Attorney Retainer Agreement Template (Page 5 of 8) in pdf

VI.

FAVORABLE OUTCOME NOT GUARANTEED

The Client understands that the Firm has not made to the Client any representations or

statements concerning the outcome of the above referenced Matter, or the favorable outcome of

any legal action that may be filed. No representation has been made by the Firm to the Client

regarding reimbursement to the Client of any of the fees, costs, and/or expenses incurred by the

Client in the above referenced Matter. The Client further expressly acknowledges that all

statements of the Firm on this Matter are statements of opinions only; there have been no

representations as to the outcome of any Matter. The Client further understands that if the above

referenced Matter is litigated and a judgment is rendered against the Client, the Client may be

responsible for court costs and fees.

VII.

LIEN AND SECURITY INTEREST

By the Client’s signature on this Agreement, (i) the Client hereby grants to the Firm a

lien and security interest on all cash or other property received or recovered by the Client or the

Firm under or related to any settlement or judgment to secure payment of the Client’s fees and

expenses to the Firm, and (ii) the Client also understands that under Texas law, the Firm has a

right to assert a lien against the Client’s files to secure payment of any unpaid amounts the Client

owes to the Firm.

VIII.

ARBITRATION

We do not anticipate that you will have any complaints about our services. It is possible,

however, that disputes between us might arise. In order to facilitate a quick and inexpensive

resolution of any such disputes, you and we both agree that any disputes arising out of our

representation, whether contractual or tortious in nature, will be resolved exclusively by

submission to binding arbitration pursuant to the rules of the American Arbitration Association

(“AAA”) under the Texas General Arbitration Act (“TGAA”) or at the Houston Bar Association

(“HBA”) Fee Dispute Committee. The parties shall attempt to reach a decision as to whether the

AAA or the HBA Fee Dispute Committee shall hear the arbitration. If no agreement can be

reached, the decision shall be made by the Firm. You should have separate counsel review

this contract and this provision concerning the TGAA.

To further clarify our agreement on arbitration, arbitration would apply to any

controversy, claim or dispute in the course and scope of the lawyer-client relationship or arising

out of or relating to this Agreement or the breach, termination, enforcement, interpretation or

validity thereof, including the determination of the scope or applicability of this agreement to

arbitrate. The arbitrator will specifically include in a final decision any claim for a premium

pursuant to paragraph II.D, if an agreement as to the premium can not be reached prior to the

request for arbitration. Our dispute shall be determined by arbitration in Houston, Texas

before a solo arbitrator, in accordance with the laws of the State of Texas for agreements

made in and to be performed in Houston, Texas, and the TGAA.

“Disputes” shall include, without limitation, those involving fees, costs, billing, and

breach of ethical or fiduciary duties. The arbitration shall be administered by the American

Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Supplementary

Attorney Retainer Agreement Template Page 5