Preview
Ceo nd HAH FF WN
yyy N a — Poe
BRRERREBBKBRBESWARREEBERTS
Lee L. Kaster (SBN: 208743)
LAW OFFICES OF LEE L. KASTER, P.C.
1806 Bonanza Street i jor Court
Walnut Creek, CA 94596 Bh Francisco County Super
Tel: (925) 280-6701 6 2021
Fax: (925) 280-6078 APR162 x
OUR
Attorney for Administrator and Petitioner CLERK OF THE C|
KAREN L. FISHER, CLPF #675 BY Deputy clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In the Matter of the Estate of Husam Case No. PES-20-303794
Mousa Qana,
ORDER GRANTING AMENDED PETITION
Deceased. FOR AUTHORIZATION TO RETAIN
LITIGATION COUNSEL AND FOR
APPROVAL OF PROPOSED ATTORNEY-
CLIENT CONTINGENCY FEE AGREEMENT
Date: March 30, 2021
Time: 9:00 a.m.
Dept.: 204
Judge: The Hon. Joseph M. Quinn
The Amended Petition for Authorization to Retain Litigation Counsel and for Approval of
Proposed Attorney-Client Contingency Fee Agreement (the “Amended Petition”) of Karen L.
Fisher, CLPF #675, as Administrator of the Estate of Husam Mousa Qana, was regularly heard on
March 30, 2021 at 9:00 a.m. in Department 204. Notice of the hearing has been waived by all
interested persons.
The Court finds that approval of the proposed attomey-client contingency fee agreement
attached as Exhibit A hereto is just, reasonable, to the advantage of the estate and in the best
interests of the persons interested in the estate. Accordingly,
IT IS ORDERED that:
1, The Administrator is authorized to retain Shawn Tillis, Esq. and Winer, Burritt &
Scott, LLP to represent the estate in San Francisco | Superior Court Case No. CGC-18-569120; and
ORDER GRANTING AMENDED PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL
AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENTCo Oem YN DH KH FF BN
boN YY YY NN Roe Fe SF eB ew an
BR8RREBRRBRSSEWRBEBHRTS
2. The proposed attorney-client contingency fee agreement attached as Exhibit A to
this Order is hereby approved.
Dated: Anak Lé , 2021
ORDER GRANTING AMENDED PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL
AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
-2-EXHIBIT AWINER, BURRITT & SCOTT, LLP
Lake Merritt Plaza.
1999 Harrison Street, Suite 600
Oakland, California 94612
T: (510) 433-1000
F:; (510) 433-1001
1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with
each party receiving an executed original, is, made:between WINER, BURRITT & SCOTT,
LLP, and Shawn Tillis of The Tillis Law Firm,:as associated counsel, hereinafter referred
to:as "Attorney," and Karen Fisher, in her capacity as Administrator of the Estate.of
Husam Qana, heréinafter réferied to as: "Client."
This Agreement is required by Business and’Professions Code section.6147 and is
intended ‘to fulfill the requirements of that Section.
2. LEGAL SERVICES ‘TO BE PROVIDED: The legal services, to, be provided by
Attorney to Client-are‘as follows: Representation of Karen Fisher, in her legal capacity
as Administrator of the Estate.of Husam Qana (“Decedent”), with respect to Decedent’s
present lawsuit against the San'Francisco Housing Authority and Edwin Jamora (CGC-
18-569120 — Sati Francisco County Superior Court). In-said capacity, in addition to the
obligations under this retainer agreement, Ms: Fisher does hereby agree to assume any
and all obligations under Decedent’s prior retainer agreement—which is.attached hereto.
as Attachment A and incorporated by. reference into this agreement—inclading, but ‘not
limited to, any and all attorney's fees and ¢osts that Decedent incurred prior to his death.
Current costs are attached hereto as Attachment B.
3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal setvices that ate not to
be provided by Attorney under this Agreement specifically include, but are not limited to,
the following: Representation with respect to:
A. any dispute with a medical care:provider about.amounts owed by Client
for services teceived; or
B. any appeal in which Client is an appellant or respondent from a court
judgment on.Client's claim.
Cc. any declaratory relief action brought by defendant's insurance company to
avoid paying for a defense of the defendant or to avoid paying plaintiff's claim.
Any bad faith or coverage action against defendant's insurance company.If Client wishes that Attorney-provide any legal services not to. be provided under this
Agteenient, a separate, written agreement between.Attorney and Client will be required.
4, RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perform the
legal services called for urider this Agreement, keep Client informed of important
progress and developments tespond to Client's inquiries and communications: Client
will be truthful and coope: ith Attorney. and keep Attorney reasonably informed of
developments and of Clierit's address, telephone number and whereabouts. Attorney
Specifically states that any failure on the part of client to be truthful;. cooperative, or to.
keep Attorney continually updated with new contact information may, at the discretion of
Attorney, result. in the withdrawal of the Attorney.
5: ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the
légal services to-be provided under.this Agréement will be.a lien of:
A 40% of the gross recovery.
"Gross recovery" means the total amount of money received (whether by settlenient,
arbitration award, mediation award, status conference, court judgment or couit order)
without reduction for "costs" as defiried in patagraph,7 of this Agreement: This includes
a-statutory attorney fee award. If fees‘are awarded by the court, the Attorney shall have
the option of accepting the fee award in lieu of the 40% fee stated above.
Further, in computing the contingency fee, in the event a benefit or benefits other than
money is a part of the recovery, you and Attorneys shall make.a good faith-effort to
determine the monetary value of such benefit, and that value will be added to the “gross
recovery.” The contingency. fee shall be payable to the Attorneys:in full upon the first
monies paid in recovery.
