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Legal Services Contract


 

 

 

TATE GROSSMAN KELLY & IACCARINO, LLP
3 Surrey Lane
Hempstead, NY 11550

Telephone: 631.352.0146

WHEREAS, the undersigned (“Client”) agrees to retain Tate Grossman Kelly & Iaccarino, LLP (“Law Firm”) (collectively, “Parties”) as Client’s attorneys in the prosecution of any legal claim against manufactures and distributors of opioids arising out of the manufacturers’ and distributors’ fraudulent, negligent and otherwise wrongful conduct.

  1. FEE PERCENTAGE: As consideration for legal services rendered and to be rendered by the Attorneys in carrying out the purpose hereof, Client agrees to pay Law Firm 25% (twenty-five percent) of all gross amounts recovered, plus expenses outlined in sections #2 (“Disbursements”) and #3 (“Financing of Case”) below. Client assigns, and the Law Firm accepts and acquires as its fee, a proportionate interest in the subject matter of any claim, action, or suit instituted or asserted under the provisions of this agreement. The Client shall pay no expenses or fees in case of loss.
  1. DISBURSEMENTS: The Law Firm shall be reimbursed all reasonable expenses associated with the legal services being rendered including, but not limited to, legal research, fax, postage, copying, travel, litigation, and expert expenses. Costs shall also include, but not be limited to, any “MDL Assessment” imposed by any Multi-District Litigation (“MDL”) Court or withheld from any settlement or favorable judgment by any defendant. In addition to the above listed individual costs, there will be common benefit costs. Common benefit costs are costs expended for the common benefit of a group of clients. For example, if a deposition of a defendant expert witness is taken in one case, and this deposition can be used for and/or benefits the claims of many other clients, these costs will be classified as common benefit costs. By using this common benefit cost system, no one client has to solely bear the costs which actually benefit the group as a whole, and many of the most substantial costs of litigation can be shared equally by all. Client grants a special privilege to the Law Firm for their professional fees, expenses, costs, interest, and loans, on all monies and properties recovered or obtained for Client. Client’s repayment of costs and expenses is contingent on the outcome from any funds received on the claim in question. However, Client will not be responsible for any expenses or costs which exceed Client’s proportionate recovery.
  1. FINANCING OF CASE: If the firm accesses loans from any lending institution to finance the cost of the client’s case, the amounts advanced by this firm to pay the cost of prosecuting or defending a claim or action or otherwise protecting or promoting the client’s interest will be at the bank rate of prime + 2%, or an amount the Court permits. In no event will the interest be greater than the amount paid by the firm to the lending institution.
  1. APPEALS: The above contingency fee does not contemplate any appeal. The Law Firm is under no duty to perfect or prosecute any such appeal until a satisfactory fee arrangement is made between the Parties and is reduced to writing regarding costs and attorneys’ fees.
  1. NO GUARANTEE OF FINAL OUTCOME: No attorney can accurately predict the outcome of any legal matter. Accordingly, the Law Firm makes no express or implied representations as to the final outcome of the matter(s) contemplated by this Agreement.
  1. APPROVAL NECESSARY FOR SETTLEMENT: Client hereby grants the Law Firm power of attorney so that the Law Firm may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to conclude the representation including settlement and/or reducing to possession any and all monies or other things of value due to Client under its claim as fully as the Client could do so. The Law Firm is also authorized and empowered to act as Client’s sole negotiator in any and all negotiations concerning the subject of this Agreement. To be clear, all decisions regarding final resolution of the litigation, including settlement, are within the sole power of the Client. The firm will not settle any matter without explicit consent of the client.
  1. ASSOCIATION OF OTHER ATTORNEYS: The Law Firm may, at its own expense, use or associate with other law firms in the representation of the Client. If the Law Firm should engage other attorneys to act as co-counsel, this will be done at the expense of the Law Firm. This expense is not considered part of the reimbursable expenses outlined herein under “Disbursements” in item #2. Client understands that the Law Firm is a Limited Liability Partnership with a number of attorneys. Several of those attorneys may work on Client’s case.
  1. ASSOCIATE COUNSEL: Another attorney may participate in the division of fees in this case and assume joint responsibility for the representation of Client, either in the event that the Law Firm retains associate counsel or in the event that Client later chooses new counsel, provided that the total fee to Client does not decrease as a result of the division of fees and that the attorneys involved have agreed to the division of fees and assumption of joint responsibility.
  1. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representative, successors and assigns.
  1. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained.
  1. PRIOR AGREEMENTS SUPERSEDED: This Agreement constitutes the sole and only agreement of the Parties hereto and supersedes all prior understandings or written or oral agreement between the Parties respecting the within subject matter, if any.
  1. TERMINATION OF REPRESENTATION: The Client may terminate the Law Firm’s representation of it at any time by providing written notice to the Law Firm at the above address.
  1. DISPUTE: In the event of a dispute between the Client and the Law Firm, it will be resolved at National Arbitration in Garden City, New York and New York law will govern. Each party to pay its own costs and expenses.

Client certifies and acknowledges that Client has had the opportunity to read this Agreement. Client further affirms that Client has voluntarily entered into this Agreement, that Client has been advised that Client may seek legal counsel to review this Agreement before signing, and that Client is fully aware of the terms and conditions contained in this Agreement.

 

SIGNED AND ACCEPTED ON THIS  day of , 2020.

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Signature Certificate
Document name: Legal Services Contract
Unique Document ID: 197b207f117c97c7ddc52b3e2d155528e55f2e2b
Timestamp Audit
September 10, 2019 9:20 pm EDTLegal Services Contract Uploaded by David Grossman - contracts@tgkilaw.com IP 74.72.109.196