Deli Associate
Winn-Dixie Stores Inc.
Titusville, FL
1982 - 1985
Frances Waller
Titusville,USA
Work History
Education
CNA - CNA
Brevard County College
3279608-1980
Timeline
Deli Associate
Winn-Dixie Stores Inc.
1982 - 1985
CNA - CNA
Brevard County College
AGREEMENT FOR REPRESENTATION
- This AGREEMENT FOR REPRESENTATION entered into on January 9, 2024 between Frances Waller referred to as “CLIENT,” and The Umansky Law Firm, P.A., 1945 East Michigan Street, Orlando, Florida, hereinafter referred to as “ATTORNEY.”
- WITNESSETH:
- 1. The CLIENT retains the undersigned ATTORNEY to represent Frances Waller (if other than the CLIENT, see acknowledgment at end of agreement) for General Criminal, in regard to Client’s charge of DUI in Brevard County and the CLIENT does hereby give to said ATTORNEY the exclusive right to take all legal steps to represent the CLIENT’S interests. This agreement is only valid for one (1) year from the date entered into. The CLIENT understands that a new agreement for an additional fee will have to be entered into for continued representation in this matter after the one (1) year expiration.
- 2. In consideration of the services rendered and to be rendered by said ATTORNEY, the CLIENT hereby agrees to pay the sum of $4,200.00 as a retainer and NON-REFUNDABLE MINIMUM FEE. In the event of a trial, an additional $1,500.00 shall be due as a NON-REFUNDABLE trial fee. The trial fee is due on or before the date the case is announced “ready for trial.” CLIENT understands and agrees that failure to comply with the Attorney’s request for additional advance payments shall be grounds for termination of the contract by the ATTORNEY. If a diversion administrative review is scheduled due to an alleged violation of diversion requirements, an additional $500 fee will be due for a one-time appearance before the pretrial diversion review board.
- 3. The fee referenced in paragraph 2 above shall be due as follows:
- We have received an initial payment of $1,000.00
- Your remaining balance of $3,200.00 will be due in payments of $350.00 on the 1st and 15th of each month beginning on 2/1/2024.
- 4. AUTO RECURRING PAYMENT
- The Client authorizes payment of the initial retainer and biweekly/monthly payments by Credit Card, Check Card or ATM Card. Client understands that the card on file for the initial payment shall be used for additional scheduled payments. If Client wishes to utilize a different card, it is the Client’s responsibility to update the card information with The Umansky Law Firm. If Client wants to use a card for the payment plan that is not the same as the card used for the initial payment, Client shall provide the card information below:
- The Client Authorizes the Attorney to charge the payments to ______________, Account:______________, expiration date:_______ CVV code:_______ The Client authorizes the ATTORNEY to charge the foregoing Credit, Check or ATM card for any additional fees including, but not limited to, the remaining legal fees, trial fee(s) or costs that are contemplated by this agreement should the Client not pay those fees and costs as outlined in this agreement.
- Client agrees that automatic debits will occur on or about the scheduled dates listed above. If the scheduled due date is on a weekend or holiday, the debit will be processed on the next banking day before or after the scheduled date, at the Umansky Law Firm’s option.
- 5. CLIENT agrees to pay the necessary expenses separately as these expenses are incurred by the ATTORNEY. These expenses may include but shall not be limited to merchant service fees, court costs, obtaining records, FDLE certificate costs, research records, certified copies of records, computer research time, deposition costs, photocopying, investigators, witness fees, expert witnesses, court reporter expenses, travel expenses outside Orange, Seminole, Osceola, Lake, Brevard, Volusia and Polk counties, and all other expenses the ATTORNEY considers reasonably necessary for the proper defense in this action.
- CLIENT understands they will be subject to all merchant service fees when using a credit or debit card as their payment method. CLIENT authorizes ATTORNEY to periodically charge CLIENT’S credit or debit card for the ATTORNEY’S service fee as outlined in this agreement.
- CLIENT authorizes ATTORNEY to apply any remaining monies held in trust account to any remaining legal fees, trial fee(s) and/or costs arising out of this contract and that remain outstanding and unpaid pursuant to the timelines set forth herein. _____________ INITIALS.
- 6. CLIENT acknowledges that ATTORNEY’S compensation is based upon, among other factors, the time and labor involved, novelty or difficulty of questions presented, results obtained, time limitations imposed by this representation, the reputation, experience and ability of ATTORNEY in performing this type of service.
