Fee Sharing Program Terms and Conditions

TERMS AND CONDITIONS

1. Definitions

a. Referred Client: the party(ies) initially referred from Referring Attorney to Wirtz Law APC.
b. Referring Attorney: the attorney who refers a Referred Client to Wirtz Law APC.

2. Fee Sharing Percentages

a. 20% (Twenty Percent) of all hourly fees collected from a Referred Client will be paid for the first matter handled for a Referred Client.
b. 15% (Fifteen Percent) of all contingency fees collected from a Referred Client, and all fees collected for any matter after the first for the first five years.
c. 5% (Five Percent) of all fees collected from a Referred Client for all matters after the fifth year.

3. The Referring Attorney must be an active member of the State Bar of California in good standing through the time of payment.

4. The Referring Attorney will not have any rights with respect to the Referred Client’s matter(s). The Referring Attorney will not be an attorney for the Referred Client for any matter, unless that is specifically agreed upon in writing by Referred Client and Wirtz Law APC. The Referring Attorney will not advise, counsel, provide input, interfere with, participate in, or otherwise attempt to control, manage, or supervise Wirtz Law APC concerning any matter of a Referred Client. The Referring Attorney will have no ability to terminate the relationship between Wirtz Law APC and the Referred Client. Only the Referred Client and Wirtz Law APC may terminate their relationship.

5. Wirtz Law APC shall disclose the applicable fee sharing agreement in the written engagement agreement and will use its best efforts to secure consent to the fee sharing by the client. If the client does not consent, Wirtz Law APC shall notify the Referring Attorney and no fee sharing will occur because none can occur under the State Bar Rules of Conduct. This Fee Sharing mans health Program is governed by the State Bar Rules of Conduct and a change to those rules may terminate this agreement.

6. Only net collected fees will be shared. Net collected fees means the difference between collected fees and uncollected fees. Fees will be deemed uncollected 90 days after a final bill is delivered to the Referred Client.  if Net collected fees will Costs are not included and Fee Sharing will be calculated by Wirtz Law APC’s Timeslips® software program according to that program’s Fee Allocation Reports.  Wirtz Law APC reserves the right to substitute a different software program. The Referring Attorney shall have no right to audit, inspect, review, or copy the books and records of Wirtz Law APC.

7. Fee Sharing payments will be paid within approximately 30 days of full payment by  Referred Client or within approximately 100 days after the final bill for the matter has been delivered to the Referred Client.  The Referring Attorney will receive an IRS Form 1099-Miscellaneous Income for all shared fees paid to the Referring Attorney by Wirtz Law APC.

8. Fees will be shared under this Fee Sharing Program on fees collected up through the date of death of the Referring Attorney at which time this Fee Sharing Program will terminate with respect to all matters referred by the Referring Attorney.

9. The Referring Attorney’s rights under this Fee Sharing Program cannot be assigned, transferred, pledged, or hypothecated. All rights are personal to the Referring Attorney and will expire immediately upon any assignment, transfer, pledge, or hypothecation.

10. Any disputes between the Referring Attorney and Wirtz Law APC shall be resolved by binding arbitration in San Diego County applying California law.

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If you have any questions about the Fee Sharing Program, feel free to contact Richard at rwirtz@wirtzlaw.com or at 858.259.5009.

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