• ATTORNEYS AND COUNSELORS AT LAW

    10100 NORTH CENTRAL EXPRESSWAY, SUITE 230 DALLAS, TEXAS 75231 TELEPHONE: 214-521-9100

    ELECTRONIC MAIL: WYDELAW@GMAIL.COM 00 WEBSITE: WWW.WYDELAW.COM

    Board Certified, Criminal Trial Law, TBLS

    CONTINGENCY FEE CONTRACT OF REPRESENTATION

    The undersigned(hereinafter "Client") employs and retains WYDE & ASSOCIATES (collectively referred herein as "Attorney(s)" or "Firm") to represent Client as set forth herein (hereinafter the "Agreement"):

  • RETAIN ATTORNEYS FOR REPRESENTATION IN ADDITIONAL MATTERS UNRELATED TO THE MATTER CONTAINED HEREIN, ALL TERMS HEREIN APPLY WITHOUT THE PARTIES EXECUTING A SEPARATE AGREEMENT OR CONTRACT. THE TERMS OF THIS AGREEMENT EXTEND TO ANY AND ALL CLAIMS/MATTERS WHERE ATTORNEYS REPRESENT CLIENT INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES.

    1.SCOPE OF REPRESENTATION: Attorneys agree to investigate, evaluate, settle, and litigate any possible claim or claims (including counterclaims) involving LIANPUA TRADE, INC., and all others acting in concert for wrongful or unlawful conduct regarding monies stolen by Chinese scammers ("Client's Claims" This representation also includes the defense of any potential claims related to the Client's Claims. Client understands and agrees that the scope of representation herein does not include the filing of any claim against any state or federal entity or employee or filing or pursuing any appeal from a final disposition in the trial court. Client understands and agrees that Attorneys will not file suit against entities that are in a foreign jurisdiction or are international companies, whom in Attorneys' opinion cannot be sued in a United States or state court. Client understands and agrees that Attorneys are not obligated to pursue entities that are defunct and/or bankrupt. Client hereby agrees and understands that Attorneys retain the right to withdraw from representation of Client at any time, SO long as said withdrawal would not unduly prejudice Client's right to bring suit or to seek or retain another attorney to represent Client. In such event, Client agrees to timely sign an appropriate Motion for Substitution of Counsel. If after disposition in the trial court Client desires to appeal, a new and separate agreement shall be entered into by the parties as to services and fees for any appeal, or Client shall retain separate counsel to handle any appeal and Attorneys shall retain their interest in the case under this Agreement applicable to any recovery obtained by settlement or otherwise. SHOULD CLIENT

    AUTHORITY OF ATTORNEYS: Client empowers Attorneys to take all steps in this matter deemed by Attorneys to be advisable for the investigation and handling of Client's Claims, including hiring investigators, expert witnesses, and/or other attorneys and filing any legal action necessary. Client authorizes and empowers Attorneys to do any and all things necessary and proper in the enforcement, compromise, settlement, adjustment and collection of Client's Claims, and Client further authorizes and empowers Attorneys to sign any and all pleadings and all releases, checks, drafts, authorizations and other papers necessary and proper in connection with the prosecution or enforcement of Client's Claims and collection or settlement of the damages awarded or to be paid therefore, and to receive such funds or other property in Client's name and for Client on account of any judgment

  • recovered or any settlement agreed upon in connection with Client's Claim. Full power and authority is given by Client to Attorneys to adjust, settle or compromise Client's Claims, but no final settlement shall be made and consummated by Attorneys without first submitting the offer, compromise, or adjustment to Client for approval, and Client agrees not to compromise or settle Client's Claim without the Attorneys' authority, agreement, and consent. Should Client make a settlement in violation of this Agreement, Client agrees to pay Attorneys the full fee agreed upon contained in the paragraph below.

