While the terms of representation and compensation are set forth in a written fee agreement with each client, for most matters, such as all plaintiff personal injury matters (including that arising from medical malpractice, exposure to asbestos, silica, welding rod fumes, pharmaceutical or other product liability, and motor vehicle accidents) and those for wrongful death, Kelley & Ferraro, LLP, bills on a contingent fee basis. This means that, rather than be paid on an hourly basis, Kelley & Ferraro, LLP, shall receive for legal services rendered a percentage of any settlement or recovery made for its client.
The percentage is of the total recovery or settlement before any costs, expenses or disbursements are deducted. All costs, expenses and disbursements are paid out of the client's portion of the recovery. If a settlement or judgment is reached, but the monies are never collected from or paid by the opposing party(ies), the client remains responsible for the payment of costs, expenses and disbursements, including those for which the costs and expenses were advanced by Kelley & Ferraro, LLP.
The terms "court costs" and "expenses" include, without limitation, filing fees, court costs, expert fees (regarding, without limitation, evaluation, reports and/or testimony), consultant fees, court reporter fees, record service fees, photocopying, preparation of exhibits and photographs, investigative fees and expenses, court-mandated expenditures, specialized outside counsel fees and expenses (i.e., probate, taxation, bankruptcy), any expenses of a structured settlement, medical records, subpoenas, and all other reasonable and necessary costs and expenses that Kelley & Ferraro, LLP, in its professional judgment, determine to be reasonably needed to the prosecution and/or settlement of the claims of the client.