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SAMPLE CONTINGENT FEE COLLECTION AGREEMENT

The Client Retains Attorney Bernard J. Hamill, Esquire of 36 Miller Stile Road, Quincy, Massachusetts 02169, or any associate counsel of his choice.

1. The services to be performed are: To collect money Client ________________is owed by

debtor_________________________ in the amount of _________________.

2. The within CLIENT (hereinafter referred to as "you" or "your") hereby agrees with the following collection contract with Bernard J. Hamill, Attorney at Law ("we", "us" or "our") is subject to the following terms and provisions.

3. We will handle Collection matters for you on a contingent fee basis of one third (33 1/3%) of any and all amounts collected. You agree to advance the costs of filing an action to us prior to suit and these are in addition to and separate from the fees. Generally these costs are in the range of $250 for filing fees and service by sheriff of the summons and complaint.
Client has the ultimate authority over settlement and/or compromise of any debt. THERE WILL BE NO FEE OWED TO THE ATTORNEY IF THERE IS NO SUCCESSFUL RECOVERY.

4. You agree that we are authorized to initiate Collection by a demand letter. If you are not paid in full or substantially in full you authorize us to file suit 30 days after the demand letter is sent and or take the matter to judgement .

5. Where payment is made to you prior to the filing of suit but after we have been engaged by you signing this contract and a letter has been sent or a phone call made by our office to the debtor, then a lesser fee may be charged in the discretion of the Attorney. In no case will the reduced fee be less than ten percent of the amounts collected or agreed upon in a payment plan. Counsel's fee is earned/vested upon any payment by debtor directly to creditor/client once the debtor receives any correspondence or legal papers from our law firm

6. You authorize us to endorse and negotiate and/or deposit checks collected on your behalf into our clients trust account and withdraw our portion (fees and costs) of said funds. You authorize us as your agent to forward matters to other law firms and or to associate or co-counsel with other firms at no additional costs to client.

7. You agree to forward to us all payments received directly from debtors on assigned accounts, for deposit into our trust account; in event same does not occur you agree to pay us immediately the applicable collection fee on the said payment. The contingent rate is due to us if you or any one designated by you receive any funds or other consideration from any source by or on behalf of any person or entity against whom we are retained by you to pursue in any Collection matter.

8. You agree to pay us at our then prevailing hourly rates in matters or portions of matters which are not Collection matters. Such hourly rates vary with respect to the individual rendering such service and their hourly rate in effect at the time the services are performed. Attorneys' hourly rates, which are subject to periodic adjustments, are currently Two Hundred Dollars.

9. "Collection matters" are matters in which we seek to recover money and/or personal property for you from a third party inside the United States. They do not include disputed claims, counterclaims or defenses, defense of cross-complaints or counter-claims or separate suits against you. (Including claims of non-performance; product defects, etc.)
They do include filing of a lawsuit, and taking the case through trial. They do not include appeals, work in Bankruptcy Court, injunctive relief nor applications for real estate attachment or writs of possession, although the attorney may do so as part of the contingent fee agreement in his sole discretion. They do include standard post-judgment collection efforts, including one judgment debtor examination.

10.Attorney reserves the right to cease work on any file it deems substantially 'uncollectable" in its own discretion. This determination may include the decision that it is economically unfeasible for the law firm to continue litigation or collection efforts because there are insufficient assets to justify collection. If in our opinion, the case involves an unsecured/ substantially uncollectible claim or bankruptcy, we reserve the right either to withdraw representation or take the claim to judgment.

11. You shall be responsible for and agree to pay all costs and disbursements incurred. We may, at our sole option, advance costs and disbursements, which are immediately due. We reserve the right to require additional funds which shall be deposited in our trust account and credited to your account and shall be and constitute an advance payment against which our subsequent charges for any non-contingent legal fees and costs shall be debited. The costs include but not limited to: filing fees, witness fees, asset searchs, private investigators, travel, sheriff's and constable's fees, expenses of depositions, investigative expenses, charges for photocopies and telephone, and other incidental expenses as incurred.

12. If we withdraw or are discharged for any reason, we shall be entitled to receive from you any and all monies due and owing to us on account of legal fees incurred and/or costs advanced and/or the reasonable value of our services and/or a lien on any pending action upon which we provided collection and/or legal services. It is further agreed that we may prepare, at our expense, and retain, a duplicate file with respect to all services rendered on your behalf.

13. This agreement is deemed entered into in the State of Massachusetts. In the event of litigation to enforce or interpret these terms and provisions, the parties agree that (a) it can only be filed in the District or Superior Court located in Norfolk County, Massachusetts, and (b) the prevailing party therein will be entitled to reasonable attorney's fees and costs incurred.

14. If this Agreement is signed on your behalf, you and the person signing on your behalf each warrant that the person signing has full authority as agent to bind you to the terms of this Agreement. Client agrees that the attached "engagement letter" is incorporated herein as part of this fee agreement.

15. This Agreement may be executed in counterparts, and your signature on this or any Assignment Form or submissions of collection matters to us deems acceptance of these terms. Any copy of this Agreement shall have the same effect as an original. This Agreement shall become effective only after we have both signed it.

WE HAVE EACH READ THE ABOVE AGREEMENT BEFORE SIGNING IT.

_______________________ Date: __________
Bernard J. Hamill, Esquire

_______________________
(Client Signature)

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