    ATTORNEYS' FEES: This Agreement is a contingency fee contract. Specifically, if Attorneys are successful in recovering money or anything of value for Client, by settlement prior to 90 days before trial, Attorneys shall receive attorneys' fees in the amount of THIRTY PERCENT (30%) of the Gross Recovery. Attorneys shall (1) retain FORTY PERCENT (40%) of the proceeds as their attorneys' fees if the matter is settled or resolved before trial begins and FORTY PERCENT (40%) percent of the proceeds as their attorneys' fees if the matter is settled or resolved after trial begins. Gross Recovery means the gross amount of money or other value or property recovered for Client, before the deduction of expenses. Gross Recovery means the total of any amount received, including ongoing cash flow from awarded or collected or otherwise received by the Client or assigns or agents (whether by ongoing business operations, settlement, mediation, arbitration award, court judgment, or otherwise) before such amount has been reduced by the sum of litigation "Costs" or "Expenses" which are paid by the Client. The Client hereby grants the Firm a lien on this Lawsuit and a lien on any proceeds, ongoing business concerns, recoveries and any judgments recovered in connection with the Lawsuit as security for the payment of the Firm's fees as contracted for herein. By signing this Agreement, the Client acknowledges that the Attorneys desire to be paid in cash. In any case, if payment of all, or any part of the Gross Recovery will be deferred (such as in the case of an annuity, a structured settlement, or periodic payments), the "total amount received," for purposes of calculating the attorneys' Fees, will be the initial payment plus the present value, as of the time of the ongoing cash flow, settlement, final arbitration award, or final judgment, of the payments to be received thereafter. The attorneys' fees shall be paid out of the initial payment. If the initial payment is insufficient to fund the attorneys' fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to Client. By the Client's signature below, the Client acknowledges that the Client has been informed of and understands that the attorneys' fees contemplated by this Agreement are not set by law but rather by the agreement of the Client and the Firm as reflected in this negotiated Agreement. Furthermore, by signing this Agreement, you agree that: (1) this transaction, agreement, and terms on which the Firm has acquired the interest as contemplated herein are fair and reasonable to the Client and are fully disclosed in a manner which can be reasonably understood by the Client; (2) the Client has been given a reasonable opportunity to seek the advice of independent counsel in the transaction and in fact have been advised by the Firm to seek the advice of independent counsel; and (3) the Client consents in writing thereto. You are hereby advised, in writing, of the desirability of seeking the advice of independent legal counsel. In fact, as a prerequisite to signing this Agreement, you agree that the Firm has mandated that you have your own independent counsel review and sign the Agreement. In addition, you acknowledge that you have been given a reasonable opportunity to obtain such advice. The Firm requires we receive the Client's informed consent, in a writing signed by the Client, both to the essential terms of the transaction and to the Firm's role. Trial is considered to have commenced at 5:00 p.m. on the Friday closest to ten (10) days before jury selection begins or evidence is first presented to the trier of fact, whichever is the earlier of these two events. If Attorneys do not recover any money or other value or property for Client, Client will not owe any attorneys' fees or expenses. Client agrees that Attorneys may, in their discretion, employ associate counsel to assist in prosecuting Client's cause of action, and Client does not object to the participation of any lawyers Attorneys may choose to involve in this representation of Client. With the exceptions set forth below, payment of attorneys' fees to associate counsel is the responsibility of Attorneys. In the event that the case is settled by way of a structured settlement, Client approves and authorizes attorneys' fees to be based upon the present value

