LAW OFFICES OF NIXON & ASSOCIATES, P.C.ATTORNEYS AT LAW
5444 WESTHEIMER, SUITE 125HOUSTON, TEXAS 77056
TELEPHONE (713) 893-4439TELEFAX (888) 591-6924
EMAIL: ATTORNEY@FIGHTSPRINGLAKESHOA.COM
This Agreement is made between the LAW OFFICES OF NIXON & ASSOCIATES, P.C. hereinafter referred to as the "Attorney" or “Attorneys” located at 5444 Westheimer, Suite 125, Houston, Texas 77056, and the following party or parties, hereinafter referred to as the “Client” or “Clients” that resides at the following address and uses the following contact information:
Name:
Address:
,
Contact Details:
The Client retains and employs the LAW OFFICES OF NIXON & ASSOCIATES, P.C., to represent them in prosecuting the Client's claims under the statutes of the State of Texas and all other applicable rules of the State of Texas against the Respondent(s)/Defendant(s) to be named. The Client empowers the Attorney to compromise the claim and to file such legal action as may be advisable in the Attorney's judgment.
Attorney’s fees in this action are set at $300.00 per hour. Client shall be responsible for any other fees that are attributed to the filing of a petition, documents, transfer documentation, discovery, or answer in this case. A non-refundable retainer shall be provided to the Attorney. An initial retainer of $300.00 is submitted upon execution of this contract. This retainer is compensation for time spent in the initial stages of the case and to compensate the Attorney in foregoing other cases to focus time on this Client’s issues and case.
All costs, necessary disbursements, and reasonable personal and travel expenses that are incurred by the Attorney for or on behalf of the Client and/or Clients cause will be paid by the Client and the Attorney will be reimbursed by the Client in a timely manner for those expenses.
The Attorney, at his/her discretion, may also employ expert investigators to investigate the facts surrounding this action. All such experts shall report exclusively to the Attorney. The fees charged by such expert witnesses and investigators may be advanced by the Attorney, but timely payment shall first be sought from the Client for those expenses.
The Attorney may employ associate counsel to assist the Attorney in prosecuting the Client's claim, at the Client’s expense. The Client will be provided reasonable and timely notification, and the opportunity to reject the employment of associate counsel.
The Client agrees to cooperate with the Attorneys at all times and to comply with all reasonable requests of the Attorneys. The Client further agrees to keep the Attorney informed of his/her changes in your Address, Contact Information, or Relationship with any parties in this matter.
The Attorney may, at their option, withdraw from the case and cease to represent the Client should the Client fail to comply with any portion of this Agreement, or should the Attorney decide that they cannot continue to be involved in the case. Such withdrawal will be effective by mailing a written notice to the Client's last known address.
The Attorney shall be entitled to his/her full share of any settlement or judgment on the claim for prosecution for which the Attorney is retained, even though the Client has discharged the Attorney or substituted Attorneys before such settlement is made or judgment is had.
The Attorney may withdraw from representation of the Client in this claim at any time, on reasonable notice to the Client. Additionally, the Attorney may withdraw if:
The Attorney will not make a settlement of the aforementioned claim or suit or accept any consideration for any of the Client's claims or expenses, without the Client’s consent.
The Attorney is authorized to enter into settlement negotiations on behalf of the Client and those whom they represent as they deem appropriate. This includes the prerogative to pursue cash and/or structured settlement negotiations. The Attorney shall neither settle nor compromise this matter without the final approval of the Client. In the event that the case is settled by way of a structured property settlement, the Client approves and authorizes the Attorney to take their fee, either in cash or in structured payments, as they deem appropriate. The Client further authorizes specialists and tax consultants to assist in evaluating the efficacy and benefits of such settlement. The fees for such services will be carried as an expense of litigation.
The Client understands that the Attorney has not made any representations concerning the successful termination of the Client's claim, or the favorable outcome of any legal action that may be filed and has not guaranteed that the Attorney will obtain reimbursement to the Client for any of the Client's costs or expenses resulting from this action out of which this claim arises. The Client further expressly acknowledges that all statements of the Attorney on these matters are statements of opinion only.
Charges to the Client, in this case, are not conditioned upon recovery of damages in this case or a favorable outcome. The Attorney will be promptly compensated by the Client for any charges for the time, services, fees, costs, or other expenses, which the Attorney may have expended or advanced.
The Client gives the Attorney a Power of Attorney to execute all documents connected with the claim, transfer, or cause for the prosecution of which the Attorney is retained, including pleadings, contracts, checks, or drafts, and releases, verifications, dismissals, and orders and all other documents that the Client could properly execute.
The Client must sign all settlement agreements on their own behalf.
This agreement shall be construed under and in accordance with the laws of the State of Texas, and the rights, duties, and obligations of the Client and of the Attorneys regarding the Attorney's representation of the Client, and regarding anything covered by this agreement, shall be governed by the applicable laws of the State of Texas. Any suit between the Client(s) and the Attorney(s) regarding his/her Attorneys' representation of the Client or anything covered by this agreement will be filed in a court of competent jurisdiction in Harris County, Texas.
This agreement shall be binding upon and inure to the benefit of the parties hereto and their representative heirs, administrators, legal representatives, successors, and assigns.
In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
If the Client has a dispute or claim against anyone employed under this agreement and the dispute or claim arises out of, is related to, or concerns any aspect of this agreement or services performed or not performed under this agreement, all such disputes or claims shall be submitted to MEDIATION prior to the filing of any lawsuit. Any such Mediation shall be held in Houston, Texas, and no legal proceedings may be instituted until after mediation is complete.
Attorney and Client agree that a mediator is selected from the local bar association of mediators within Harris County and shall mediate the claims and disputes and the Attorney and the Client further agree to split the cost of said Mediation 50/50. The parties may also mutually agree to a mediator.
The mediator shall notify the Attorney and the Client and set a date, time, and place for the Mediation hearing. The mediated settlement agreement shall be based on evidence submitted and governed by the Texas Rules of Civil Procedure, Texas Rules of Evidence, and statutory and case law. Notification of the details of the mediation shall be mailed to the addresses of the Attorney and the Client as shown on the employment agreement unless the mediator knows of a more current address. The notice shall be postage prepaid and deemed received within five days from the deposit of the notice. The parties may employ legal counsel to represent them in the Mediation.
The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas Attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office General Counsel will provide you with information about how to file a complaint.
For more information, please call 1-800-932-1900. This is a toll-free call.
This contract embodies the entire agreement of the parties hereto with respect to the matters contained herein. It is agreed that the terms, conditions, and stipulations hereof shall not be modified or revoked, unless by a written agreement signed by both parties and attached hereto and made a part hereof. Further, the Client acknowledges that he/she has read this contract and has found it to be fair and reasonable. FURTHER, THE CLIENT ACKNOWLEDGES THAT IN ADDITION TO HAVING READ THIS AGREEMENT IN ITS ENTIRETY, THE UNDERSIGNED ATTORNEY HAS ANSWERED ANY QUESTIONS CONCERNING THE AGREEMENT RAISED BY THE CLIENT AND THE CLIENT UNDERSTANDS THE AGREEMENT AND CONSIDERS IT TO BE FAIR AND REASONABLE.
I, acknowledge that all of the above provisions have been thoroughly reviewed with me by the Attorney and that I fully and completely understand each of the provisions.
The parties have executed this agreement on .
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Signed by Tom Nixon Signed On: August 15, 2023
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Document Name: Attorney Client Services Legal Agreement
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