We cannot accept or agree to make every case on a contingency basis every emergency offered to us. Client agrees that Lawyer cannot promise or guarantee a particular result. 0000000671 00000 n
GOVERNING LAW. However, it does not invalidate the underlying fee agreement or preclude the attorney from otherwise recovering the agreed-upon contractual fee. Upon the Client receiving an Invoice from the Service Provider. (See, Denton v. Smith (1951) 101 CA2d 841, 844); (b) The fee agreement may provide that any court-awarded fees will be included in the total recovery for purposes of calculating the attorneys percentage fee. The only cost will be if the attorney wins the case and funds are received. 0000046176 00000 n
Should the Attorney be entitled to a percentage of funds that were awarded or recovered as a result of an appeal (regardless of the which party filed this appeal) or a percentage of any garnishments resulting from judgment, then document the contingency percentage on the blank space corresponding to the third statement. It strains reality to think that when a lawyer sits down to negotiate at arms-length with a prospective client, as part of that negotiation, he must recommend to that the client in writing that he consult with a different lawyer before agreeing to such a charging lien. CONTINGENT FEE AGREEMENT - BASIC (Sample - Modify) I, [Client], retain [Attorney], Attorney at Law, to represent me for recovery of damages arising . Learn more about FindLaws newsletters, including our terms of use and privacy policy. 12. ^ yu.Sd/^X}4/qOA%nm+.l%Njz1Q23axIw3,5Xy~'_}
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zlE4S!^D:0):b!+Q ATLANTA, GEORGIA 30000-0000 . Legally defining the hybrid arrangement is not so easy but it is possible. Authority to Represent and Contingency Fee Agreement Client Engagement Letter Conflict Waiver Joint Representation of Multiple Clients Contract for Legal Services - Sample 1 Contract for Legal Services - Sample 2 Fee Agreement Fee Contract Clause - Consent to Arbitration * Follow up Representation Letter to Initial Interview 0000007385 00000 n
%%EOF
4. Of great importance is that an attorneys lien against a clients future recovery to secure hourly legal fees is considered a charging lien. Fee agreements by which the attorney obtains an ownership, possessory, security or other pecuniary interest adverse to the client must comply with California Rules of Professional Conduct, rule 3-300. If the courts rule that the subject warrants a retrial or that one must be conducted by an appellate court and the Attorney will gain a contingency payment from any sum paid to the Client as a result, then fill in the percentage defining this expected payment on the fourth blank space of this section. Barry P. Goldberg is the principal of Barry P. Goldberg, A Professional Law Corporation, located in Woodland Hills. On the one hand, not all cases present the same risk or offer the same reward to the client and the lawyer. More contingency fee lawyers are being asked to prosecute business litigation cases. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. Client agrees not to do any act that impairs the value of the case. _*UU
In Arnall, supra, the court found that the term contingency fee contract is ordinarily understood to encompass any arrangement that ties the attorneys fee to successful performance, including those which incorporate a non-contingent fee based upon the rate of payment. hb```b``b`
| @ The Services shall commence on [DATE], 20[YEAR], and end: (check one). For example, if the Defendant is an insurance company the attorney knows that the payout will be significantly higher than if the Defendant is your neighbor who is unemployed. Section 6147 provides, in pertinent part: (a) an attorney who contracts to represent a client on a contingency fee basis shall, at the time the contract is entered into, provide a duplicate copy of the contract, signed by both the attorney and the client, or the clients guardian or representative, to the plaintiff, or to the clients guardian or representative. %%EOF
The percentage recovery will be calculated [BEFORE/AFTER] outstanding medical bills, expenses and costs of suit are deducted. %PDF-1.6
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If the requirements are not followed, the fee agreement is void. $[#] for the completion of the Services. The selected attorney will most likely request to meet and discuss the next course of action. Most attorneys will offer free consultation on the first (1st) meeting to discuss your case and decide whether or not it makes for them to take it on. 0000002378 00000 n
At Kirkland, Client agrees not to settle the case without Lawyer's participation and consent. E}E2RqHKKEg>eS06EO*r6WdlWK'_!,[^*A36=n'hkTET^(+J59zrxH)"~n}W6\[qt4iFG!4Zw*Siij?69y-OkMB}MJ e-X=wu^ZPtL\(d$EUj\'ygE1y:U} Z\Jox]:p]^)q>tn:'[Rz"v9sr!. Once you are ready to develop and execute paperwork framed around the terms of an agreed-upon attorneys contingency payment(s), select the Adobe PDF, MS Word (.docx), or OpenDocument text links above this statement. Retainer to indicate the status of this option. hbbd``b`$AZ YEM $2 H '89F~?|0 q
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A hybrid is a contingency fee agreement with all its requirements It weighs on the reality of thinking that if a lawyer sits down to negotiate with a potential client remotely, he must recommend in writing to the client to consult another lawyer before accepting such a privilege. Name This is usually between $200 and $500 and is generally considered a deposit relative to the total cost incurred by the court during the proceedings. This, of course, is with the understanding that he or she must represent the Client successfully to obtain payment. 13. 0nK:P CF1Ath2$r>5[B\~@i70= p[b4|={Fk(1]zh@Wv YV
N UK[j[B;XCYUu^yrp#xX3e }`^*k>2:-lC=yJ3b~X^s2]k[l%/yJ-`Y9QuE9|,{JKzX*lVca"6Xf+tLR5|7+UY59;( Copyright 2023, Thomson Reuters. All these cashless solutions create problems for the prosecutor to actually be paid. The second article designated as II. Sample: Retainer Agreement. tATUT. All of these non-cash resolutions create problems for the prosecuting attorney to actually get paid. HVMO@W1^{U! STATE AND FEDERAL LICENSES. Contingency Fee. Several statements with the wording necessary to apply such a percentage payment have been supplied for your use. Legal Matter, will seek a reasonably adequate description of the case the Attorney handle. agreement (hereinafter "the Agreement") was the subject of the underlying action. The second and last signature area can only be satisfied with by the Attorney or a representative of the Law Firm entering this agreement. Client agrees to keep medical billings up to date. 0000003081 00000 n
is for information only andmustnot be relied on in any way. After reviewing the offers and each strategy it is time to choose the attorney that is right for the case. 0000000016 00000 n
If a dispute arises between us and you regarding our fees, the parties agree to resolve that dispute through the State Bar's Fee Dispute Arbitration Program. trailer
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| Last updated November 30, 2018. Required to pay a Retainer in the amount of $[#] to the Service Provider as an advance on future Services to be provided (Retainer). Step 3 Set A Specific Date To Apply To This Paperwork, It will be important to attach a specific Date for this agreement. This Agreement shall be governed under the laws in the State of [STATE]. The attorney will most likely require a percentage (%) of the total amount received by the other party. . 0000009292 00000 n
Responsible for all expenses. 1. As long as the hybrid arrangement does not constitute a double fee, it should be permissible. Therefore, the Ethics Committee of the State Bar Association has given the green light to hybrid fee agreements, provided that the total amount of fees is reasonable and complies with all applicable judicial regulations. In practice, such a confirmation can be inserted in the contract, as well as a place where the client can communicate that he has read and understood his right to consult another lawyer while accepting the privilege. *AOYUM4oaE
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If Client decides to terminate the case after Lawyer has provided substantial legal services, Client must pay Lawyer a sum equal to the probable fee, to be determined by a panel of the American Arbitration Association. 7. No. 0000205298 00000 n
Contingency Fee Agreement - For legal work that is paid only if a judgment is received by the client. 8_rv
d _ 13. EXPENSES. 0,2j
