POWER OF ATTORNEY, CONTINGENT FEE, AND PAYMENT AGREEMENT

This Power of Attorney and Payment Agreement (hereinafter referred to as “Agreement”) is made between the following, MARSAW LEGAL AND CONSULTING, PLLC (“Attorneys”) and CLIENT (hereinafter referred to as “Client or Clients”) relating to  LEGAL MATTER (hereinafter referred to as “the Matter”). 

In consideration of the mutual promises set forth below, the parties hereto agree as follows:                                                                                

1. 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. 

1. 2. Client agrees to pay and hereby irrevocably convey and transfer to Attorneys the following compensation for their work on the Matter:

$_____________ 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 milled 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:

                                               $250.00/hr – Taren Marsaw, JD.

                                               $75.00/hr  – Legal Assistant, Paralegal Services

Expenses:                               Payable at actual cost.

 Client also agrees Attorneys are conveyed a 35% contingent fee interest in any amounts awarded to or recovered by Client relating to the Matter.

35% of all amounts recovered from any person prior to selection of a jury for trial;

                        40% of all amounts recovered after suit is filed.

                        45% of all amounts after the case is called to trial; and

                        5% of all amounts recovered if an appeal or mandamus is ever pursued.

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.

7. THE HALL LAW GROUP, PLLC may associate other counsel without any increase of the attorney’s fee percentages provided for herein.
8. Client agrees to cooperate with Attorneys to assist in the representation contemplated in this Agreement.
9. 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.
10. 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.
11. 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 Harris County, Texas.  This arbitration provision shall be enforceable in either federal or state court in Harris County, Texas, 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 in Harris County, Texas having jurisdiction.

 AGREED and ACCEPTED to: