Renegotiate Legal Representation Fees

This is a copy of the contract I signed when I hired Morgan and Morgan to represent my personal injury case. However since hiring them in January I have had many issues. My emails and messages for the most part go unanswered. I was contacted in June and told a demand for payment was being sent that day, only to be contacted again in August and he told that nothing had been done with my case since it had been received. I was told this by the newest case manager in August. She also told me that every person that had been in charge of my case prior had been terminated as a result. My case in the 7 months Morgan and Morgan have represented me has been juggled between at least * different lawyers and case managers . With this in mind, would I be able to ask for a renegotiation of the fee

I, the undersigned client, hereby retain MORGAN & MORGAN, TAMPA, P.A. (the “Firm”) as my attorneys to represent me in my claim against any person or entity resulting from an incident or accident that occurred on or about . I agree to pay to the Firm the following fee from the total gross recovery: (a) * */*% of any recovery up to $* million prior to filing suit and after suit is filed but before an answer is filed or demand for arbitration is made; (b) *% of any recovery up to $* million after answer is filed or demand for arbitration is made; (c) Plus, in each of (a) and (b), *% of any recovery between $*-* million; (d) Plus, in each of (a) and (b), *% of any recovery in excess of $* million; (e) If all defendants admit liability at the time of filing their answers and request a trial only on damages; (i) * */*% of any recovery up to $* million; plus (ii) *% of any portion of the recovery between $* million and $* million; plus (iii) *% of any portion of the recovery exceeding $* million. (f) An additional *% of the total gross recovery (i.e., including any and all damages and attorneys’ fees recovered) received any time after the beginning of any appellate proceeding, regardless of the result, duration, or legal work involved in the appellate proceeding, or whatever is awarded by the Court, whatever is greater. (g) In the event that my claim, or any portion thereof, is brought against a defendant or defendants whose liability is governed pursuant to the Federal Tort Claims Act, * U.S.C.A. *, attorneys’ fees are limited to *% of the total gross recovery as to those defendants; and (h) In the event that my claim, or any portion thereof, is brought against a defendant or defendants whose liability is governed pursuant to Florida Statutes §*.*, attorneys’ fees are limited to *% of the total gross recovery as to those defendants. (i) I understand that when appropriate the Firm may petition the court for approval to increase its fee to up to *% of any recovery. In the event attorneys' fees are recovered from any adverse party pursuant to any state or federal statute, the attorneys’ fee shall be the greater of the negotiated or court-awarded fee or contingency fee stated above. I understand that this is a contingent fee contract and, if no recovery is made, I will not be obligated to pay attorneys' fees or costs incurred. I agree that upon written notice, the Firm may terminate its representation under the terms of this agreement.I also acknowledge that the Firm will deduct costs from my share of the recovery after the contingent fee has been calculated. I understand and agree that I am only obligated to pay costs if there is a recovery in this claim. Said costs shall include, but are not limited to, cash and non-cash expenditures for: investigator mileage to and from the initial sign up meeting, court filing fees, medical records charges, experts, mediation fees, subpoenas and deposition costs, witness fees, long distance telephone calls, facsimiles, photocopies, postage, in-house printing, travel, parking, investigative services and all other costs necessary for proper performance of legal services, and that such costs shall bear interest at the rate of *.*% per month (or such lesser amount as may be the maximum amount permitted by applicable law, rule or regulation). In the event that the Firm withdraws from the case or in the event that this agreement is terminated, the Firm reserves the right to be reimbursed for said costs if a recovery is made by another firm. Pursuant to Florida Rule of Professional Conduct Rule *-*.*, the Firm will advance the costs of my case on my behalf. I will be responsible to reimburse the Firm for all reasonable costs spent in furtherance of my case in the event a recovery is made. The Firm has my authorization and consent to employ and retain any other lawyer(s) as co- counsel, if, in the Firm’s discretion, it deems such appointment to be beneficial to the case. I agree that the co-counsel will also have the right to represent me in the prosecution of my claims. However, the Firm will have responsibility for paying the co-counsel out of the fees identified above. It is understood that I have no other obligation to pay the co-counsel, but that any out-of- pocket expenses incurred by co-counsel shall be considered costs of litigation for which I am responsible. It is understood that the co-counsel will be available to me for consultation in this matter should I so desire, and co-counsel shall have the same legal responsibilities to me for the performance of legal services as the Firm. This agreement does not obligate the Firm to file or prosecute an appeal from an adverse verdict, order or judgment entered in favor of any defendants. Either at the commencement or during the course of the Firm’s representation, the Firm may express opinions or beliefs concerning the litigation or various courses of action and the results that might be anticipated. Any such statement made by any attorneys of the Firm isintended to be an expression of opinion only, based on information available to the Firm at the time, and should not be construed as a promise or guarantee. To secure the payment of the Firm’s fees and costs incurred under the terms of this agreement, I hereby confer and grant a charging lien on my claim and any recovery in this case, and a retaining lien on the funds, property, files and records, as permitted by law, which will be deemed in force and