This Power of Attorney and Payment Agreement (hereinafter referred to as “Agreement”) is made between the following, Taren Marsaw, Representative of Marsaw Legal & Consulting PLLC (“Attorney”) and , representative of (hereinafter referred to as “Client”) relating to all legal claims concerning against and/or its authorized representatives, officers, and employees (hereinafter referred to as “the Matter”).
In consideration of the mutual promises set forth below, the parties hereto agree as follows:
1. Attorneys are engaged to represent the legal interests of Clients only in relation to the Matter. Attorneys are not expected to represent Clients in any other matters not expressly provided for in this Agreement.
2. The Client agrees to pay Attorneys the following compensation for their services:
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Upfront retainer for Attorneys to be engaged by Client(s) to handle the Matter. Attorneys will bill against the retainer at the hourly rates indicated below. Client shall be billed monthly and pay the fees at the hourly rates indicated below as they are incurred on a monthly basis. Additionally, reasonable expenses incurred by Attorneys relating to the representation shall also be billed as reimbursable costs. |
Attorneys’ Hourly Rates:
$/hr – Lead Attorney;
$/hr – Associate attorney(s); and
$/hr – Legal Assistant / Paralegal services
Additional Expenses Shall be Paid by Client:
Client agrees to pay all case expenses including but not limited to court fees, filing fees, post office/mailing fees, and administrative costs. Such expenses shall be reimbursed or paid at actual cost.
This representation does not include appellate services. If an appeal or mandamus is pursued relating to the Matter by any person, Clients agree to negotiate separately with appellate counsel to handle such matters.
Attorney’s fees will be calculated on the gross settlement amount or gross value and/or recovery to Client without reduction for expenses paid and/or incurred. Reasonable interest charges on advanced funds will also be reimbursed out of Client’s net recovery as a case expense, if applicable. If a court awards separate attorney’s fees to attorneys such additional fee amount will not be included in the gross amount used to calculate the contingent fee amounts payable to Attorneys.
3. Attorneys may associate other counsel without any increase of the attorney’s fee percentages provided for herein.
4. Client agrees to cooperate with Attorneys to assist in the representation contemplated in this Agreement.
5. Attorneys are not tax attorneys and will provide no tax opinions to Client. Client must obtain separate tax advice from a qualified tax consultant or attorney if they desire such advice.
6. It is expressly understood and agreed that the representation covered by this Agreement shall be undertaken in conformity with Rule 1.08(e), Texas Rules of Professional Conduct. None of the attorneys has solicited Client’s business.
7. Arbitration: Any and all disputes, controversies, claims or demands arising out of or relating to (1) this Agreement; (2) any provision hereof; (3) the providing of services by Attorneys to Clients; or (4) the relationship between Attorneys and Clients, whether in contract, tort, or otherwise, at law, or in equity, for damages or any other relief shall be resolved by non-binding arbitration pursuant to the Federal Arbitration Act in accordance with the Commercial Arbitration Rules then in effect with the American Arbitration Association. Clients shall not file a suit or class action against Attorneys to seek to assert any claim or damages against Attorneys by or through such suit or class action, either as the named plaintiff or as a member of the class, but rather shall submit his/her claims or demand to non-binding arbitration pursuant to the provision of this Paragraph 7. Any such arbitration proceeding SHALL be conducted in . This arbitration provision shall be enforceable in either federal or state court in that venue, pursuant to the substantive federal laws established by the Federal Arbitration Act. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered by any federal or state court having jurisdiction.
