LIMITED RETAINER AGREEMENT
AutoCounsel
The undersigned client does hereby retain AutoCounsel to oversee the legal defense provided by my insurance company in the event I’m involved in an auto accident.
I understand that my insurance company will hire an attorney of its own choosing to defend the claim during litigation. I am further aware that before litigation ensues, typically a claims adjuster will be assigned to handle my claim during the initial phases before a potential lawsuit is filed against me.
AutoCounsel will be available to answer my questions throughout the entire process and explain the claims made against me and what my potential options are. The attorney my insurance company provides may have obligations to both the insurer and me, and I recognize that this dual obligation may sometimes affect the way my interests are represented. Therefore, I seek to retain separate counsel through AutoCounsel who will represent my interests only.
Moreover, the claims adjuster handling my claim is employed by, or on behalf of, the insurance company; I prefer to receive advice from my own counsel who is not affiliated with the insurer.
Scope of Representation
AutoCounsel will provide the following services:
Be available to consult with the Client after their involvement in a a motor vehicle accident
Should a claim be made against the Client for bodily injury, AutoCounsel will provide the following services:
- Communicate with the insurance company adjuster on Client’s behalf.
- Review communications from the Client’s insurance adjuster and provide guidance regarding those communications.
- Review documents provided by the insurance company before the Client signs them.
- Answer questions about the claims process while the claim is pending.
- In the event the Client is sued, communicate with the insurance defense attorney as permitted by the Client, and help ensure the Client understands their position and any proposed settlements.
- Assist the Client in facilitating communication with the defense attorney assigned to the Client by the insurance company if delays or unresponsiveness occur.
- Explain any key developments during litigation and provide general legal advice about potential Client options.
- If the Client is injured in an accident that was not their fault, AutoCounsel may offer separate representation under a different retainer agreement.
The agreement renews automatically unless canceled by the Client with written notice. The monthly or annual retainer is considered earned upon receipt and is not held in trust. Should the Client cancel this agreement during the pendency of any claim, AutoCounsel shall be discharged from any further obligations.
Limitations of Representation
- AutoCounsel is not an insurance company, nor does it act as or replace your insurance. AutoCounsel does not pay claims and does not fund your legal defense. Payment of claims and funding the Client’s legal defense is the responsibility of the Client’s insurance company.
- AutoCounsel will not file pleadings, make court appearances, or formally represent Client in litigation related to the claim unless a separate litigation retainer agreement is signed by Client.
- AutoCounsel does not provide asset protection advice or estate planning services under this agreement.
- AutoCounsel does not provide legal services beyond those specifically described above unless agreed to in writing by both parties.
Disclosures and Client Acknowledgment
- The Client understands this is a limited scope representation agreement.
- In order to provide these services, the Client must maintain a motor vehicle insurance policy with coverage for bodily injury.
- The Attorney may decline services in cases of legal conflict or capacity limitations.
- This agreement creates a present attorney-client relationship as of the date signed, even if no claim has been filed.
- AutoCounsel makes no guarantees as to the outcome of any claims made against the Client.
- The above services are only provided on claims made against the Client for incidents/accidents occurring after the signing of this agreement.
- AutoCounsel will not provide any services related to any criminal charges or traffic infraction
- Client is aware and understands that the attorneys at AutoCounsel, Ariel Furst and Todd Stabinski have their own separate firms, Stabinski Law and Law Office of Ariel Furst. These firms are independently owned and operated, and focus on the representation of plaintiffs in personal injury and property damage cases. Client is entering into a legal services agreement with AutoCounsel only. No legal services in this matter are being provided by or on behalf of any other firm unless specifically agreed to in writing. AutoCounsel affirms that there is no conflict of interest in this representation, and Client’s confidential information will not be shared with any outside firm without Client’s express, written permission.
- Unless specifically described in the Scope of Representation above, AutoCounsel will not have any other responsibilities to the Client.