Veterans Contract

I take pride in my common sense contracts with clients which I make available to anyone who requests one. Some attorneys treat contracts as "trade secrets". I feel strongly that clients as good consumers should have the right to study and examine any contract before signing. This writing is simple and plain so that clients are confident of the actual costs involved. We use the same contract with each client.

All Veteran Contracts must be approved by the U.S. Court of Veteran Appeals or U.S. Department of Veteran Affairs.

Below is my Veteran's Benefits Contract:

VETERAN BENEFITS LEGAL REPRESENTATION AGREEMENT

(Updated from previous contract dated: _________________ )

This contract and agreement for Veteran benefits legal services is entered into between the undersigned client _________________________________ on behalf of veteran: _________________________________, hereinafter referred as "Client", and Hugh D. Cox, Attorney at Law, 321 Evans Street, Suite 102, P. O. Box 154, Greenville, North Carolina 27835-0154, hereinafter referred to as "Attorney". Client and Attorney agree as follows:

1. Legal Services to be Provided: Client retains Attorney to represent Client before the Department of Veterans Affairs Regional Office and/or Board of Veterans' Appeals (BVA) and/or United States Court of Veterans Appeals (CVA) for award or increase of award of veteran benefits either by appeal, reconsideration or by renewed claim based on new and material evidence on the issues stated or inferred in that decision of denial or partial award described as follows:

Source of Decision:( )Regional Office; ( )BVA; ( )CAVC

Date of Decision: _____________________________________

Purpose of Client for “C” File No.: ____________________________________________________

( )Renewed claim with new and material evidence (loss of past benefits) when new evidence received

( )Motion to reconsider by BVA ( )Appeal to CVA

Issues:

_____________________________________________________________________________________________

Client seeks to secure all benefits reasonable stated or inferred in the decision identified above that the Client is entitled to receive as of the date of most recent DVA application. Client understands that pursuit of client's claim may involve motions or remands before the Department of Veterans Affairs (including Regional Office) and/or Board of Veterans' Appeals and/or United States Court of Veterans Appeals.

2. Contingency Fee Agreement:

(a) There shall be no attorney fees except those expenses set forth in paragraphs herein owed by Client to Attorney if there is no recovery of veteran benefits for Client by Attorney unless such Equal Access to Justice Act (EAJA) attorney fees are approved.

(b) Client agrees to pay Attorney (1) a fee contingent upon the outcome of the claims of Client described in paragraph entitled, "Legal Services to be Provided". This contingency fee shall be TWENTY PERCENT (20%) of the gross amount of any past due DVA or VA benefits recovered for veterans and dependents/children whether by judgment, settlement or administrative action, and (2) if there is an award of attorney fees under the Equal Access to Justice Act (EAJA), Attorney shall be entitled to the greater of (1) or (2) in this paragraph above. Client agrees and acknowledges that Attorney fees sought shall be at a rate established by 28 U.S.C. 2412 and the current consumer price index if an EAJA award is pursued. EAJA attorney fees sought and recovered shall be applied to Client’s contingency fee owed to Attorney.

3. Client Directs DVA Withholding of Attorney fees or Agrees to pay Attorney Fees into Attorney Trust Account: Client directs that the DVA withhold 20% of past due benefits payable to veteran for attorney fees. Client acknowledges that Client is personally responsible for payment of 20% of past due benefits into Attorney’s trust account in the event the Secretary of the Department of Veterans Affairs (DVA) or any of his agencies or agents pays such attorney fees directly to Client. In such event of payment of attorney fees to Client, Client shall pay this amount of 20% of past due benefits into Attorney Trust Account within 5 days of receipt of any check containing attorney fees. Upon approval of attorney fees, Attorney will account to Client for Attorney Trust Account transactions. Should Attorney have to litigate to collect attorney fees, Client agrees that all legal State and federal remedies available to Attorney may be utilized. Client agrees to notify Attorney of any payment of new benefits for which Client was represented by Attorney within 5 days by providing a copy of such new benefits check.

4. Expenses Related to Representation: In addition to fees and retainers discussed above, Client agrees, regardless of recovery or no recovery, that Client is responsible for and will pay for all out-of-pocket expenses incurred by Attorney in connection with this agreement. Client agrees that these out of-pocket expenses may include, but are not limited to, court costs ($50.00 for CVA), photocopying at $.10 per copy, postage, long distance telephone and FAX, messenger and delivery services, retaining of medical and vocational experts and other reasonable expenses deemed necessary by Attorney related to Client's claim.

5. Billing for out-of-pocket Expenses: Client agrees to pay within three (3) days for all out-of-pocket expenses prior to Attorney advancing such money upon telephone or written notification of Client by Attorney. Client agrees to go to each of client's medical facilities to request medical records at the request of Attorney prior to Attorney requesting such medical records directly from medical facility. When impractical to give advanced notification of out-of-pocket expenses to Client, Attorney will bill Client for payment of out-of-pocket expenses. Client agrees to promptly pay for such out-of-pocket expenses within ten (10) days of receipt of the bill from Attorney. Attorney agrees to give advanced notification to client of all anticipated expenses in excess of $50.00 prior to Attorney advancing such sums.

