Common use of Settlement Proposals Clause in Contracts

Settlement Proposals. At some point during the course of the legal representation, a settlement proposal may arise which the Attorneys believe to be just and reasonable under the circumstances. Such a determination shall depend on the Attorneys’ evaluation of the combination of the harm and financial losses suffered by the Client, the state of the applicable law, and the likelihood of prevailing at trial. If the Attorneys recommend a settlement proposal and the Client refuses to accept said proposal, the Attorneys shall have the right to withdraw from representing the Client, and the Client agrees to pay the Attorneys a reasonable fee based on the Attorneys’ hourly rates as set forth herein for all work performed on the Client’s behalf and all costs incurred. Settlement Authority and Assignment of Fees. Neither settlement nor compromise of the claims against any opposing party shall be contingent upon the waiver of the fees earned by the Attorneys. No settlement of any nature shall be made for the Client’s claim(s) without the approval of the Client, nor shall the Client obtain any settlement without the prior notice and complete knowledge of the Attorneys. Facts Not Known To Attorneys. The Client hereby acknowledges that they have been truthfull and forthright with the Attorneys regarding the facts and circumstances surrounding the Client’s claim(s) and has disclosed the Client’s complete knowledge of the facts and the circumstances surrounding Client’s claim and all other facts which could affect the Client’s right to recovery and/or damages. If, during the course of this representation, the Attorneys learn facts which were not disclosed to the Attorneys by the Client before Client signed this Agreement and said facts adversely affect, in the Attorneys’ opinion, the validity and/or value of the Client’s claim(s) and/or damages, the Attorneys shall have the right to withdraw from the Client’s case and the Client agrees to pay the Attorneys a reasonable fee based on the Attorneys’ hourly rates as set forth herein for all work performed on the Client’s behalf and all costs incurred. Payment of Fees and Costs. Any payment of fees and/or costs provided for by this Agreement shall be due either the date of the signing of the matter’s settlement agreement or receipt of any judgment/settlement proceeds by the Client, whichever is later. Lien on Settlement or Other Recovery. Client agrees and hereby acknowledges that the Attorneys shall have a priority lien against any recovery whether by settlement, judgment or otherwise, for the payment of any fees and/or costs under this Agreement and this priority lien shall have priority over any and all other claims and/or creditors. No Guarantees. It is understood and agreed that the Attorneys have made no guarantees or promises regarding the outcome (successful or unsuccessful) of the Client’s claim(s) and all comments concerning the potential outcome are a matter of opinion only.