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It contains the @Jb 15. In order for the hybrid relationship to work for the attorney, the attorney must be able to protect himself against the client eliminating the benefit of the upside contingency for his own business reasons. Client agrees to pay costs of investigation, out-of-pocket costs and expenses [ON A MONTHLY BASIS]/[AS THEY ARE BILLED]/[BY REMITTING $_________ PER MONTH]/[OTHER ARRANGEMENT]. The agreement should state that the attorney will be retroactively paid his customary hourly rate should the client pull the plug on the case. Furnish the name of this Client on the blank line presented in the first article (labeled I. In practical terms, such an acknowledgement can be inserted into the agreement along with a place for the client to initial that he read and understood his right to consult with another lawyer and, nonetheless, has agreed to the charging lien. Some cases are not as complex as others, and sometimes the client`s particular circumstances may affect the amount of a contingency commission. While signing a retainer and contingency agreement can be a bit nerve-wracking, an experienced personal injury lawyer can help you get on the right track with your case. A charging lien in this circumstance is considered an adverse interest requiring compliance with that rule. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. (Hall v. Orloff (1920) 49 Cal.App 745.) Step 9 The Attorney And Contingency Client Must Combine Signatures, This paperwork can only hold the entities we have identified earlier obligated to its terms if both provide a valid signature after reading and approving the articles it contains. He has written and lectured extensively about UM/UIM Arbitrations and is a member of CAALA and the San Fernando Valley Bar Association. I, ____________________, acknowledge that I have read this agreement fully, understand its terms., and agree to them. At the end of the proceedings, the court may submit a bill to one or more parties for things such as the costs of serving the complaint, keeping or digitizing the file, for court reporters who can attend hearings or trials and prepare transcripts, and for jurors when the case is heard before a jury. 0000001856 00000 n
(1974) 11 Cal.3d 558, 563; see, also, Tarver v. State Bar of Cal. We owe it to our clients and ourselves to analyze very carefully each potential case of contingency fees before agreeing to proceed on this basis. All rights reserved. The Court concluded that the statutory requirements on contingency fee contracts in Business and Professions Code 6147 apply to hybrid agreements. 8c!&uTC#yg
\|a >)!Pip g:h29}pq+kqOTyL.0u)$n[IsJFgy>]%w*. A recurring payment used for an ongoing relationship between the client and the consultant. This Retainer Agreement ("Agreement") is . 0000001947 00000 n
2. Created byFindLaw's team of legal writers and editors If and when full or partial recovery on account of the Clients Case is made, the Firm may issue further accounts (the Further Accounts) claiming further payment in addition to the Minimum Fees, except that the total fees shall be subject to the following limits: The total fees charged shall not exceed the fees calculated considering the time spent on the Clients Case and using the Maximum Hourly Rate for Lawyers (the Maximum Fees). 1999-1 (opining that as long as the client enters into the fee agreement in an arm's length transaction and agrees to the fee with informed consent, such arrangements %AgXR(5Op2mcCoay~GBtv
xV-'s~hI|=+W1w/}Vc18O0x|Mies\R$\G3UmAjLV[#j
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]VRhNgAqp;S/4uMms|V^@g$%F^ ;wmG0"f]]u>6c:wA=+^w\` There SHALL NOT be a contingency-fee arrangement as part of this Agreement. 2022 Electronic Forms LLC. If there is no one that comes to mind, checking online resources is the next best solution to find the ratings and reviews of qualified attorneys. Step 8 Address The Topic Of Termination. Los Angeles, California 90067 (323) 403-5900. If you win the case, the lawyers fee comes out of the money awarded to you. }Z[v7,\%8sp]CTBL2 H5 pE/>uPc
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A retainer acts as a non-refundable deposit for future service from an attorney, accountant, or other professional. oFvoH;eL1 v#Go+fK")M60[m@L{sMU= G5;J);q MG
Sample Contingency Fee and Retainer Agreement Forms <]>>
Our SFAs have included pure contingent fee and partial contingent fee litigation matters, xed fees in litigated and non-litigated matters, "hold backs" or any combination of risk/reward structures negotiated on a case-by-case basis with the client. 0000000791 00000 n