- 7. TERMINATION/WITHDRAW: The parties agree that the Attorney may withdraw or terminate from any further representation of the Client or terminate said relationship with Client if the Client places the Attorney in a position wherein the Attorney ethically or legally cannot represent the Client. The Attorney may terminate or withdrawal representation, when, in their judgment:
- A.) Client insists on presenting a claim or defense not warranted under existing law and cannot be supported by good faith argument, or modification or reversal of existing law;
- B.) Client makes or insists upon legal or factual arguments or presentations which would undermine the credibility of the representation, or the presentation of the case;
- C.) Client seeks advice to pursue an illegal course of action;
- D.) Client insists that the Attorney pursue a course of conduct that is illegal or prohibited by the Rules of Professional Responsibility of the Florida Bar;
- E.) Client fails substantially to cooperate or assist the Attorney on any matter when requested by the Attorney to do so;
- F.) Client fails to keep his or her financial obligations to the Attorney, as outlined in this agreement; It shall be presumed that the Client has failed to substantially comply with this agreement if he or she has not made satisfactory arrangements or receipt of any bill for services or costs. IN THE EVENT THAT THE CLIENT FAILS TO KEEP HIS OR HER FINANCIAL ARRANGEMENTS AS OUTLINED ABOVE, HE OR SHE AUTHORIZES THE ATTORNEY TO WITHDRAW, WITHOUT PRIOR NOTICE TO THE CLIENT AND CONSENTS TO THIS AGREEMENT BEING PRODUCED IN COURT AS THE NEED MAY ARISE.
- Further, the Client promises to keep the Attorney apprised of his or her current address and telephone number in writing at all times. Any failure by the Client regarding this matter may be grounds for the Attorney to withdraw. The client further agrees to accept all letters sent by the Attorney by U.S. certified mail, return receipt requested. Certified mail returned to the Attorney which has been sent to the Client as his/her last known address and marked unclaimed (or which bears similar language) by the U.S. Postal Service shall be grounds for the Attorney to withdraw without notice to the client and will relieve the Attorney from any further responsibility for the defense of the Client’s case.
- UNDER ANY PORTION OF THIS SUBPARAGRAPH, THE CLIENT SPECIFICALLY AGREES THAT ATTORNEY MAY WITHDRAW WITHOUT PRIOR NOTICE TO CLIENT.
- 8. CLIENT agrees to maintain contact with ATTORNEY and cooperate fully with ATTORNEY in this representation. CLIENT agrees to be forthright and honest in any communications or representations made by the CLIENT to ATTORNEY. CLIENT understands that failure to comply with this provision is grounds for termination at the sole discretion of the ATTORNEY. CLIENT acknowledges that the ATTORNEY has made no promises to the CLIENT as to the outcome of the case except that ATTORNEY has promised to render their best professional skill.
- 9. The CLIENT understands and agrees that unless otherwise directed, the ATTORNEY, after a period of 30 days subsequent to the completion of representation in the above-listed matter, will scan all documents deemed necessary by the attorney and destroy all physical documents from the Client’s case file. These scanned documents will be retained for a period of six (6) years, after which point they will be permanently destroyed. Copies of the scanned documents will be available to the Client for a copy fee to be determined by the Attorney.
- 10. ATTORNEY’S obligations under this AGREEMENT FOR REPRESENTATION terminate when the case is resolved in any of the following ways: the case is dismissed or a nolle prosequi is filed; a plea is entered and sentencing occurs; a contract to participate in a diversion program is entered into; the CLIENT enters into a pretrial program or other prosecution alternatives program; or a trial is held and followed by a sentencing, if necessary. This AGREEMENT FOR REPRESENTATION does not include re-trial; appeals; motions to modify sentences; motions for the return of property; motions to withdraw pleas; motions for early termination of probation; continued representation following the non-completion of a diversion program causing the case to be reset on the court’s docket; or any re-filing of charges under the same or a different case number after the charges have been dismissed or a nolle prosequi has been filed. In the event an appeal is filed, or a re-trial is necessary, or in the event the CLIENT desires representation on immigration matters, forfeiture, post-conviction relief, or related civil matters, a new and separate agreement will be entered in to. Furthermore, this AGREEMENT FOR REPRESENTATION does not include the sealing or expungement of any record or any violations of probation UNLESS specifically stated in Paragraph 1.
- 11. The CLIENT and ATTORNEY agree that if this case was referred by another law firm or attorney, then the ATTORNEY may pay up to a 25% co-counsel, referral and/or consultation fee out of the attorney fee obtained, earned, or awarded pursuant to Rule 4-1.5 of the Florida Rules of Professional conduct. Both the ATTORNEY and the n/a(co-counsel) agree to assume joint legal responsibility for the representation and both agree to be available for consultation. The CLIENT agrees to sign an additional authorization for such. Furthermore, the CLIENT authorizes the referring law firm or attorney to act as co-counsel during any trial, motions, or depositions if so requested by the ATTORNEY; such decision to be made in the sole discretion of the ATTORNEY. The referring law firm or attorney in this matter is n/a. A referral and/or consultation fee may be paid to this law firm or attorney upon its/his/her written acceptance.
- 12. IT IS FURTHER agreed that if the CLIENT defaults in the performance of any obligations, as set forth in this Agreement, the CLIENT, by execution of this Agreement, hereby consents to the immediate withdrawal of the ATTORNEY from this case, and hereby releases the ATTORNEY from further responsibility for representation in this matter. IT IS FURTHER AGREED that in the event of a default in the performance of any obligation of the CLIENT as set forth in this Agreement, the CLIENT EXPRESSLY ACKNOWLEDGES that any fees paid to ATTORNEY, up to the point of the ATTORNEY’S withdrawal from the case, are earned fees and are NON-REFUNDABLE. CLIENT FURTHER AGREES that should he/she fail to pay any of the above-stated attorney’s fees or costs, CLIENT shall pay all costs incurred by ATTORNEY in collecting same, including a reasonable attorney’s fee and costs. Interest shall accrue at the highest rate allowable by law, per annum, on all past due balances. Venue for any and all claims arising out of this contract shall lie solely in the State Court, County or Circuit, of Orange County, Florida.
- FURTHER, IT IS AGREED AND UNDERSTOOD THAT IN THE EVENT ATTORNEY OBTAINS A FINAL JUDGMENT AGAINST CLIENT, AND/OR THIRD PARTY GUARANTOR, CLIENT AND/OR THIRD PARTY GUARANTOR HEREBY WAIVES ANY CLAIM AS “HEAD OF HOUSEHOLD” IN ANY GARNISHMENT PROCEEDING INITIATED BY ATTORNEY, OR ATTORNEY’S REPRESENTATIVE, IN ORDER TO COLLECT ON THE OUTSTANDING FINAL JUDGMENT. IN ADDITION, CLIENT AND/OR THIRD PARTY GUARANTOR, HEREBY AGREES TO EXEMPT ANY MONIES DUE AND OWING FROM THIS AGREEMENT FOR REPRESENTATION FROM DISCHARGE IN ANY BANKRUPTCY PROCEEDING OF CLIENT AND/OR THIRD PARTY GUARANTOR. CLIENT HEREBY EXPRESSLY WAIVES THEIR RIGHT TO TRIAL BY JURY. FURTHER, ANY DAMAGE CLAIM BY CLIENT AGAINST ATTORNEY SHALL BE LIMITED SOLELY TO THE AMOUNT PAID BY CLIENT PURSUANT TO THIS AGREEMENT. CLIENT AGREES AND CONSENTS TO HIS/HER INFORMATION TO BE RELEASED OR DISCLOSED TO ATTORNEY’S REPRESENTATIVE (I.E., COLLECTIONS/DEBT COLLECTING AGENCY) FOR PURPOSES OF DEBT COLLECTION UNDER THIS CONTRACT. CLIENT WAIVES ATTORNEY/CLIENT PRIVILEGE AND AUTHORIZES ATTORNEY TO DISCLOSE ANY INFORMATION REGARDING CLIENT FOR PURPOSES OF DEBT COLLECTION FROM CLIENT.
- PAYMENT OF RETAINER AND ORIGINAL EXPENSE DEPOSIT, AND CLIENT’S SIGNATURE HEREON, SHALL CONSTITUTE ATTORNEY’S AUTHORITY TO PROCEED WITH THIS REPRESENTATION. I HAVE READ AND FULLY UNDERSTAND AND AGREE TO EACH OF THE ABOVE TERMS AND CONDITIONS AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.
- ACKNOWLEDGEMENT:
- IF THE "CLIENT" IS SOMEONE OTHER THAN THE PERSON TO BE REPRESENTED IN FACT THEN THE "CLIENT" ACKNOWLEDGES AND ACCEPTS HIS/HER FINANCIAL OBLIGATION UNDER HEREIN AND FURTHER UNDERSTANDS THAT THE ATTORNEY WILL TAKE ALL LEGAL STEPS NECESSARY TO PROTECT THE INTEREST OF THE PERSON TO BE REPRESENTED IN FACT.
- _____________________________
- SIGNATURE
- PRINT NAME
- THE UMANSKY LAW FIRM, P.A.