  • benefit of the settlement and further authorizes Attorneys to take attorneys' fees either in cash or in structured payment, as Attorneys deem appropriate. In some instances, it may be necessary for Attorneys to retain special outside counsel to assist on matters other than prosecuting Client's claims for damages. Examples of such instances include the following: a defendant may seek bankruptcy protection; or a defendant may attempt to fraudulently transfer some of its assets to avoid paying the Client's claim; a defendant may transfer assets out of the country thereby necessitating the retention of foreign counsel, or a complex, multi-party settlement may require an ethics opinion from outside counsel; or special action in probate court may be necessary apart from the usual probate proceedings involved in an estate; or a separate lawsuit may need to be filed against a defendant's insurance company. Client agrees that Attorneys may retain such special outside counsel to represent Client when Attorneys deem such assistance to be reasonably necessary, and that the fees of such counsel will be deducted from Client's share of the recovery. COSTS AND OTHER EXPENSES: Client is responsible to pay for all costs and expenses as incurred. Such costs include filing fees, expert witness fees, court reporter and video fees, copy charges, postage, mailing, travel, witness fees, electronic document conversion fees, delivery fees, internal operating costs and other related charges incurred or paid as an expense on behalf of Client and paid to third-party vendors or incurred internally by Attorneys and charged to Client in connection with Attorneys' representation of Client. 5.DISBURSEMENT OF PROCEEDS TO CLIENT: Client understands that Attorneys make no guarantee or assurance of any kind regarding the likelihood of success of Client's claims. Upon receipt by Attorneys of the proceeds of any settlement or judgment, Attorneys shall (1) retain either THIRTY PERCENT (30%) or FORTY PERCENT (40%) of the Gross Recovery as their attorneys' fees, (2) deduct from Client's share of the proceeds any costs and expenses, including the fees of any special outside counsel that Attorneys may incur on Client's behalf, and (3) disburse the remainder of Client's share of the proceeds to Client. At the time of disbursement of any proceeds, Client will be provided with a disbursement sheet reflecting the attorneys' fees, the expenses deducted out of Client's share, and the remainder of Client's share. 6.POWER OF ATTORNEY: Client gives Attorneys a power of attorney to execute and negotiate all reasonable and necessary documents connected with the handling of this cause of action, including pleadings, contracts, checks or drafts, settlement agreements, compromises and releases, verifications, dismissals and orders, proofs of claim, ballots, verified statements including those pursuant to Bankruptcy Rule 2019, and all other documents that Client could properly execute. Client's claims will not be settled without obtaining Client's consent. COOPERATION; ADDRESS CHANGE; RETURN OF DOCUMENTS: Client agrees to cooperate with Attorneys to permit Client's claims to be investigated and developed; to disclose to Attorneys all facts relevant to the claim; and to be reasonably available to attend any necessary meetings, depositions, preparation sessions, hearings, and trial. Client shall appear on reasonable notice at any and all depositions and Court appearances and shall comply with all reasonable requests of Attorneys in connection with preparation and presentation of Client's claims. The Client acknowledges and agrees that all communications with Attorneys are privileged. The Client acknowledges that Attorneys may represent other individuals on the same or similar matters and therefore may communicate matters of common interest to all of Attorneys' clients. Therefore, Client agrees and understands that other individuals who are clients of Attorneys may also invoke the attorney client privilege as to Attorneys' communications with Client. The Client acknowledges and agrees not to provide attorney work product or attorney client communications to any other person. Client shall promptly notify Attorneys of any change of marital status or death of spouse. Client shall promptly notify Attorneys of any bankruptcy proceedings involving Client or Client's spouse. Client shall promptly notify Attorneys of any other legal proceedings to which Client or Client's spouse is a party.

  • Client agrees to notify Attorneys in writing of each change in Client's mailing address (work or home) or telephone number (work, home, and cell) during the term of this representation within seven (7) days of each such change of address or telephone number. When the case is completed, and subject to any Court orders, Attorneys will provide Client the opportunity to retrieve any documents and/or materials that Client provided to Attorneys or that Attorneys have obtained from other sources in connection with the case. However, if Client has not retrieved those documents and/or materials within ninety (90) days after Attorneys have mailed to Client written notice that the case is completed and that those documents and/or material are available to Client, Attorneys may dispose of those documents and/or materials.

    NO TAX ADVICE: Attorneys have advised Client that the pursuit of resolution of this claim may have various tax consequences. Client understands that Attorneys do not render tax advice and are not being retained to offer such advice to Client or to represent Client before the IRS. Moreover, Client accepts responsibility for making any payment or filings necessitated by the resolution of Client's claim. Client understands that applicable State law may impose sales, service, or other tax on any amount that Client may recover or the fees due Attorneys hereunder. DEATH OF CLIENT: The provisions of this Agreement will not terminate upon the death of Client. In the event of the death of Client, any duly appointed Representative of Client's heirs and/or estate will be bound by this Agreement to the extent allowed by applicable law, including without limitation, the provisions of this Agreement relating to the recovery of attorneys' fees and costs and other expenses. Any such Representative shall, upon request by Attorneys, execute a new Agreement in the capacity as Representative for the heirs and/or estate of the Client. 10. OFFER OF SETTLEMENT: Client understands that applicable law may, under certain circumstances, allow a Defendant to make an offer of settlement to Client and if Client rejects or does not accept such an offer, such may result in any award, verdict or judgment in Client's favor being reduced as provided by such law. Client understands that Client has the final authority to accept or reject any offer of settlement. Client understands that if Client rejects or does not accept such an offer, and Client's recovery is subsequently reduced, the fees owed to Attorneys will be calculated on the amount of any award, verdict or judgment before reduction, and the reduction shall be out of Client's share of any recovery. SECURITY INTEREST: Client hereby assigns, transfers, and conveys over to Attorneys an amount equal to either THIRTY PERCENT (30%) of the proceeds if the matter is settled or resolved within 90 days before trial begins or FORTY PERCENT (40%) of the proceeds if the matter is resolved after trial begins, of any property, money or other value recovered by settlement, compromise, verdict or judgment of the claims described in this contract. Client does hereby give and grant to Attorneys an express security interest, in addition to any statutory lien, upon Client's claims and any and all judgments recovered, and any and all funds or property realized or paid by compromise or settlement, as security for the compensation and costs and expenses advanced or due to be paid or reimbursed to Attorneys hereunder. This security interest is to continue in the event Attorneys are discharged without good cause. If the claims are not assignable at law, Client expressly assigns to Attorneys, to the extent of attorneys' fees and disbursements, any sum realized by way of a settlement or any judgment obtained thereon. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

