You are a Paralegal working for the law firm of Kirby & Winkle, P.C. located at 433 West Michigan Avenue, Lansing, Michigan 48933. Kevin Davis, the Managing Partner, comes to you and asks you to draft a Retainer and Contingency Fee Agreement for a new client for his signature. The partner tells you the following:
1. The potential client is Lester Milton. He wants to hire us to investigate, and if necessary, prosecute all claims against Tia Landry and whoever else or whatever entities may be responsible for a slip and fall that occurred on the stairs of Lester’s Laundries on May 30, 2006.
2. Whether or not the case is settled or if a lawsuit is filed, the firm gets one-third (33%) of any money that Lester wins. First costs and expenses that the firm pays for Lester will be deducted from what he wins. The firm will have an express attorneys’ lien on any money that Lester wins to make sure that we get paid.
3. To name a few, Filing Fees, Court Reporter Fees, Expert Witness Fees, Travel Expenses, Long Distance Calls, and Copying Costs will have to be paid by Lester whether he wins or loses. He may have to pay something else too.
4. Lester has to allow us to conduct settlement negotiations on his behalf, and we will let him know what offers and counter-offers are being made and will get his approval to settle.
5. If Lester wants us to help him with a cross claim, counter claim, or any other type of action that may be brought against him as a result of this suit, he has to pay us an additional $350 an hour, and pay for the costs and expenses to defend the claim.
6. We are not going to Appeal this matter if the result is not what he wants, if he has no sound issues or merits to appeal. We can withdraw our representation if it seems like the claim no longer has merit, but if we withdraw, we’ll give him his file, but we still need our money back from him for our costs and expenses.
7. If he wants, Lester can dismiss us as his attorneys. He still has to pay us for the work we have done up to that point.
8. Nobody at the firm has made to Lester any promises or guarantees on the outcome of his case.
9. This is the full agreement between Kirby & Winkle, P.C. and Lester. There are no previous oral or written agreements. All prior agreements are incorporated in the Agreement.
10. Lester, and our firm both have to change anything concerning this agreement in writing and sign it.
Please help out by drafting this document. Remember to give the document a name, use appropriate headings and subheadings as needed (Hint: What is the main idea topic of each number?), tabulate appropriately, and remember both parties need to sign and date.