I understand that ROXANNE CONLIN & ASSOCIATES, P.C. agrees to investigate the facts surrounding the following incident:
on my behalf in order to determine if the facts are sufficient to institute a claim against
In the event that ROXANNE CONLIN & ASSOCIATES, P.C. determines that such facts are sufficient to pursue a claim, they agree to represent me and I agree to retain their services as attorneys under the following terms:
1. My attorneys will exercise their best efforts on my behalf and will not settle my case without my permission.
2. My attorneys will expect me to work on my case, to answer their calls and supply them with complete and accurate information. My attorneys will also expect me to cooperate with them in all reasonable requests. The failure to cooperate will permit my attorneys to withdraw from representing me.
3. I understand that after the right-to-sue letter is issued, the complaint file will be requested from the Iowa Civil Rights Commission. If, after reviewing the employer's response, the attorneys determine that it is unlikely that the case can be won, I understand that they will not proceed. I am then entitled to seek another attorney. No fees will be owed to Roxanne Conlin & Associates, P.C. However, costs will be owed.
4. My attorneys will seek compensation under the fee shifting provisions of applicable state and federal law. I will pay my attorneys 40% of any amounts awarded at trial or in settlement, or court ordered fees or 40% of the award plus court ordered fees, whichever is greater. Upon settlement, I will pay 40% of settlement or the amount of accrued attorney's fees, whichever is greater. I understand my attorneys may negotiate their fees separately based on their reasonable hourly rate. I understand Roxanne Conlin's hourly rate is $940.00 per hour as of the time this agreement is signed. If a structured settlement is negotiated, attorney's fees will be based on 40% of the cost of the annuity or its present value or on accrued attorney's fees. If an appeal or retrial is necessary, I will pay my attorney 45% of any amount recovered or court ordered fees, whichever is greater.
5. At some point during the course of legal representation, a settlement proposal may arise which my attorneys believe to be a just and reasonable resolution of my claim(s). Such a determination shall depend on my attorneys' evaluation of the combination of the harm and financial losses suffered by me, the state of the applicable law, and the likelihood of prevailing at trial. If my attorneys recommend a settlement proposal as just and reasonable and I refuse to accept said proposal, my attorneys shall have the right to withdraw from my case and shall be entitled to all costs incurred and the higher of the current hourly rate accrued to date or 40% of the last settlement offered by employer.
6. In the event the opposing party makes an offer of reinstatement or of settlement in full after proceedings have been initiated, I agree that my attorney will evaluate the offer to determine whether it is bona fide and whether refusal of the offer would reduce or cut off the liability of the opposing party. I further agree that in the event such an offer is made, and I decline to accept the offer after my attorney has determined that the offer is bona fide and that refusal would reduce or cut off the liability of the opposing party, then my attorneys may terminate their representation and in such event I agree to pay attorneys a fee at their prevailing rate per hour for work done, which I understand is $940.00 per hour for Roxanne Conlin at the time of signing this agreement.
7. If, as part of a settlement or verdict, the employer reinstates me, I agree to pay an attorney fee equal to 40% of my salary for a period of two years after reinstatement. I understand that the fee due as part of reinstatement will not exceed 40% and may be less at my attorney's option. I further understand that my attorney will discuss fee payment options with me before agreeing to a settlement which includes reinstatement. Such payment options may include monthly payments over a period longer than two years.
8. My attorney will advance costs on my behalf. All costs advanced by my attorney will be repaid by me from my share. Costs include filing fees, depositions, experts, copying, travel expenses and the like.
Note: There may be other costs associated with the lawsuit but which are not considered to be costs of the lawsuit. Examples of that type of expense include such things as opening an estate, fees to tax advisors and all expenses for medical treatment.
9. I have the right to terminate my attorneys' services and this Agreement at any time. I will, however, still owe my attorneys any money due at the time my attorneys are given notice of that decision. That will include advanced costs and the recoverable hourly rate already expended on my case. If my attorneys have negotiated a settlement which I do not wish to accept, I may owe them 40% of the amount negotiated in the event of recovery.
10. My attorneys have the right to withdraw from representing me if a) I insist upon pursuing an objective that is imprudent; b) I make representation unreasonably difficult or unethical; c) I fail to disclose information after being asked to do so or disclose false information; d) I fail to cooperate in pursuing my case; or e) other good cause for withdrawal exists. My attorneys do not give up their right to withdraw even where my attorneys continue to represent me after an event permitting withdrawal.
11. It is agreed that my attorneys have made no guarantees concerning the outcome in this matter.
12. I further authorize my attorneys to pay any medical bills or other bills from the proceeds before disbursing any proceeds to me.
13. IN THE EVENT OF NO RECOVERY, I SHALL OWE MY ATTORNEYS NOTHING FOR SERVICES RENDERED.
DATED at ____________________, Iowa, this _____ day of ____________, 2016.
ACCEPTED: _____ day of ________________, 2016.
ROXANNE BARTON CONLIN