consult with and retain another lawyer; If settled or won in court, the amount may include an amount for "costs", which represent the defendant's insurer's payment towards my legal fees, which shall be included in the calculations noted above; I understand that if I want to commence any action against the atfault party, I must do so within two years of the date of the accident. I further understand that I must pay a suitable monetary retainer within a reasonable time before the limitation period expires in this case, in the event you must issue a claim in court. I understand that I must pay all reasonable disbursements incurred by you to prosecute my case as they occur from time to time, and that you may require me to provide you with funds in trust to cover these expenses and disbursements; If my case must proceed to trial, your fees shall be calculated as set out above, except that the 30% contingency will relate to claim, interest and costs accumulated to and including the first pretrial in this case, and that in addition, your fees will include any amount included for counsel fees awarded or agreed to after the first pretrial; I understand that I may terminate this retainer at any time before the conclusion of the case. If I do, you will bill me for the time you have spent at the hourly rates set out above, and that your account for fees, disbursements and all applicable taxes will become due and payable immediately after its delivery; I agree to be responsible to ensure that you are in possession of all accident benefit files, police reports, medical reports, future care or assessment reports, ownership and driver's record searches, forensic, accounting or other financial reports, or any other reports as you might deem necessary prosecute my claim. I agree to pay for any such reports forthwith upon your request to do so. You may terminate this retainer and submit your account for services rendered to that date if any of the following occurs: I retain other counsel for this or any other case you are currently handling for me; I fail to communicate with you after your reasonable attempts to contact me; I ask you to proceed to trial or in court on a matter that you believe is manifestly frivolous, vexatious, fraudulent or an abuse of process of the court; I fail to accept an offer to settle that you reasonably believe should be accepted; I fail to provide you with such funds as you may require from time to time to pay for necessary disbursements; I fail to provide you with such funds as a deposit towards fees as you may require from time to time, as noted above; I fail to pay a disbursement account within thirty days of the date it is sent to me; I insist on proceeding to trial without providing you with sufficient funds to pay for such disbursements as you reasonably believe are required to prosecute my case in court. I understand that any bill you present, which is not paid out of funds in your trust account, will incur interest at the rate of 2% per month from thirty (30) days after the date of the account, until paid; I understand that I shall be responsible for all costs and expenses you incur to have your firm removed as solicitors of record, if I fail or refuse to sign a Notice of Intention to Act in Person after you have terminated this retainer as set out above. I understand that to provide me with goods and services, you will collect some personal information about me (e.g. home telephone number, address, birth date, etc) I give you permission to provide me with notice when it is time to review whether I need new goods or services; to provide me with newsletters and other informational mailings from your firm; and to provide me with notice of promotions and special offers, if any. I further give permission for you to send and receive email with me, any adjuster, lawyer, employer, or health care practitioner dealing with my claim, including any documents or messages you deem appropriate in an unscrambled condition and to utilize the internet in the prosecution of my case as you deem appropriate. I agree to allow you to collect, use and disclose personal information about me as in order to prosecute my case. I agree that all letters, documents, notices and accounts will be deemed to have been properly delivered to me if mailed by prepaid ordinary mail to me at: Dated at , this day of , 20 . ) WITNESS ) ) Danson Schwarz Recht LLP ) Per: ) ) ) ) ) Address & Phone of Witness     - PAGE 2 -    47giI -49z~ J M !6!7!8!:!;!=!>!@!A!ļīףyuyuyuyh6jh6Uh= >*CJaJh= CJaJhnpCJaJh= >*CJaJh= CJaJh= CJH*aJhnpCJaJh= CJaJh= CJaJh= 5CJ\aJh= CJaJhnp5CJ\aJh= 5CJ\aJh= 5CJ\aJ.!"&'567hi] I J K k l :$If d$If$`a$$ & F `a$gdZ{7 H ``^`` NE d$IfNkdl$$IfTx0$HH4 xaT :$Ifgdnp:$IfNkd$$IfTx0$HH4 xaT  V[[$ & F `a$gdZ{7$ & F `a$gdZ{7Nkd$$IfTx0$HH4 xaT'~JS-.678$`a$$ & F `a$gdZ{7$a$$`a$$ & F `a$gdZ{789 !7!9!:! 00P:p= / N!"#$% Dpj$$If!vh5H5H#vH:V x5H/ 44 xTj$$If!vh5H5H#vH:V x5H/ 44 xTj$$If!vh5H5H#vH:V x5H/ 44 xT^ 666666666vvvvvvvvv666666>6666666666666666666666666666666666666666666666666hH6666666666666666666666666666666666666666666666666666666666666666662 0@P`p2( 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p 0@P`p8XV~_HmH nH sH tH L`L Normal1$7$8$H$CJ_HaJmH sH tH DA D Default Paragraph FontRi@R  Table Normal4 l4a (k (No List <& < Footnote Reference:O: Level 10^`0PK![Content_Types].xmlj0Eжr(΢Iw},-j4 wP-t#bΙ{UTU^hd}㨫)*1P' ^W0)T9<l#$yi};~@(Hu* Dנz/0ǰ $ X3aZ,D0j~3߶b~i>3\`?/[G\!-Rk.sԻ..a濭?PK!֧6 _rels/.relsj0 }Q%v/C/}(h"O = C?hv=Ʌ%[xp{۵_Pѣ<1H0ORBdJE4b$q_6LR7`0̞O,En7Lib/SeеPK!kytheme/theme/themeManager.xml M @}w7c(EbˮCAǠҟ7՛K Y, e.|,H,lxɴIsQ}#Ր ֵ+!,^$j=GW)E+& 8PK!Ptheme/theme/theme1.xmlYOo6w toc'vuر-MniP@I}úama[إ4:lЯGRX^6؊>$ !)O^rC$y@/yH*񄴽)޵߻UDb`}"qۋJחX^)I`nEp)liV[]1M<OP6r=zgbIguSebORD۫qu gZo~ٺlAplxpT0+[}`jzAV2Fi@qv֬5\|ʜ̭NleXdsjcs7f W+Ն7`g ȘJj|h(KD- dXiJ؇(x$( :;˹! 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