14. Firms, Sample Retainer and Contingency Agreement for an Injury Case. Limiting the maximum compensation to the lesser of the two will to the benefit of the plaintiff, but depending on the risks involved may not be acceptable to the lawyer. In such a case, the client is not obligated to pay by the hour or other fees. This agreement represents the full agreement between Client and Lawyer. The Service Provider shall be solely responsible for the benefits, unemployment compensation and workers compensation provided to their employees. Types of AFAs include contingent fee agreements, hybrid fee agreements, flat or fixed fees agreements, do-not-exceed agreements, reverse contingent fee agreements, success fees, and numerous variations on the above. Mr. Goldberg is an experienced trial attorney and has extensive insurance coverage experience. There are two types of retainer agreements: A one-time payment used as an advance payment for future services. The attorney will have to judge the hours needed on the case, the chance of winning, and the total amount that can be feasibly collected before agreeing to work with the client. There is a recent case where the court determined, as a matter of first impression, that a hybrid fee agreement was a "contingency fee agreement" subject to all the statutory requirements. Search, Browse Law @q% e =2&*+`=`)\g7$K94ydTD`d 0000008662 00000 n
Use the following online resources: After narrowing the attorney selection down to a few qualified persons its now time to meet and discuss your case. [#]% commission based on [#]. The parties will negotiate the hourly rate, contingency, retainer amount, and terms of termination. 5. 0000002574 00000 n
THE PARTIES. For reprint permission, contact the publisher: www.plaintiffmagazine.com, California Jury VerdictsVerdict searchReport your recent verdict, Copyright2023 by Neubauer & Associates, Inc., All Rights Reserved, Hybrid fee agreements for business litigation, Attorney's Fees (see also Contingency Fees). 11. Lawyer will bear the cost of the arbitration. In certain matters, we have taken part of our fee in equity or stock. Client agrees that Lawyer cannot promise or guarantee a particular result. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. an hourly rate, flat rate, or contingency fee. 22. Moreover, in the business context, it is not uncommon for litigation to be used as a negotiating tool for the next transaction; i.e. 0
The Service Provider is: (check one). xbbd`b``3= *
To this effect, find the two lines attached to the word Date. The calendar month, day then the two-digit year should be produced on these formatted lines, Step 4 Introduce The Contingency Client. endstream
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7. 2023 by the author. A hybrid is a contingency fee agreement with all its requirements. Further, if, at the time the case is settled or a judgment is paid Client owes Lawyer for any expenses or other items, Lawyer may deduct that sum from the amount to be paid to Client. In such circumstances, we may represent the client on a traditional hourly fee basis, a hybrid basis of contingency fees and hourly fees or with other AFAs. With a hybrid, the clients resources can be extended. The language in the fifth article will safeguard the Attorneys interest should the Client, for whatever reason, terminate or no longer require the services of the Attorney. It is common in a retainer agreement for a clause to read: No work may begin until the retainer has been paid in-full by the client. 0
?qnEAB-FSyL^V5JL:
Ud. With a few exceptions, negotiating a fee agreement is a transaction on market terms. (See Ramirez v. Strurdevant (1994) 21 Cal.App.4th 904, 913, citing Seltzer v. Robinson (1962) 57 Cal.2d 213, 217.) 0000003842 00000 n
0000002977 00000 n
The Service Provider represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement. But that`s exactly what he has to do according to the 3-300 rule. . The following wording may be appropriate for a hybrid fee agreement in which the lawyers rate when paid under an hourly rate fee agreement is $300 / hour: It is not certain at the time of signing this agreement what amount if any will be recovered on account of the Clients Case, or how much legal work will be required to achieve full or partial recovery. Not required to pay for any expense in connection with the Services provided. LAW OFFICES OF JOHN P. LAWYER . If the claim is filed in court, the court will charge a filing fee to the plaintiff or plaintiffs who file the claim. SERVICES. Therefore, we do not accept contingency fee cases when we believe the matter will be so difficult that it will affect our ability to represent other clients or put too much strain on our resources, or if the potential return on investment of time and money does not justify the risk. Nevertheless, the committee