    TERMINATION OF REPRESENTATION: Client understands that Clientcan

    terminate Attorneys' representation of Client at any time by providing written notice to Attorneys.

  • Should Client elect to terminate Attorneys' representation prior to the full conclusion of Attorneys' representation, Client understands and agrees that Attorneys have a claim for expenses of litigation and unpaid attorneys' fees, which will become due upon receipt by Client or any successor attorney of Client or any proceeds for any remaining portion of Client's claim. Client understands that the obligation for unpaid attorneys' fees will be calculated based on the percentage of work completed on the case or claims at the time Client terminates Attorneys. NO GUARANTEE OF RECOVERY: Client understands that no guarantee or assurances of any kind have been made regarding the likelihood of success of Client's claim, but that Attorneys will use their skill and diligence, as well as their experience, to diligently pursue Client's action. THE CLIENT UNDERSTANDS THAT THE FIRM CANNOT MAKE REPRESENTATIONS

    REGARDING THE PROBABILITY OF ULTIMATE OUTCOME OF ANY MATTER OR LITIGATION INCLUDING ARBITRATION. SIMILARLY, THE CLIENT UNDERSTANDS THAT THE FIRM CANNOT GUARANTEE ANY PARTICULAR RESULT IN ANY MATTER OR LITIGATION. THE CLIENT ACKNOWLEDGES THAT THE FIRM HAS MADE NO REPRESENTATIONS OR GUARANTEES REGARDING THE ULTIMATE SUCCESSFUL OUTCOME OF MATTERS UNDERTAKEN BY THE FIRM FOR THE CLIENT OR THE COSTS ASSOCIATED THEREWITH. THE CLIENT ACKNOWLEDGES THAT ANY COST ESTIMATE PREVIOUSLY PREPARED AND PRESENTED BY THE FIRM TO THE CLIENT HAS NOT BEEN RELIED ON BY THE CLIENT IN FORMING AN EXPECTATION OR OPINION OF THE ULTIMATE COST (ATTORNEYS FEES OR LITIGATION COSTS) ASSOCIATED WITH THE MATTER THAT WILL BE REQUIRED TO BE EXPENDED BY CLIENT. ALL EXPRESSIONS ABOUT THE ULTIMATE OUTCOME OR COSTS ASSOCIATED THEREWITH ARE ONLY OPINIONS BASED ON INFORMATION AVAILABLE TO THE FIRM FROM TIME TO TIME. A TRIAL IS AN UNPREDICTABLE EVENT, THE OUTCOME OF WHICH IS BASED UPON FACTS THAT THE FIRM DOES NOT KNOW AT THIS TIME AND UPON LAW THAT MAY CHANGE. THERE CAN BE NO ASSURANCES. THE FIRM MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE PARTICULAR RESULT FROM THE FIRM'S SERVICES, THE RESPONSE AND TIMELINESS OF ACTION BY THE COURT OR ANY ARBITRATION PANEL OR ANY PARTY INVOLVED IN THE CASE, OR THE ULTIMATE OUTCOME OF THE CASE. THE CLIENT MAY WIN OR LOSE AT TRIAL, AND ANY TRIAL DECISION COULD BE UPHELD, REVERSED, OR MODIFIED ON APPEAL. THE FIRM, HOWEVER, AGREES TO EXERT, IN GOOD FAITH, THEIR BEST REASONABLE, ETHICAL, AND PROFESSIONAL EFFORTS ON THE CLIENT'S BEHALF.