perfected from the date of this agreement. I agree that any claim against the Firm will be adjudicated on an individual basis. I waive the right to participate in a class, collective, representative or other joint action with respect to any such claim. This provision will survive any termination of this agreement.The undersigned client has, before signing this contract, received and read the statement of client’s rights and understands each of the rights set forth therein. The undersigned client has signed the statement and received a signed copy to refer to while being represented by the undersigned attorney(s). I understand and agree that the Firm may contact me at any phone number (including mobile, cellular/wireless, or similar devices) or email address I provide at any time, for any lawful purpose. I agree to keep the Firm informed of any changes to my contact information. The ways in which the Firm may contact me include live operator, automatic telephone dialing systems (auto-dialer), prerecorded message, text messaging systems or email. Phone numbers and email addresses I provide include those I give to the Firm, those from which I contact the Firm or which the Firm obtains through other means. I also understand and agree that the Firm may monitor/and or record any of my phone conversations with the Firm’s representatives. I provide my consent for the Firm and its attorneys to publish the results of my case including, without limitation, trial verdicts, arbitration awards, settlement amounts (without disclosing the names of the parties where confidential), and/or fee awards in advertisements and other media. By executing this fee agreement I agree that, with one exception, any and all disputes between me and the Firm arising out of this agreement, the Firm’srelationship with me or the Firm’s performance of any past, current or future legal services, whether those services are subject of this particular agreement or otherwise, will be resolved through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Orlando, Orange County, Florida. The disputes subject to binding arbitration will include without limitation, disputes regarding attorneys’ fees or costs, and those alleging negligence, malpractice, breach of fiduciary duty, fraud or any claim based upon a statute, and any disputes regarding the arbitrability of any claim. Both the agreement of the parties to arbitrate all disputes and the results and awards rendered through the arbitration will be final and binding on me and the Firm and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such disputes, and both parties waive their rights to resolve disputes by court proceedings or any other means. The parties have agreed that judgment may be entered on the award of any court of competent jurisdiction in the state of Florida and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The one exception to my agreement to arbitrate concerns ethical grievances which I may have. The details, existence and outcome of any arbitration and any information obtained in connection with any arbitration (including any discovery taken in connection with any arbitration) shall be kept strictly confidential and shall not be disclosed or discussed with any person not a party to, or witness in, the arbitration; provided that a party may make such disclosures as are required by applicable law or legal process; provided further that a party may make such disclosures to its attorneys, accountants, investors or other agents and representatives who reasonably need to know the disclosed information in connection with any arbitration and who are obligated to keep such information confidential to the same extent as such party; and provided further a party may make such disclosures to the extent necessary to enforce anyarbitration award. Nothing in this agreement limits, in any way, my right to pursue any ethical grievance against the Firm as permitted by applicable law. This provision will survive any termination of this agreement. I understand that by agreeing to arbitration as a mechanism to resolve all potential controversies, disputes, or claims between us, I am waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. I understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury. I agree that, in the event of such controversy, dispute, or claim between us, the prevailing party will be entitled to recover from the losing party all costs and expenses he, she, or it incurs in bringing and prosecuting, or defending, the arbitration, including reasonable attorneys’ fees and costs. I have been advised to review this contract carefully to be certain that it accurately sets forth our agreement. In the event that I do not understand anything in this agreement, I will let the Firm know so further written explanations can be provided. NOTICE FROM FIRM: This agreement contains provisions requiring arbitration of fee disputes. Before you sign this agreement you should consider consulting with another lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration asthe way to resolve fee disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury. These are important rights that should not be given up without careful consideration. I understand that this contract may be canceled by written notification to the attorney at any time within three (*) business days of the date the contract is signed, as shown below, and if canceled, I shall not be obligated to pay any fees to the attorneys for the work performed during that time. If the attorneys have advanced funds to others in their representation of me, the attorneys are entitled to be reimbursed for such amounts as they have reasonably advanced on behalf of the client. If I discharge my attorneys for any reason after the initial three (*) days, I agree that my attorneys shall be entitled to a reasonable fee in accordance with applicable law. If any term of this agreement isto any extent invalid, or incapable of being enforced,such term shall be excluded to the extent of such invalidity or unenforceability; all other terms shall remain in full force and effect and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. The above engagement is hereby accepted upon the terms and conditions stated herein. DATE: CLIENT MORGAN & MORGAN, TAMPA