said: We believe that the lower risk to the lawyer will be offset by the lower premium in the event of a successful closing, as defined in the mandate agreement. If the lawyer does not meet any of the requirements of section 6147, he or she will make the agreement voidable at the choice of the plaintiff, and the lawyer will have the right to charge a reasonable fee thereafter. ( 6147 b) A percentage of contingency fees is typically 25% to 40% of the amount recovered for a client, but may be higher or lower depending on the case. This rule generally sets forth the following requirements for fee splitting agreements between lawyers who are not in the same firm: (1) the client must be informed that the lawyers will be splitting the fee; (2) the client must consent to the arrangement; (3) the total fee must be reasonable; and (4) the division of fees must be in proportion to If the prospects of recovery are good, the lawyer may be willing to agree to a relatively low base hourly rate, but if the prospects of recovery are poor, or uncertain, the lawyer may require a base rate close to his or her normal hourly rate. 6. 6. endstream
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By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. Lawyer agrees to exercise his/her best efforts and professional ability, and will consult with Client on an ongoing basis regarding major decisions relating to this matter, including trial or settlement. sample forms & letters basic hourly letter (form ce01) 6 hourly, potential conflict of interest letter (form ce02) 9 hourly rate fee letter (form ce03) 11 hourly rate letter (form ce04) 15 contingent fee letter (form ce06) 17 limited scope representation letter (form ce07) 20 contingent fee, short form (form ce08) 25 contingent fee, long form . Sample Contingency Fee and Retainer Agreement Forms . This is a sum released to the Attorney in advance and will be deducted from the final (contingency) payment. Either party may initiate fee arbitration by contacting the State Bar's Client Protection Coordinator at 702-382-2200 or by going to the Fee Dispute webpage at www.nvbar.org. In California, retainer agreements in personal-injury or wrongful-death matters must comply with Business and Professions Code section 6147. A 'hybrid' fee arrangement involves both (1) a fee based on a fixed rate of payment and (2) a fee based on a stated percentage of a favorable outcome. A hybrid is a contingency fee agreement with all its requirements, There is a recent case where the court determined, as a matter of first impression, that a hybrid fee agreement was a contingency fee agreement subject to all the statutory requirements. 2022 Electronic Forms LLC. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case. 16. This type of agreement usually covers important issues such as lawyer fees in addition to the terms of the attorney-client relationship. Service Providers Signature _________________________ Date _______________, Clients Signature _________________________ Date _______________, For the comprehensive document, please download the free form or hit create document.. The agreement will detail compensation, hours, contingencies, and any other terms for the services provided. The fee agreement can designate at least three alternative arrangements for handling court-awarded fees: (a) The fee agreement may provide that the percentage of the contingent fee will be reduced by the amount of any court awarded fee. endstream
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I received a copy of the agreement when I signed it. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that partys right to subsequently enforce and compel strict compliance with every provision of this Agreement. 11. If no retainer is required, then mark the checkbox labeled Shall Not Pay A Retainer. The total fees charged at any point in time shall not exceed 30% of the amount recovered on the Clients Case to that point in time. Thus, if a retainer fee will be paid as per this agreement, you must mark the first checkbox in this section (III. EMPLOYEES COMPENSATION. = pQaw/g'r
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~%z1S~^^:#FyX&Mj/,ZQalsi+OSF[*+|vX Client). You and your lawyer should agree on what you will pay and which services will be provided. For example, an experienced trial attorney may command $400 per hour. This agreement represents the full agreement between Client and Lawyer. The client and service provider will meet and discuss the full scope of the service. Upon request by the Client, the Service Provider may have to show receipt(s) or proof(s) of purchase for said expense. Retainer), then proceed through the corresponding statement to document the dollar amount of the retainer on the blank line attached to the dollar sign. Under this Agreement, the Client shall not be responsible for: a.) Subject to some exceptions, the negotiation of a fee agreement is an arms-length transaction. (See Ramirez v. Strurdevant (1994) 21 Cal.App.4th 904, 913, citing Seltzer v. Robinson (1962) 57 Cal.2d 213, 217.) %PDF-1.3
%
A contingency fee is mostly used when hiring an attorney to represent a client in a civil case. 0000008057 00000 n
H\U PG^ x#C^H(x&AdDc5xx$xT) Y3htjhE)}|O~H? HVQo0~#Lc'ZR6 "a2Q(4p%WV
Bww"yn,Z*+T8v4Z;#w0DH dT[#mDgFlSRL7[#u=;sGBj>'pCX zIX?Etj|.NA%drdU'Z:o*zH(' ]$r-NLmw`yGT`0275g+ XO0!4T.:VP0!`3 z*")Pe{p` InI&d`(X0XAvcQX6I567LVh,[6\qd8.^(C0fXuAX What to Expect Regarding Fees and Billing. $'$CFE"=*0"hhLUP)y;vwq,T\vqt?PezOD Qd(ygH*;'D v;dT8 All rights reserved. Service Provider agrees to provide the following Services: [SERVICES]. That section requires a written agreement in all cases where it is reasonably foreseeable that the total fee will exceed $1,000. CONFIDENTIALITY. ENTIRE AGREEMENT. However, this structure transfers much of the risk of the lawsuit to the law firm, which could end up spending hundreds of thousands or even millions of dollars of legal time on a case. Business aspects of lawyer-client fee agreements, Hybrid fee agreements between lawyers and plaintiffs, Bonus billing by lawyer must be expressly agreed to by client, Conclusion and summary of benefits of hybrid fee agreements between lawyer and client . Meeting with a lawyer can help you understand your options and how to best protect your rights. Hb```f``2A@l(T0K@{WZ`6Dp~c``8@! There are additional requirements for . Step 2 Identify The Attorney Or Law Firm Accepting This Agreement. Therefore, it is recommended that the fee agreement set forth specifically the attorneys regular customary hourly rate for cases of like complexity and that such rate is being reduced in favor of a contingency. Therefore, the client may unilaterally decide to settle or dismiss the suit regardless of how the attorney feels about it and irrespective of whether it would destroy a valuable contingent fee. Contact a qualified personal injury attorney to make sure your rights are protected. Each of us wants the other to achieve a positive and meaningful result. We can also work with other law firms to spread the risk and reward. The best way to find an attorney is to speak with colleagues, friends, and family and ask who is the best lawyer for your needs. This will give a point of reference and solidify the agreements timeline. (Arnall v. Superior Court (2010) 190 Cal.App.4th 360, 369.) Reimbursed for ONLY the following expenses: [EXPENSES]. For more difficult and risky cases, our percentage of contingency fees can reach 45% of the recovery. The attorney, instead of being paid by the hour, will receive a portion of the total amount of funds collected from the other party after a settlement or judgment. Sometimes some lawyers are willing to change the terms of an agreement, including the type, price, and/or amount in which fees are paid. 0000001349 00000 n
Depending on the nature of the case, the amount of the dispute, and the terms of an arbitration agreement, these arbitration bodies will charge one or both parties a filing fee to initiate the arbitration. 1. A Retainer and contingency agreement is a type of contract between an attorney and their potential client for an upcoming lawsuit. South Dakota Office. Download: Adobe PDF, MS Word (.docx), OpenDocument, Step 1 Acquire Your Copy Of The Contingency Agreement Through This Site. Only the service provider and the client are legally required to sign the document. endstream
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The Retainer is: (check one). A contingency fee is an amount of money that is only paid if certain parameters are met. CLIENT: [NAME] with a street address of [ADDRESS], City of [CITY], State of [STATE] (Client). That rule requires fair and reasonable terms, full disclosure in writing, written advice to consult independent counsel (and a reasonable opportunity for the client to do so), and the clients written consent.
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Funeral Notices Caboolture, One Hazard Associated With Driving Downhill Is:, Kevin Durant Wingspan In Inches, Puerto Vallarta Kidnapping 2020, Articles S