    15.MISCELLANEOUS: In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings, or written or oral agreements between the parties regarding the subject matter contained herein.

    16.STATUTE OF LIMITATIONS: Client understands that an issue may exist as to whether the applicable statute of limitations has expired. This issue is raised in many lawsuits even if the Client's claims are not beyond the Statute of Limitations. Client understands that Attorneys must perform an evaluation of Client's claim prior to filing Client's lawsuit, and that this evaluation will first require Client to provide Attorneys with all relevant documents and other information requested. It is possible that the statute of limitations has already expired or may expire during the interim between the date of Client's signature below and the filing of Client's lawsuit. Client agrees to accept this risk.

  • 17.REFERRAL OR ASSOCIATION OF ADDITIONAL COUNSEL: Client agrees that Attorneys may refer this matter to another lawyer or associate additional lawyers to assist in representing Client and prosecuting the Client's cause of action. Prior to the referral or association becoming effective, Client shall consent in writing to the terms of the arrangement after being advised of (1) the identity of the lawyer or law firm involved, (2) whether the fees will be divided based on the proportion of services rendered or by lawyers agreeing to assume joint responsibility for the representation, and (3) the share of the fee that each lawyer or law firm will receive or, if the division is based on the proportion of services performed, the basis on which the division will be made. The referral or association of additional attorneys will not increase the total fee owed by the Client. NOTICE TO CLIENTS: To the extent that Attorneys are required to appear in Court in other States, Attorneys will seek permission of the appropriate Court to appear pro hac vice. If pro hac vice admission is granted, Attorneys will be subject to the disciplinary rules of that particular jurisdiction. Attorneys are also subject to the disciplinary jurisdiction of the State Bar of Texas. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. For more information call (800) 932-1900. ARBITRATION: It is Attorneys' goal to maintain at all times a constructive and positive relationship with Client on the matter described above and on future matters in which Attorneys may perform services for Client. However, should a dispute arise between Attorneys and Client, a prompt and fair resolution is in the interests of all concerned. To this end, if any controversy or claim arises out of is related to this Agreement, any services provided by Attorneys to Client in connection with Client's Claims, or any other matter that may arise between Client and Attorneys (including malpractice claims and fee disputes), Attorneys and Client both waive any right to bring a court action or have a jury trial and agree that the dispute shall be submitted to binding arbitration to be conducted in Dallas, Texas in accordance with the Commercial Arbitration Rules of the AAA with one arbitrator who must be an attorney licensed to practice law in the State of Texas. THE CLIENT AND THE FIRM HEREBY STIPULATE AND

    AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CONTROVERSIES ARISING BETWEEN CLIENT AND FIRM, INCLUDING BUT NOT LIMITED TO THOSE WHICH RELATE TO OR TOUCH ON ANY WAY THIS AGREEMENT WILL BE SUBMITTED TO

    BINDING ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE

    ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES AGREE AND STIPULATE THAT JAY ZELESKY ("ARBITRATOR") SHALL BE THE ARBITRATOR; AND FURTHER, THAT THE PARTIES WAIVE ANY CONFLICT OF INTEREST ARISING FROM THE FACT THAT THE ARBITRATOR HAS ACTED AS

    ATTORNEY FOR ONE OR MORE OF THE CLIENT OR THE FIRM. ANY ARBITRATION SHALL TAKE PLACE IN DALLAS COUNTY, TEXAS. THE CLIENT AND FIRM WAIVE THEIR RIGHT TO DISCOVERY. COURTROOM RULES OF EVIDENCE ARE NOT STRICTLY APPLICABLE; THERE IS NO MOTION PRACTICE OR FORMAL DISCOVERY; AND THERE IS NO REQUIREMENT FOR TRANSCRIPTS OF THE PROCEEDINGS OR FOR WRITTEN OPINIONS OF THE ARBITRATOR. EITHER PARTY MAY APPLY TO THE ARBITRATOR SEEKING INJUNCTIVE RELIEF UNTIL THE ARBITRATION AWARD IS RENDERED OR THE CONTROVERSY IS OTHERWISE RESOLVED. NO PARTY MAY SEEK FROM ANY COURT HAVING JURISDICTION ANY INTERIM OR PROVISIONAL RELIEF PENDING THE COMMENCEMENT OF THE ARBITRATION WITH THE ARBITRATOR. THE AWARD SHALL BE MADE WITHIN 36 MONTHS OF THE FILING OF THE NOTICE OF INTENTION TO ARBITRATE (DEMAND), AND THE ARBITRATOR SHALL AGREE TO COMPLY WITH THIS SCHEDULE BEFORE ACCEPTING APPOINTMENT. HOWEVER, THIS TIME LIMIT MAY BE EXTENDED BY AGREEMENT OF THE PARTIES OR BY THE ARBITRATOR IF NECESSARY. THE ARBITRATOR SHALL NOT AWARD DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING

  • Client agrees to notify Attorneys in writing of each change in Client's mailing address (work or home) or telephone number (work, home, and cell) during the term of this representation within seven (7) days of each such change of address or telephone number. When the case is completed, and subject to any Court orders, Attorneys will provide Client the opportunity to retrieve any documents and/or materials that Client provided to Attorneys or that Attorneys have obtained from other sources in connection with the case. However, if Client has not retrieved those documents and/or materials within ninety (90) days after Attorneys have mailed to Client written notice that the case is completed and that those documents and/or material are available to Client, Attorneys may dispose of those documents and/or materials.

    NO TAX ADVICE: Attorneys have advised Client that the pursuit of resolution of this claim may have various tax consequences. Client understands that Attorneys do not render tax advice and are not being retained to offer such advice to Client or to represent Client before the IRS. Moreover, Client accepts responsibility for making any payment or filings necessitated by the resolution of Client's claim. Client understands that applicable State law may impose sales, service, or other tax on any amount that Client may recover or the fees due Attorneys hereunder. DEATH OF CLIENT: The provisions of this Agreement will not terminate upon the death of Client. In the event of the death of Client, any duly appointed Representative of Client's heirs and/or estate will be bound by this Agreement to the extent allowed by applicable law, including without limitation, the provisions of this Agreement relating to the recovery of attorneys' fees and costs and other expenses. Any such Representative shall, upon request by Attorneys, execute a new Agreement in the capacity as Representative for the heirs and/or estate of the Client. 10. OFFER OF SETTLEMENT: Client understands that applicable law may, under certain circumstances, allow a Defendant to make an offer of settlement to Client and if Client rejects or does not accept such an offer, such may result in any award, verdict or judgment in Client's favor being reduced as provided by such law. Client understands that Client has the final authority to accept or reject any offer of settlement. Client understands that if Client rejects or does not accept such an offer, and Client's recovery is subsequently reduced, the fees owed to Attorneys will be calculated on the amount of any award, verdict or judgment before reduction, and the reduction shall be out of Client's share of any recovery. SECURITY INTEREST: Client hereby assigns, transfers, and conveys over to Attorneys an amount equal to either THIRTY PERCENT (30%) of the proceeds if the matter is settled or resolved within 90 days before trial begins or FORTY PERCENT (40%) of the proceeds if the matter is resolved after trial begins, of any property, money or other value recovered by settlement, compromise, verdict or judgment of the claims described in this contract. Client does hereby give and grant to Attorneys an express security interest, in addition to any statutory lien, upon Client's claims and any and all judgments recovered, and any and all funds or property realized or paid by compromise or settlement, as security for the compensation and costs and expenses advanced or due to be paid or reimbursed to Attorneys hereunder. This security interest is to continue in the event Attorneys are discharged without good cause. If the claims are not assignable at law, Client expressly assigns to Attorneys, to the extent of attorneys' fees and disbursements, any sum realized by way of a settlement or any judgment obtained thereon. BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

    TERMINATION OF REPRESENTATION: Client understands that Clientcan

    terminate Attorneys' representation of Client at any time by providing written notice to Attorneys.

  • Should Client elect to terminate Attorneys' representation prior to the full conclusion of Attorneys' representation, Client understands and agrees that Attorneys have a claim for expenses of litigation and unpaid attorneys' fees, which will become due upon receipt by Client or any successor attorney of Client or any proceeds for any remaining portion of Client's claim. Client understands that the obligation for unpaid attorneys' fees will be calculated based on the percentage of work completed on the case or claims at the time Client terminates Attorneys. NO GUARANTEE OF RECOVERY: Client understands that no guarantee or assurances of any kind have been made regarding the likelihood of success of Client's claim, but that Attorneys will use their skill and diligence, as well as their experience, to diligently pursue Client's action. THE CLIENT UNDERSTANDS THAT THE FIRM CANNOT MAKE REPRESENTATIONS

    REGARDING THE PROBABILITY OF ULTIMATE OUTCOME OF ANY MATTER OR LITIGATION INCLUDING ARBITRATION. SIMILARLY, THE CLIENT UNDERSTANDS THAT THE FIRM CANNOT GUARANTEE ANY PARTICULAR RESULT IN ANY MATTER OR LITIGATION. THE CLIENT ACKNOWLEDGES THAT THE FIRM HAS MADE NO REPRESENTATIONS OR GUARANTEES REGARDING THE ULTIMATE SUCCESSFUL OUTCOME OF MATTERS UNDERTAKEN BY THE FIRM FOR THE CLIENT OR THE COSTS ASSOCIATED THEREWITH. THE CLIENT ACKNOWLEDGES THAT ANY COST ESTIMATE PREVIOUSLY PREPARED AND PRESENTED BY THE FIRM TO THE CLIENT HAS NOT BEEN RELIED ON BY THE CLIENT IN FORMING AN EXPECTATION OR OPINION OF THE ULTIMATE COST (ATTORNEYS FEES OR LITIGATION COSTS) ASSOCIATED WITH THE MATTER THAT WILL BE REQUIRED TO BE EXPENDED BY CLIENT. ALL EXPRESSIONS ABOUT THE ULTIMATE OUTCOME OR COSTS ASSOCIATED THEREWITH ARE ONLY OPINIONS BASED ON INFORMATION AVAILABLE TO THE FIRM FROM TIME TO TIME. A TRIAL IS AN UNPREDICTABLE EVENT, THE OUTCOME OF WHICH IS BASED UPON FACTS THAT THE FIRM DOES NOT KNOW AT THIS TIME AND UPON LAW THAT MAY CHANGE. THERE CAN BE NO ASSURANCES. THE FIRM MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES AS TO THE PARTICULAR RESULT FROM THE FIRM'S SERVICES, THE RESPONSE AND TIMELINESS OF ACTION BY THE COURT OR ANY ARBITRATION PANEL OR ANY PARTY INVOLVED IN THE CASE, OR THE ULTIMATE OUTCOME OF THE CASE. THE CLIENT MAY WIN OR LOSE AT TRIAL, AND ANY TRIAL DECISION COULD BE UPHELD, REVERSED, OR MODIFIED ON APPEAL. THE FIRM, HOWEVER, AGREES TO EXERT, IN GOOD FAITH, THEIR BEST REASONABLE, ETHICAL, AND PROFESSIONAL EFFORTS ON THE CLIENT'S BEHALF.

    15.MISCELLANEOUS: In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings, or written or oral agreements between the parties regarding the subject matter contained herein.

    16.STATUTE OF LIMITATIONS: Client understands that an issue may exist as to whether the applicable statute of limitations has expired. This issue is raised in many lawsuits even if the Client's claims are not beyond the Statute of Limitations. Client understands that Attorneys must perform an evaluation of Client's claim prior to filing Client's lawsuit, and that this evaluation will first require Client to provide Attorneys with all relevant documents and other information requested. It is possible that the statute of limitations has already expired or may expire during the interim between the date of Client's signature below and the filing of Client's lawsuit. Client agrees to accept this risk.

