HomeMy Public PortalAboutAgmt 12-08-2014FA
PARTIAL CONTINGENT FEE AGREEMENT
The Town of Gulf Stream (hereinafter "I," or "Client") retains and employs the firm of
Richman Greer, P.A. (the "Firm") to represent it regarding issues with Citizens Awareness
Foundation, Inc. and the O'Boyle Law Firm, P.C., Inc., Martin O'Boyle, Christopher O'Hare and
others regarding federal and/or state class action RICO and other claims on the following basis:
As compensation for its services, I agree that the Firm shall be paid and may pay to itself
from the gross proceeds of any recovery, whether by settlement, judgment or appeal, a fee as
follows, or a fee awarded by the court, whichever is greater, including attorneys' fees expended,
if necessary, to obtain attorneys' fees:
Partially contingent basis wherein the Firm will reduce its hourly billing to 50% of its
normal hourly rate (see attached Exhibit A) and, in consideration of that reduction, the
Firm will receive in addition to its 50% hourly billing, 35% of the gross recovery
including any attorneys' fees awarded.
The Firm is dedicated to maintaining a professional relationship regarding payment for
the services provided to Client during this engagement. All bills not paid before the first day of
the second month following rendition will automatically bear interest on all outstanding amounts
at 12% per annum from the first day of the month following rendition until paid. In no event will
the rate be greater than permitted by applicable law. If invoices are not paid within the terms
agreed between the Firm and the Client, the Firm will have the right to immediately withdraw
from further representing the Client. The Client hereby agrees to release the Firm from any
further obligation to proceed or from any liability that may result should the Firm elect to
withdraw as set forth in this paragraph.
In the event that the proceeds of recovery are payable over a period of time, the
contingent portion of the attorneys' fees are payable at the time of settlement and will be figured
as a percentage of the total present value of the settlement. The reduced hourly fees are payable
as billed.
I agree to pay the costs of investigation and other reasonable expenses to prepare and
prosecute this claim and/or suit, and should it be necessary to file suit, I agree to pay all court
costs, and reasonable expenses of litigation. Pre -suit costs and litigation costs include, by way of
example and not limitation, filing fees, deposition costs, fees of experts, travel costs, long
distance telephone calls, telefax charges, express delivery charges, photocopying costs,
investigative costs, computer research costs and similar matters. All costs may be advanced by
my attorneys and shall be deducted from the recovery or settlement unless they have been earlier
paid by me.
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I further understand that in the event that litigation is unsuccessful as to any party, I may
be responsible to such party for taxable court costs and attorneys' fees.
I further understand that as the client I have an absolute right to settle on any basis I deem
appropriate. I further understand, however, that in the event I decide to settle against the advice
of my attorneys who in good faith believe that the matter should continue to be prosecuted, my
attorneys then will be entitled to be paid on the quantum meruit for the work they performed.
I agree that my attorneys have made no promises or guarantees regarding the outcome of
my claim. Further, in the event the law firm determines that my claim should not be prosecuted,
they may notify me of this decision and withdraw as my attorneys for all claims and I shall owe
them no fee for legal services beyond the reduced hourly fees and costs owed to the firm.
I agree that associate counsel may be employed at the discretion and expense of my
attorneys.
It is agreed and understood with respect to attorneys' fees, that this employment is on a
partially contingent fee basis, and if no recovery is made by suit, settlement or otherwise, I will
not be indebted to the law firm for any attorneys' fees other than the reduced hourly fee amounts
incurred on the 50% partially contingent basis except as set forth above wherein settlement
occurs against the advice of my attorneys. If a recovery is made, all attorneys' fees are payable at
the time of closing.
It is understood that a resolution of the aforesaid dispute with the above-named parties
could result in a business solution that may result in a limited financial recovery or no financial
recovery but rather long or short term financial benefits, or a combination of these alternatives.
In such case the Client and the Firm will seek to arrive at a mutually agreeable value of the total
recovery or resolution against which the above percentage will be applied. If the Client and the
Firm are unable to agree on a specific amount, then the issue will be decided by the Florida Bar
Grievance Mediation and Fee Arbitration Program, Chapter 14 of the Rules Regulating the
Florida Bar.
Dated this8th day of Dec. 2014, at Gulf Stream Florida, and receipt
of a copy hereof is acknowledged.
The above agreement is hereby accepted on the terms stated above.
TOWN OF GULF STREAM
SIM
Dated: December 8, 2014
RICHMAN GREER, P.A.
By: Cpm ����HiiA�J
Dated: Sr Z y
3
EXHIBIT A
HOURLY RATE SHEET
PER PARTIAL CONTINGENT FEE AGREEMENT
TOWN OF GULF STREAM — RICHMAN GREER, P.A.
RE: CITIZENS AWARENESS FOUNDATION, INC., ET AL.
Timekeeper Normal Hourly Rate 50% Discounted Hourly Rate
Gerald F. Richman
$750.00
$375.00
Eric M. Sodhi
400.00
200.00
Leora B. Freire
325.00
163.00
Jennifer A. Molle
175.00
88.00
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