6. Client's Information to Attorney and Cooperation with Attorney: Client agrees to sign any and all necessary forms in order for Attorney to obtain medical, official file and procedural information on this case. Client agrees to locate and contact witnesses and provide documents requested by Attorney. Client agrees to cooperate with Attorney by meeting with him when requested and to attend required hearings or examinations when scheduled. Client further agrees to keep Attorney advised of current address and telephone number as well as necessary information on someone else who can always contact client. Client agrees that Attorney may designate other persons for outside professional services, outside Research Assistants, and outside experts for portions of Client's case if, in the judgment of Attorney, that such services are in the best interest of Client and Attorney and that such services are not within the expertise and control of Attorney. Client and Attorney agree that the designation of any such professional services may require that Client be billed for additional out-of-pocket expenses under Paragraph 5. Attorney agrees to notify Client in advance of any expense exceeding fifty dollars ($50.00).

7. Client's Discharge of Attorney: Client may discharge Attorney upon written notice to Attorney except that if the Client discharges the Attorney without securing substitute counsel after the Attorney has entered an appearance in court, the court may require Attorney to continue to represent the Client until substitute counsel enters an appearance and Attorney's appearance in the proceeding is terminated by the court. If Client discharges Attorney without good and adequate cause after the Attorney has fully performed, substantially performed, or contributed in any way to the results finally obtained by the Client, the Client shall be liable for payment of the Attorney's fees and expenses per a quantum meruit amount of attorney fees based upon the time invested by Attorney in this matter at a rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour or upon other reasonable standard decided by the CVA, BVA, or DVA based upon applicable law if said amount of quantum meruit attorney fees exceed any fees paid as set forth in paragraph 2 above. Withdrawal by Client shall allow Attorney to elect the greater attorney fees under quantum meruit or under paragraph 2 above. as approved by the Court of Veterans Appeals or Department of Veterans Affairs.

8. The Attorney's Withdrawal From Agreement and Right Not to Pursue Appeal: The Attorney does not anticipate any problems that would require withdrawal from this Agreement, and the Attorney intends to pursue Client's matter to the best of his ability. If, however, circumstances arise such as Client's claim not being allowed under the Veterans Judicial Review Act (VJRA) which would disallow attorney fees or reasons that necessitate withdrawal in accordance with the Code of Professional Responsibility, the Attorney will (a) notify the Client in writing of the withdrawal from this Agreement, and (b) take reasonable steps to avoid foreseeable prejudice to the rights of the Client. Client agrees that Attorney shall not be required to pursue a further appeal after the first level of decision of this case if, in the opinion of Attorney, such appeal is not in the best interest of Attorney or Client. Withdrawal by Attorney at Attorney's sole election shall entitle Client to have his fees under paragraph 2 above returned to Client, but withdrawal by attorney because of actions by Client (such as misinformation or non-cooperation) shall not entitle Client to return of fees described in paragraph 2 above.

9. Settlement Offers: The Attorney will advise the Client of all settlement offers and no dismissal or settlement of any claim or claims will be made without the consent of the Client.

10. DVA is Not Authorized to Contact Client Directly: Under no circumstances shall the DVA be authorized to contact the Client directly with respect to attorney's fees in general, or about this fee agreement in particular. Client requests that any correspondence directed to the Client shall also be addressed to and received by the Attorney.

11. Complete Integration, Binding Upon All Parties: This Agreement of Two pages contains the entire agreement between the Client and the Attorney regarding this matter and the payment of fees and expenses. This Agreement shall not be modified except by written agreement signed by the Client and the Attorney. This Agreement shall be binding upon the Client and the Attorney and their respective heirs, executors, legal representatives, and successors.

12. No Promises or Guarantees About Outcome: The Client has read and understands this contract and agrees that the Attorney has made no promises or guarantees regarding the outcome of this matter.

13. Revocation of Prior Powers of Attorney: Client intends that this contract shall revoke all prior Powers of Attorney for representation which may have been filed with the Department of Veterans Affairs by any other attorney or veterans service organization or other veteran representative.

14. Interpretation of Agreement: The Client and the Attorney understand that the U.S. Court of Veterans Appeals or Board of Veterans' Appeals is vested with the authority to determine the reasonableness of this fee Agreement. Further, the Client and the Attorney agree that in the event that there is a disagreement about the meaning of any term of this Agreement, the Veterans Judicial Review Act or the laws of the State of North Carolina shall govern the interpretation of this Agreement. The Client further agrees that, if there is recourse to the judicial process to resolve a dispute about this Agreement, he will submit to the jurisdiction of the appropriate courts and will permit the dispute to be adjudicated by said courts.

15. Commencement of Representation: Actual work on behalf of Client by Attorney under this Agreement will not commence until the Attorney receives a copy of this Agreement signed by the Client. The effective date of this Agreement to represent shall be the date on which the Attorney signs this Agreement. Attorney and Client agree that this Contract will be filed with the DVA, BVA and CVA as appropriate. An original contract will be forwarded to Client by Attorney.

16. Mutual Agreement: We agree that the above agreement and contract of THREE pages represents our complete mutual agreement.

_____________________________________________ __________________________

Client Date

_____________________________________________ __________________________

Hugh D. Cox Date

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