  • 17.REFERRAL OR ASSOCIATION OF ADDITIONAL COUNSEL: Client agrees that Attorneys may refer this matter to another lawyer or associate additional lawyers to assist in representing Client and prosecuting the Client's cause of action. Prior to the referral or association becoming effective, Client shall consent in writing to the terms of the arrangement after being advised of (1) the identity of the lawyer or law firm involved, (2) whether the fees will be divided based on the proportion of services rendered or by lawyers agreeing to assume joint responsibility for the representation, and (3) the share of the fee that each lawyer or law firm will receive or, if the division is based on the proportion of services performed, the basis on which the division will be made. The referral or association of additional attorneys will not increase the total fee owed by the Client. NOTICE TO CLIENTS: To the extent that Attorneys are required to appear in Court in other States, Attorneys will seek permission of the appropriate Court to appear pro hac vice. If pro hac vice admission is granted, Attorneys will be subject to the disciplinary rules of that particular jurisdiction. Attorneys are also subject to the disciplinary jurisdiction of the State Bar of Texas. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. For more information call (800) 932-1900. ARBITRATION: It is Attorneys' goal to maintain at all times a constructive and positive relationship with Client on the matter described above and on future matters in which Attorneys may perform services for Client. However, should a dispute arise between Attorneys and Client, a prompt and fair resolution is in the interests of all concerned. To this end, if any controversy or claim arises out of is related to this Agreement, any services provided by Attorneys to Client in connection with Client's Claims, or any other matter that may arise between Client and Attorneys (including malpractice claims and fee disputes), Attorneys and Client both waive any right to bring a court action or have a jury trial and agree that the dispute shall be submitted to binding arbitration to be conducted in Dallas, Texas in accordance with the Commercial Arbitration Rules of the AAA with one arbitrator who must be an attorney licensed to practice law in the State of Texas. THE CLIENT AND THE FIRM HEREBY STIPULATE AND

    AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CONTROVERSIES ARISING BETWEEN CLIENT AND FIRM, INCLUDING BUT NOT LIMITED TO THOSE WHICH RELATE TO OR TOUCH ON ANY WAY THIS AGREEMENT WILL BE SUBMITTED TO

    BINDING ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE

    ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES AGREE AND STIPULATE THAT JAY ZELESKY ("ARBITRATOR") SHALL BE THE ARBITRATOR; AND FURTHER, THAT THE PARTIES WAIVE ANY CONFLICT OF INTEREST ARISING FROM THE FACT THAT THE ARBITRATOR HAS ACTED AS

    ATTORNEY FOR ONE OR MORE OF THE CLIENT OR THE FIRM. ANY ARBITRATION SHALL TAKE PLACE IN DALLAS COUNTY, TEXAS. THE CLIENT AND FIRM WAIVE THEIR RIGHT TO DISCOVERY. COURTROOM RULES OF EVIDENCE ARE NOT STRICTLY APPLICABLE; THERE IS NO MOTION PRACTICE OR FORMAL DISCOVERY; AND THERE IS NO REQUIREMENT FOR TRANSCRIPTS OF THE PROCEEDINGS OR FOR WRITTEN OPINIONS OF THE ARBITRATOR. EITHER PARTY MAY APPLY TO THE ARBITRATOR SEEKING INJUNCTIVE RELIEF UNTIL THE ARBITRATION AWARD IS RENDERED OR THE CONTROVERSY IS OTHERWISE RESOLVED. NO PARTY MAY SEEK FROM ANY COURT HAVING JURISDICTION ANY INTERIM OR PROVISIONAL RELIEF PENDING THE COMMENCEMENT OF THE ARBITRATION WITH THE ARBITRATOR. THE AWARD SHALL BE MADE WITHIN 36 MONTHS OF THE FILING OF THE NOTICE OF INTENTION TO ARBITRATE (DEMAND), AND THE ARBITRATOR SHALL AGREE TO COMPLY WITH THIS SCHEDULE BEFORE ACCEPTING APPOINTMENT. HOWEVER, THIS TIME LIMIT MAY BE EXTENDED BY AGREEMENT OF THE PARTIES OR BY THE ARBITRATOR IF NECESSARY. THE ARBITRATOR SHALL NOT AWARD DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING

  • LOST PROFITS) ARISING OUT OF OR IN ANY WAY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. FURTHER, TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), THEN THE COMPANY'S LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH JURISDICTION IS EXCLUDED OR LIMITED TO THE FULLEST

    EXTENT PERMITTED BY LAW. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 180 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties SO desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. In the event this clause, or any part of it, is ever held to be unenforceable, it shall not affect the enforceability of the remainder of this Agreement.

    CLIENT HAS READ AND UNDERSTANDS THIS CONTRACT AND AGREES AS STATED ABOVE AS OF THE DATE NOTED BELOW.

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