Client is informed that attorney’s fees and costs are on occasion awarded as monetary
Satictions by the Court or Arbitrator pursuant to, various sections of the various California
Codes. Client-agrees that, in the event Attorney obtains such an award of attorney’s.fees
and/or costs against any of the defendants and/or‘their attorneys, such fees and/or costs
will be considered extraordinary fees earned by Attorney and will belong entirely to
Attorney.
Client also understands that the Court or Arbitrator may also make such an award against
Client. If so, payment of such an award is Client’s responsibility. If Attorney elects to
advance this amount for Client, Client understands that he or she will be-responsible for
reinibursing said amount to Attorney out of any settlement, verdict, or award.
If this-case is one in which a statute provides for attorney’s fees, Client understands
and/or agrees that Attorneys can, at their election, choose either the amount awarded as
attorney’s fees or, in the alternative, they can combine that with any settlement orjudgment and take the percentage set out-above from this-new total, i.e. the
settlement/judgment phis any award.of costs‘and/or attorney’s fees. Attorneys must
choose either to take'the attorney’ 's fees and ‘costs as payment or to include-them in the
total recovery from, which they may. take their contingency fee as set forth above. They
cannot take both the attorney’s.fees awarded by the court or by settlement agreement atid
a.contingency fée from the settlement or judgment. This includes an award for sanctions:
Tf payment of all or any part of the amount to be received will be deferred (such as in the
casé:of an annuity, a structured settlement or periodic payments), the "total amount,
received," for'purposes of calculating the attorney's fees, will be the initial lump sum:
‘payment plus the present value, as of the time of the settlement, final arbitration award,
mediation award or final judgment, of the payments to be received thereafter. The
attérney's fees will be paid duit of the initial lump sui paynient. If the payment is
instifficient to pay the attorney's fees in full, the balance will be paid from subsequent
payments of the recovery before any distribution to Client.
Client is informed that this attorney's fée is not sét by law but rather is negotiable
between the Attorney and the Client.
If there is-no recovery, Attorney will-receive.nio attorney's fees.
6, DIVISION OF ATTORNEY'S FEES; Attomey will divide the attorney's fees
received for the legal services rendered under this Agreement with Shawn Tillis of The
Tillis Law Firm (“Shawn Tillis”).
The terms of the division are.as follows: Attorney will pay to Shawn Tillis 33% of all.
attorney's fees received. Client-is.informed tliat, under the Rules of Professional Conduct
.of the State Bar of California, stich a division may be inade only with the Client's written
consent after a full disclosure to the Client in writing that a division of fees will be made
and of the terms-of such division. Client hereby expressly consents to the division.
7. COSTS: Attorney will advance-all "costs" in connection with Attorney's
representation of Client under this Agreement, Attorney will be reimbursed out of the
recovery after fees: to Attorney are deducted. If there isno recovery, or if the recovery is
insufficient to reimburse Attorney in full for costs advanced, Attorney. will bear the loss.
Costs include, but are not limited to: court filing fees, deposition costs, deposition
summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal
assistants and contract attorneys as necessary to assist Attorney in litigation, investigation
costs, long distance telephone charges, messenger service fees, photocopying expenses,
necessary travel expenses and process server fees. Items that are not to be consideréd
‘costs, and that must be paid by Client without being either advariced or contributed.to by
Attorney include, but are not limited to: Client's medical expenses and other parties’
costs, ifany, that Client is ultimately required to pay. Client assumes the responsibility
of payment of court costs awarded to defendant.Attorney may borrow funds to pay: the costs.as incurred, and it is understood that both the
prineipal amourits bortowed and the interest paid thereon for the costs.will be deducted
from any recovery to the’client, upon completion of the case.
8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the
Rules of Professional Conduct of the State Bar of California require Client's informed
written consent before Attorney may begin or continue to. represent Client when the
Attormey has or ‘hada relationship. with another party interested in the subject matter of
the Attorney's proposed representation of the Client. Attorney is not aware of'any
‘rélationship with any other party interested in the subject matter of Attorney's sérvices.for
Client under this Agréement.. As long-as.Attornéy's-services ‘for Client continue under
‘this Agreement, Attorney will not‘agreé to provide legal services for any such party
‘without Client's prior written consent.
9. SETTLEMENT: Attorney ‘will not settle Client's claim without the approval of
Cliésit, who will have the absolute right to accept or réject‘any settlement. Attorney will
notify Client promptly of the terms of any settlement offer received by Attortiey.
10. ATTORNEY'S LIEN: A lien‘dcts as security for payment due to Attorney. by.
Client. This lien could delay payments to Client until any-disputes over the amount'to be
paid to Attorney are resolved. Client hereby grants Attorney-a lien for any sums die and
owing to Attorney for fees and costs at the conclusion of Attorney’s services.
The lien will attach to any recovery Client may obtain, whether by arbitration award,
judgment, settlement or otherwise, in-this matter. Client may seek the advice of any
independent lawyer. of the client’s choice about this lien and this matter. By initialing
this provision and signing this agreement Client acknowledges that s/he, has been so
‘advised and given a reasonable opportunity to seek that advice.
Explained, read and approved:
(Client’s initials)
i1. DISCHARGE OF ATTORNEY: Client may discharge Attorney at any time by
written notice effective when received by Attorney. Unless.specifically agreed by
Attorney and Client, Attorney will provide no further services and advance no further
costs on Client's behalf after receipt of the notice. If Attorney is Client's attorney of
record in any proceeding, Client will execute and return a Substitution of Attorney form
immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be
obligated to pay Attorney out of the recovery a reasonable attorney's fee for all servicesprovided and to:reimburse Attorney. out of the recovery for all costs advanced. If there is
no.fecovery, or the recovery is insufficient to reimburse Attorney in full for costs
‘advancéd, Attorney will bear the loss.
12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at atiy time as
permitted’ under the Rules:of Professional.Conduct of the State Bar of California. The
circumstances under which the Rules permit such withdrawal include, but are not: limited
to, the following:
A. the,Client consents; or
B. the Client's condiict renders‘it ufireasonably difficult for the: Attomey to
carty out the eniployment effectively. Notwithstanding Attorney's
withdrawal, Client will be obligated to pay- Attorney out of the recovery. a
reasonable attorney's fee for all services provided, and to reimburse.
Attorney out of the recovery: for all costs advaiiced, béefore:the withdrawal.
If there is no-récovery, or the recovery is insufficient to reimburse
Attorney in full for costs advanced, Attorney will bear the loss,
13. BANKRUPTCY OF DEFENDANT: Attorney may, withdraw upon receiving:
notice of the barikruptcy of any defendant. Client understands and acknowledges that
Attorney will not proceed with any action on Client’s behalf where theré is no or very
little potential for recovery.
14, RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of
services under this Agieenient, Attorney will release proniptly to Client, on request, all of
Client's papers and property. "Client's papers and property" include correspondence,
deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and
other items reasonably necessary to:Client's representation, whether Client has paid for
them or not.
15. DISCLAIMER OF GUARANTY: Although Attorney may offer.an opinion about
possible results regarding the subject matter of this Agreement, Attorney cannot
guarantee any particular result. Client acknowledges that Attorney las made no promises
about the outcome and that any opinion offered by Attorney in the future will not
constitute a guaranty.
16. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client
acknowledges that Attorney has indicated its belief that the proceeds from a settlement-or
judgment are generally taxable, but has recommended Client seek advice from a tax
expert regarding any tax implications related to the settlement of Client’s case, and thatAttorney has declined to provide-any such advice to Client. Client hereby agrees to
indemnify and hold Attorney harmless against any and all claims which may be.asserted
by a taxing authority. against Client for taxes; interest or penalties resulting from the. _
settlement of Client’s case. Client also acknowledges and agrées that Attorney Shall have.
no obligation to.defend Client in.the.event of any claim against Client related to this case
brought by an tax enforcement authority.
17. TIRE AGREEMENT: This.Agréement contains the entire-Agréemient of the
parties. No other agreement, statement or promise made on or before the effective date
of this Agreement will be biriding:on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of
this Agreement is held in whole‘or in part to be unenforceable for any reason, the
remainder of that provision and of the-entire Agreement will be severable ‘and remain in
effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be
modified by stibsequent agreeménit of the parties only by an instrument.in writing signed
by both of them or an oral agreenient to.the.¢xtent that the parties carry it out.
20. ARBITRATION OF FEE-DISPUTE: Any dispute between Client and Attorney or
any claim between Client and Attomey, relating in‘any manner to Attomey’s
representation of Client or services rendered to Client or on Glient’s behalf, which cannot
be resolved between Client and Attorney, shall be referred to binding arbitration. If
Client agrees.to this provision of this Retainer Agreement, Client will thereby waive any
right Client may have to a trial by jury or to a judge as well as any rights to an appeal and
formal discovery rights that parties to a lawsuit filed in court normally have, regarding
any such dispute. Attorney urges Client to seek the advice of an indépendent attorney-of
Client’s choosing on this provision of this Retainer Agreeinent. In the unlikely event that
either party institutes any such proceeding, the prevailing party shall be entitled to
recover reasonable attorney’s fees and costs in connection with the proceeding. Attorney
does not-expect that any such dispute:will arise, but Attorney sets it forth as Attorney’s
standard procedure.. Attorney looks forward to a wholly amicable relationship.
21. ATTORNEY'S FEES AND COSTS IN. ACTION ON. AGREEMENT: The
prevailing party in any action or proceeding to enforce any provision of this Agreement
will be awarded reasonable attorney's fees and ¢osts incurred in that a¢tion or proceeding
or in efforts to negotiate the matter.22.. ATTORNEYS! INSURANCE: Attorney maintains.errors and omissions insurance
coverage applicable to the services to be rendered.
23. EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement
‘will be the date when, having been executed ’by Client, one copy of the Agreement.is
teceived by Attorney.
The foregoing is agréed to by:
DATED:
CLIENT: _
WINER, BURRITT & SCOTT, LLP. THE TILLIS LAW FIRM
DATED: DATED:
By: By:.
(Attomey) (Attorney)
I further agree to. proniptly advise Attorney of any change in my contact information or if
I will be traveling or-otherwise unavailable for.a period of more-than two weeks.
DATED:
CLIENT:
ELECTION TO PAY COSTS
I elect to pay the costs.in this case in the following manner:
(PLEASE CHECK ONE OF THE FOLLOWING)
[J Pay the amount immediately.
{] Pay the interest only each month as billed.
[Xx] Pay nothing now but pay. both-principal and interest upon the completion
of my case or as soon as wi8h.
DATED:
CLIENT:ATTACHMENT AWINER, McKENNA & BURRITT, LLP
Lake Metritt Plaza
1999 Harrison Street, Suite 600
Oakland, California 94612
T: (510).433-1000
F: (510) 433-1001
LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE.
1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with
each party receiving an executed original, is'made between WINER, MCKENNA &
r, LLP, hercinafter referred:to.as "Attomey," and
PS eh PJao ot OH , hereinafter referred to as "Client.",
This:Agreement is requited by Business and Professions Code section 6147 and is
intended to fulfill the requirements-of that Section,.
2.. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by
Attorney ‘to Client are as follows: Representatione ient wit! } respect +0 his/her claim
for damages as they relate to employment at
3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to.
be provided by. Attorney under this Agreement specifically include, but are not limited to,
the following: Représentation with tespect to:
A, any dispute with a medical care provider about amounts owed by Client
for services received; or
B. any appeal in which Client is an appellant or respondent from:a court
judginent on Client's claim.
Cc. any declaratory relief action brought by defendant's insurance company to
avoid paying fora defense of the defendant or to avoid paying plaintiff's claim,
Any bad faith ot coverage action against defendant's insurance company.
If Client wishes that Attomey provide any legal services not to be provided under this
Agreement, a separate written agreement between Attomey and Client will be required.
4, RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perforrn the
legal services called for under this Agreement, keep Client informed of important
progress and developments and respond to Client's inquiries and communications. Client
will be truthful and cooperative with Attomey and keep Attorney reasonably informed ofdevelopments and of Client's address, telephone number.and whereabouts.. Attorney
specifically states that any failixe on the patt Of client to be truthful, cooperative, orto
keep Attorney continually updated with new contact information may, at thé discretion of
Attorney, result in the withdrawal of the Attorney.
5, ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the
legal services to be-provided under this Agreement will be alien of:
A. 40% of tlie gross recovery.
"Gross recovery" means the total‘ amount.of money received. (whether by, settlement,
arbitration award, médiation award, status conference, court judgment or court order)
without reduction for "costs" as defined in:paragtaph 7 of this Agreement. This includes:
astatutory attomey fee award. If fees are awarded by the court, the Attomey’shall have
the option of accepting the fee-award in lieu: of the 40% fee stated above. :
Further; i in computing the contingency fee, .in the évent'a bénefit or benefits othei than
imoney ‘is a part of the recovery, you and Attorneys shall make’a good faith effort to
determine the monetary value of such benefit, and that value will be added to the “gross
recovery.” The contingency fee shall be payable to the Attomeys in full upon the. first
imonties paid in recovery.
Client is informed that attomey’s féés and costs are on occasion awarded as monetary
sanctions by the Court or Arbitrator pursuant to various sections.of the various California
Codes; Client agrées that, in thé event Attorney obtains such an award of attorney’s fees
and/or costs against any of the defendants and/or their attorneys, such fees and/or costs
will be considered extraordinary fées earned by Attorney and will belong entirely to
-Attomey.
Client also understands that the Court or Arbitrator may also tnake such an award against
Client. If so, payment of such an award is Client’s responsibility, If Attorney elects to
advance this amount for Client, Client understaiids that he or she will bé responsible for
reimbursing said amount to Attorney out of any settlement, verdict, or award.
If this case is one in which a statute. provides for attomney’s fees, Client understands
and/or agrees that Attorneys can, at their élection, choose either the amouiit awarded as
attorney’s fees-or, in the alternative, they:can combine that with any settlement or
judgment and take the percentage set.out above from this new total, i.e. the
settlement/judgment plus any award of.costs and/or attorney’s fees, Attorneys must
choose either to take the attorney’s fees and costs as payment or to include them in the
total recovery from which they may take their contingency fee as set forth above. They
cannot take both the attorney’s fees awarded by the'court or. by settlement agreement and
a contingency fee from the settlement dr judgment. This includes an ‘award for sanctions.If payment of all o¢ any pait of the’amount to be.réceived 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 attomey’s fees, willbe the initial lump sum
nent plus the present value, as of the titné.of the-settlement, final. arbitration award,
inédiation award of final judgment; of the payments to be received thereafter. The.
attorney's fees will be paid out of. ‘the initial luiip suit payment, If the payment is
insufficient to pay the-attorney's fees-in full, the balance will be paid from subsequent
paynients of the recovery-before any distribution to Client,
Client is informed. that this attorney's fee is not set by law but rather is negotiable
between the Attomey-and the'Client..
Tf there is no recovery; Attorney will:receive.no attoiney's fees.
6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees
recéived for the legal services rendered under this Agreement with
The terms of the division are-as follows: Attortiey will pay to
% ofall attorney's fees:teceived. ‘Client is informed that, under the Rules of,
fonal Conduct of the Staté: Bar of California, such.a division may be made only
the Client's written consent. afier a full-disclosure to the Client in writing that a
division of fees will be made aiid of the terns of stich division. Client hereby expressly
consents to the division.
Prof
7. COSTS: Attorney will advanée all "costs" in contiection with Attorney's
representation of Client under this Agreement: Attorney will be reimbursed out of the
recovery after fees to Attoriey ate dedhicted, If tlieré is no-recovery, ot if the recovery is
insufficient to reimburse Attormey in full for costs advanced, Attorney will bear the loss.
Costs include, but aré not limited to: court filing-fees; deposition costs, deposition
summary fées, expert fees and expenses, reasonable costs-of outside paralegal, legal.
assistants and contract attomeys'as necessary to assist Attorney i in litigation, investigation
costs, long distance telephone charges, messenger service fees, photocopying expenses,
necessary travel expenses arid process server fees. Items that‘are not to be considered
costs, and that must be paid by Client without being either advanced or contributed to by
Attorney include, but ate not limited to: Client's medical expenses and other parties!
cosis, if any, that Client is ultimately required'to pay. Client-assumes the responsibility
of payment of court costs awarded to defendant.
Attorney may boriow funds to pay the costs as incurred, and it is understood that both the
principal amounts borrowed and the interest paid thereon for the costs will be deducted
from any recovery to the ¢lieht upon completion of the case.8. REPRESENTATION OF ADVERSE INTERESTS:: Client is informed that thé
Rules of Professional Conduct of the State Bar of California require Client's informed
written consent before A ttorbéy. may begin ritiriue to represent Client when the
Attorney. has or had a'relationship with another party interested-in the:subject matter of
Attorney's proposed represent of the Client. Attorney is not aware of any
hip with any other party interestéd in the subject tnatter of Attomiey's services for
Client under this Agreement. As:long as Attorney's services for Client continue under
this Agreement, Attorney will not agiee to provide legal services for any sich party
without Client's prior written consent.
9. SETTLEMENT: Attomey will not settle Client's claim without the approval of
Client; who: will have the absolute right to accept or reject any settlement. Attorney will
notify Client promptly of the terms of any. settlement offer ieceived by Attomey.
10. ATTORNEY'S LIEN: A lien acts as secutity. for paymentdué to Attorney by
Client. This lien could delay payments to Client until any disputes over the amount to be
paid to Attorney are resolved. Client hereby grants Attomey 4 lien for any sums duié and:
owing to Attomey for fees and costs at-the conclusion of Attorney’s services:
The lien will attach to-any recovery Client may obtain, whether by arbitration award,
judgment, settlement or otherwise, in this matter. Client may seék the advice of any
independent lawyer of the client’s choice about this lien and this matter, By initialing,
this provision and signing this agreement Client acknowledges that s/he has been so
advised and given a rcasonable opportunity to seék that advice,
Explained, read and-approved:
(Client’s initials)
11, DISCHARGE.OF ATTORNEY: Clierit may discharge Attomey at any time by
written notice effective when received by Attorney. Unless specifically agteed by
Attorney and Client, Attomey will provide no further services and advance no further
costs on Client's behalf after receipt of the notice. If Attomey is.Client's attomey of
record in any. proceeding, Client will execute and return a Substitution of Attorney form
immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be
obligated to pay Attomey out of the recovery a reasonable attorney's fee for all services
provided and to reimburse Attorney out of the recovery for all costs advanced. If there is
no recovery, or the recovery is insufficient to reimburse Attorney in full for costs
advanced, Attorney will bear the loss.12. WITHDRAWAL OF ATTORNEY: Attomey may withdraw at-any time as.
permitted under the Rules of Professional Coiduct of the State Bar of California. The,
circumstances’ undet which the Rules permit such withdrawal include, but.are not limited
to, the following:
A the-Client consents; or
b .
B. _ the Client's conduct renders it unreasonably difficult for the Attorney to,
catry-out the employment effectively. Notwithstanding Attorney's
withdiawal, Client will be obligated to pay Attoiney out of the recovery'a
reasonable:attorney's fee:for all services provided, and to reimburse
Attomey- out of the recovery for all costs advanced; before the withdrawal.
If there is no.recovery, or the recovery is insufficient to reimburse
Attomey in full for costs.advanced, Attomey. will bear the loss,
13, RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of
services under this Agreement, Attorney will release promptly to Client, on request, all of
Client's papers and property. "Client's papers and property" include correspondence,
deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and
other items iéasonably necessary: to Client's representation, whether Client has paid for
‘them or not.
14. DISCLAIMER OF GUARANTY: Although Attotney may offer an opinion about
possible results: regarding the. subject matter of this Agreement, Attorney cannot
guarantee any particular result. Client acknowledges that Attomey has made no promises
about the outcome and that any opinion offered. by Attorney. in the future will not
constitute a guaranty.
15. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client
acknowledges that Attorney has indicated its belief that the proceeds from a settlement or
judgment are generally taxable, but has recommended Client seek advice from a tax
éxpert regarding any tax implications related to the settlement of Client’s case, and that
Attomey has declined to provide any such advice to Client. Client-hereby agrees to
inderinify and hold Attorney haiinless against any and all claims which may be asserted
by a taxing authority against Client for taxes, interest or penalties resulting from the
settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have
no obligation to defend Client in the event of any claim against Client related to this case
brought by an tax efiforcement authority.
16. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the
parties. No other agreement, statement or promise made on or before the effective date
of this Agreement will-be binding on the parties,17. SEVERABILITY IN EVENT.OF PARTIAL INVALIDITY: Jf any provision of
this Agreement is held in whole or in part to be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in
effect.
18, MODIFICATION. BY SUBSEQUENT. AGREEMENT: This Agreement may be:
modified by subsequent agreement of the parties only by an instrument in writing signed
by, both of them or an oral agrecment to the extent that the-parties carry it out.
19, ARBITRATION OF FEE.DISPUTE: Any dispute between Client and Attomey or
any claim betwee: ent and Attotney, ielating in any mannér to Attorney’ 's
representation of Client or seryices rendered to Client or on Client’s behalf, which cannot
be resolved betweeii Client and Attorney, shall be referred to binding arbitration. If
Client.agrees to this provision of this Retainer Agreement, Client will theteby waive any
right Clierit may have to a trial by jury or to a, judge as well as.any rights fo an appeal and
formal discovery. rights that parties'to a lawsuit filed in court normally have, regarding
any such dispute. Attorney uiges Client to seek the advice of an independent attorney of
Client’s choosing.on this provision.of this Retainer Agreement. In thé unlikely event that
either paity institutes aity such proceeding, the prevailing party shall be entitled to
recover reasonable. attorney’s fees.and costs in connection with the proceeding. Attorney
dogs not expect that any such dispute will atise, but Attorney sets it forth as Attorney’s
‘standard procedure. Attorney looks forward to a wholly amicable relationship.
20.. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The
prevailing party in any action or proceeding to eniforce any provision of this Agreement
will be awatded reasonable attomey's fees and costs incurred in that action or proceeding
or in-efforts to negotiate the mattér.
21. ATTORNEYS! INSURANCE: Attomey maintains errors and omissions insurance
coverage applicable to the services to be rendered.
22, EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement
will be the date when, having been executed by Client, one copy of the Agreémént is
received by Attorney.
Us
“
HThe foregoing is. agreed to by:
DATED: 5S =S 0%
CLIENT: SAMS AS GO AAA
WINER, McKENNA & BURRITT, LLP
| further agree’ fo promptly advise Attorney of any, chiange in my contaét information ot if
T will be'travgjing or otherwise unavailable for a period’ of more than two weeks.
DATED: « 9 Xv
CLIENT: Ss Aw, © Ase
ELECTION TO. PAY COSTS
clect,to.pay the costs in this cas¢ in the following mamier:
PLEASE CHECK ONE OF ‘THE FOLLOWING)
[] Pay the amount iinmnediately.
{] Pay the interest only each month as billed.
Preview
Ceo nd HAH FF WN yyy N a — Poe BRRERREBBKBRBESWARREEBERTS Lee L. Kaster (SBN: 208743) LAW OFFICES OF LEE L. KASTER, P.C. 1806 Bonanza Street i jor Court Walnut Creek, CA 94596 Bh Francisco County Super Tel: (925) 280-6701 6 2021 Fax: (925) 280-6078 APR162 x OUR Attorney for Administrator and Petitioner CLERK OF THE C| KAREN L. FISHER, CLPF #675 BY Deputy clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In the Matter of the Estate of Husam Case No. PES-20-303794 Mousa Qana, ORDER GRANTING AMENDED PETITION Deceased. FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY- CLIENT CONTINGENCY FEE AGREEMENT Date: March 30, 2021 Time: 9:00 a.m. Dept.: 204 Judge: The Hon. Joseph M. Quinn The Amended Petition for Authorization to Retain Litigation Counsel and for Approval of Proposed Attorney-Client Contingency Fee Agreement (the “Amended Petition”) of Karen L. Fisher, CLPF #675, as Administrator of the Estate of Husam Mousa Qana, was regularly heard on March 30, 2021 at 9:00 a.m. in Department 204. Notice of the hearing has been waived by all interested persons. The Court finds that approval of the proposed attomey-client contingency fee agreement attached as Exhibit A hereto is just, reasonable, to the advantage of the estate and in the best interests of the persons interested in the estate. Accordingly, IT IS ORDERED that: 1, The Administrator is authorized to retain Shawn Tillis, Esq. and Winer, Burritt & Scott, LLP to represent the estate in San Francisco | Superior Court Case No. CGC-18-569120; and ORDER GRANTING AMENDED PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENTCo Oem YN DH KH FF BN boN YY YY NN Roe Fe SF eB ew an BR8RREBRRBRSSEWRBEBHRTS 2. The proposed attorney-client contingency fee agreement attached as Exhibit A to this Order is hereby approved. Dated: Anak Lé , 2021 ORDER GRANTING AMENDED PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT -2-EXHIBIT AWINER, BURRITT & SCOTT, LLP Lake Merritt Plaza. 1999 Harrison Street, Suite 600 Oakland, California 94612 T: (510) 433-1000 F:; (510) 433-1001 1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with each party receiving an executed original, is, made:between WINER, BURRITT & SCOTT, LLP, and Shawn Tillis of The Tillis Law Firm,:as associated counsel, hereinafter referred to:as "Attorney," and Karen Fisher, in her capacity as Administrator of the Estate.of Husam Qana, heréinafter réferied to as: "Client." This Agreement is required by Business and’Professions Code section.6147 and is intended ‘to fulfill the requirements of that Section. 2. LEGAL SERVICES ‘TO BE PROVIDED: The legal services, to, be provided by Attorney to Client-are‘as follows: Representation of Karen Fisher, in her legal capacity as Administrator of the Estate.of Husam Qana (“Decedent”), with respect to Decedent’s present lawsuit against the San'Francisco Housing Authority and Edwin Jamora (CGC- 18-569120 — Sati Francisco County Superior Court). In-said capacity, in addition to the obligations under this retainer agreement, Ms: Fisher does hereby agree to assume any and all obligations under Decedent’s prior retainer agreement—which is.attached hereto. as Attachment A and incorporated by. reference into this agreement—inclading, but ‘not limited to, any and all attorney's fees and ¢osts that Decedent incurred prior to his death. Current costs are attached hereto as Attachment B. 3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal setvices that ate not to be provided by Attorney under this Agreement specifically include, but are not limited to, the following: Representation with respect to: A. any dispute with a medical care:provider about.amounts owed by Client for services teceived; or B. any appeal in which Client is an appellant or respondent from a court judgment on.Client's claim. Cc. any declaratory relief action brought by defendant's insurance company to avoid paying for a defense of the defendant or to avoid paying plaintiff's claim. Any bad faith or coverage action against defendant's insurance company.If Client wishes that Attorney-provide any legal services not to. be provided under this Agteenient, a separate, written agreement between.Attorney and Client will be required. 4, RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perform the legal services called for urider this Agreement, keep Client informed of important progress and developments tespond to Client's inquiries and communications: Client will be truthful and coope: ith Attorney. and keep Attorney reasonably informed of developments and of Clierit's address, telephone number and whereabouts. Attorney Specifically states that any failure on the part of client to be truthful;. cooperative, or to. keep Attorney continually updated with new contact information may, at the discretion of Attorney, result. in the withdrawal of the Attorney. 5: ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the légal services to-be provided under.this Agréement will be.a lien of: A 40% of the gross recovery. "Gross recovery" means the total amount of money received (whether by settlenient, arbitration award, mediation award, status conference, court judgment or couit order) without reduction for "costs" as defiried in patagraph,7 of this Agreement: This includes a-statutory attorney fee award. If fees‘are awarded by the court, the Attorney shall have the option of accepting the fee award in lieu of the 40% fee stated above. Further, in computing the contingency fee, in the event a benefit or benefits other than money is a part of the recovery, you and Attorneys shall make.a good faith-effort to determine the monetary value of such benefit, and that value will be added to the “gross recovery.” The contingency. fee shall be payable to the Attorneys:in full upon the first monies paid in recovery. Client is informed that attorney’s fees and costs are on occasion awarded as monetary Satictions by the Court or Arbitrator pursuant to, various sections of the various California Codes. Client-agrees that, in the event Attorney obtains such an award of attorney’s.fees and/or costs against any of the defendants and/or‘their attorneys, such fees and/or costs will be considered extraordinary fees earned by Attorney and will belong entirely to Attorney. Client also understands that the Court or Arbitrator may also make such an award against Client. If so, payment of such an award is Client’s responsibility. If Attorney elects to advance this amount for Client, Client understands that he or she will be-responsible for reinibursing said amount to Attorney out of any settlement, verdict, or award. If this-case is one in which a statute provides for attorney’s fees, Client understands and/or agrees that Attorneys can, at their election, choose either the amount awarded as attorney’s fees or, in the alternative, they can combine that with any settlement orjudgment and take the percentage set out-above from this-new total, i.e. the settlement/judgment phis any award.of costs‘and/or attorney’s fees. Attorneys must choose either to take'the attorney’ 's fees and ‘costs as payment or to include-them in the total recovery from, which they may. take their contingency fee as set forth above. They cannot take both the attorney’s.fees awarded by the court or by settlement agreement atid a.contingency fée from the settlement or judgment. This includes an award for sanctions: Tf payment of all or any part of the amount to be received will be deferred (such as in the casé:of an annuity, a structured settlement or periodic payments), the "total amount, received," for'purposes of calculating the attorney's fees, will be the initial lump sum: ‘payment plus the present value, as of the time of the settlement, final arbitration award, mediation award or final judgment, of the payments to be received thereafter. The attérney's fees will be paid duit of the initial lump sui paynient. If the payment is instifficient to pay the attorney's fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to Client. Client is informed that this attorney's fée is not sét by law but rather is negotiable between the Attorney and the Client. If there is-no recovery, Attorney will-receive.nio attorney's fees. 6, DIVISION OF ATTORNEY'S FEES; Attomey will divide the attorney's fees received for the legal services rendered under this Agreement with Shawn Tillis of The Tillis Law Firm (“Shawn Tillis”). The terms of the division are.as follows: Attorney will pay to Shawn Tillis 33% of all. attorney's fees received. Client-is.informed tliat, under the Rules of Professional Conduct .of the State Bar of California, stich a division may be inade only with the Client's written consent after a full disclosure to the Client in writing that a division of fees will be made and of the terms-of such division. Client hereby expressly consents to the division. 7. COSTS: Attorney will advance-all "costs" in connection with Attorney's representation of Client under this Agreement, Attorney will be reimbursed out of the recovery after fees: to Attorney are deducted. If there isno recovery, or if the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney. will bear the loss. Costs include, but are not limited to: court filing fees, deposition costs, deposition summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal assistants and contract attorneys as necessary to assist Attorney in litigation, investigation costs, long distance telephone charges, messenger service fees, photocopying expenses, necessary travel expenses and process server fees. Items that are not to be consideréd ‘costs, and that must be paid by Client without being either advariced or contributed.to by Attorney include, but are not limited to: Client's medical expenses and other parties’ costs, ifany, that Client is ultimately required to pay. Client assumes the responsibility of payment of court costs awarded to defendant.Attorney may borrow funds to pay: the costs.as incurred, and it is understood that both the prineipal amourits bortowed and the interest paid thereon for the costs.will be deducted from any recovery to the’client, upon completion of the case. 8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the Rules of Professional Conduct of the State Bar of California require Client's informed written consent before Attorney may begin or continue to. represent Client when the Attormey has or ‘hada relationship. with another party interested in the subject matter of the Attorney's proposed representation of the Client. Attorney is not aware of'any ‘rélationship with any other party interested in the subject matter of Attorney's sérvices.for Client under this Agréement.. As long-as.Attornéy's-services ‘for Client continue under ‘this Agreement, Attorney will not‘agreé to provide legal services for any such party ‘without Client's prior written consent. 9. SETTLEMENT: Attorney ‘will not settle Client's claim without the approval of Cliésit, who will have the absolute right to accept or réject‘any settlement. Attorney will notify Client promptly of the terms of any settlement offer received by Attortiey. 10. ATTORNEY'S LIEN: A lien‘dcts as security for payment due to Attorney. by. Client. This lien could delay payments to Client until any-disputes over the amount'to be paid to Attorney are resolved. Client hereby grants Attorney-a lien for any sums die and owing to Attorney for fees and costs at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise, in-this matter. Client may seek the advice of any independent lawyer. of the client’s choice about this lien and this matter. By initialing this provision and signing this agreement Client acknowledges that s/he, has been so ‘advised and given a reasonable opportunity to seek that advice. Explained, read and approved: (Client’s initials) i1. DISCHARGE OF ATTORNEY: Client may discharge Attorney at any time by written notice effective when received by Attorney. Unless.specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further costs on Client's behalf after receipt of the notice. If Attorney is Client's attorney of record in any proceeding, Client will execute and return a Substitution of Attorney form immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be obligated to pay Attorney out of the recovery a reasonable attorney's fee for all servicesprovided and to:reimburse Attorney. out of the recovery for all costs advanced. If there is no.fecovery, or the recovery is insufficient to reimburse Attorney in full for costs ‘advancéd, Attorney will bear the loss. 12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at atiy time as permitted’ under the Rules:of Professional.Conduct of the State Bar of California. The circumstances under which the Rules permit such withdrawal include, but are not: limited to, the following: A. the,Client consents; or B. the Client's condiict renders‘it ufireasonably difficult for the: Attomey to carty out the eniployment effectively. Notwithstanding Attorney's withdrawal, Client will be obligated to pay- Attorney out of the recovery. a reasonable attorney's fee for all services provided, and to reimburse. Attorney out of the recovery: for all costs advaiiced, béefore:the withdrawal. If there is no-récovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss, 13. BANKRUPTCY OF DEFENDANT: Attorney may, withdraw upon receiving: notice of the barikruptcy of any defendant. Client understands and acknowledges that Attorney will not proceed with any action on Client’s behalf where theré is no or very little potential for recovery. 14, RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of services under this Agieenient, Attorney will release proniptly to Client, on request, all of Client's papers and property. "Client's papers and property" include correspondence, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and other items reasonably necessary to:Client's representation, whether Client has paid for them or not. 15. DISCLAIMER OF GUARANTY: Although Attorney may offer.an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney las made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty. 16. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client acknowledges that Attorney has indicated its belief that the proceeds from a settlement-or judgment are generally taxable, but has recommended Client seek advice from a tax expert regarding any tax implications related to the settlement of Client’s case, and thatAttorney has declined to provide-any such advice to Client. Client hereby agrees to indemnify and hold Attorney harmless against any and all claims which may be.asserted by a taxing authority. against Client for taxes; interest or penalties resulting from the. _ settlement of Client’s case. Client also acknowledges and agrées that Attorney Shall have. no obligation to.defend Client in.the.event of any claim against Client related to this case brought by an tax enforcement authority. 17. TIRE AGREEMENT: This.Agréement contains the entire-Agréemient of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be biriding:on the parties. 18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this Agreement is held in whole‘or in part to be unenforceable for any reason, the remainder of that provision and of the-entire Agreement will be severable ‘and remain in effect. 19. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be modified by stibsequent agreeménit of the parties only by an instrument.in writing signed by both of them or an oral agreenient to.the.¢xtent that the parties carry it out. 20. ARBITRATION OF FEE-DISPUTE: Any dispute between Client and Attorney or any claim between Client and Attomey, relating in‘any manner to Attomey’s representation of Client or services rendered to Client or on Glient’s behalf, which cannot be resolved between Client and Attorney, shall be referred to binding arbitration. If Client agrees.to this provision of this Retainer Agreement, Client will thereby waive any right Client may have to a trial by jury or to a judge as well as any rights to an appeal and formal discovery rights that parties to a lawsuit filed in court normally have, regarding any such dispute. Attorney urges Client to seek the advice of an indépendent attorney-of Client’s choosing on this provision of this Retainer Agreeinent. In the unlikely event that either party institutes any such proceeding, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs in connection with the proceeding. Attorney does not-expect that any such dispute:will arise, but Attorney sets it forth as Attorney’s standard procedure.. Attorney looks forward to a wholly amicable relationship. 21. ATTORNEY'S FEES AND COSTS IN. ACTION ON. AGREEMENT: The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney's fees and ¢osts incurred in that a¢tion or proceeding or in efforts to negotiate the matter.22.. ATTORNEYS! INSURANCE: Attorney maintains.errors and omissions insurance coverage applicable to the services to be rendered. 23. EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement ‘will be the date when, having been executed ’by Client, one copy of the Agreement.is teceived by Attorney. The foregoing is agréed to by: DATED: CLIENT: _ WINER, BURRITT & SCOTT, LLP. THE TILLIS LAW FIRM DATED: DATED: By: By:. (Attomey) (Attorney) I further agree to. proniptly advise Attorney of any change in my contact information or if I will be traveling or-otherwise unavailable for.a period of more-than two weeks. DATED: CLIENT: ELECTION TO PAY COSTS I elect to pay the costs.in this case in the following manner: (PLEASE CHECK ONE OF THE FOLLOWING) [J Pay the amount immediately. {] Pay the interest only each month as billed. [Xx] Pay nothing now but pay. both-principal and interest upon the completion of my case or as soon as wi8h. DATED: CLIENT:ATTACHMENT AWINER, McKENNA & BURRITT, LLP Lake Metritt Plaza 1999 Harrison Street, Suite 600 Oakland, California 94612 T: (510).433-1000 F: (510) 433-1001 LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE. 1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with each party receiving an executed original, is'made between WINER, MCKENNA & r, LLP, hercinafter referred:to.as "Attomey," and PS eh PJao ot OH , hereinafter referred to as "Client.", This:Agreement is requited by Business and Professions Code section 6147 and is intended to fulfill the requirements-of that Section,. 2.. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by Attorney ‘to Client are as follows: Representatione ient wit! } respect +0 his/her claim for damages as they relate to employment at 3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to. be provided by. Attorney under this Agreement specifically include, but are not limited to, the following: Représentation with tespect to: A, any dispute with a medical care provider about amounts owed by Client for services received; or B. any appeal in which Client is an appellant or respondent from:a court judginent on Client's claim. Cc. any declaratory relief action brought by defendant's insurance company to avoid paying fora defense of the defendant or to avoid paying plaintiff's claim, Any bad faith ot coverage action against defendant's insurance company. If Client wishes that Attomey provide any legal services not to be provided under this Agreement, a separate written agreement between Attomey and Client will be required. 4, RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perforrn the legal services called for under this Agreement, keep Client informed of important progress and developments and respond to Client's inquiries and communications. Client will be truthful and cooperative with Attomey and keep Attorney reasonably informed ofdevelopments and of Client's address, telephone number.and whereabouts.. