In the case before us, the plaintiff seeks to establish her right to legal fees, but in reliance on the agreement between the parties. Nothing, as appears from the letter of claim, the claim is explicitly and clearly for contractual wages and not for proper wages. It should be emphasized that these are different causes of action, each of which has a different way of proving.
The provisions of the agreement and the issue of the plaintiff's right to fees
In order to receive the agreed fees, the plaintiff must prove that the contractual conditions establishing her entitlement to legal fees were met.
The following are the provisions that we are required to have from the agreement:
"Whereas: The client is interested in the Company handling a civil case with the Municipality and the authorities in general regarding the reduction of lease fees from the Municipality, municipal taxation and any issue that will arise during negotiations with the Municipality in connection with this Agreement and related to the property (hereinafter: the "File")
Therefore, it was agreed, stipulated and declared between the parties as follows:
- The client authorizes the company to handle the case with the municipality regarding the reduction of lease payments to the municipality and municipal taxation and any issue that will arise during the negotiations with the municipality.
- The Client undertakes to allow the Company to exhaust its rights in the case with the Municipality, including by taking legal proceedings with the help of a law firm as detailed in Section 5 below, the Company's discretion regarding the handling will be the Company's. The customer will bear all expenses for fees and the like.
- The Client hereby declares that he is aware that the Company may intend to attach his claim and/or demand to the claims and/or demands of additional customers, and he agrees that the very submission of the demand/claim, the date thereof and the manner in which the demand/claim is presented to the relevant parties will be at the Company's discretion.
- Tuition fees per class:
- $1,500 plus 15% (fifteen percent)
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From any reduction and/or receipt and/or credit and/or offset and/or any other benefit/financial benefit that the customer will derive in connection with the case in respect of the additional lease period of the property, all according to their full value on the date they were obtained in a judgment or binding agreement (hereinafter: the "Savings Date"). The payment will be transferred at the end of 7 days from the date of savings, and delay in the payment date will be charged with exceptional interest as will be charged by B.L.L. on that date. The price includes experts as they will be required for the purpose of managing the case.
- If legal treatment is required in the case, the company will recommend an attorney for the required treatment. The attorney's fees will be deducted from the company's fees, provided that the balance of the company's fees will not be reduced by 10% and/or 7.5% (half of what is stated in section 4 above), and subject to the presentation of an invoice attesting to the payment to the lawyer by the client.
If the client chooses another lawyer, the attorney's fees will be deducted from the company's fees, provided that the balance of the company's salary will not be less than 12.5%, and subject to the presentation of an invoice attesting to the payment to the lawyer by the client and with the attorney's consent to work in cooperation with the company and protect its professional secrets."