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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. e' 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 9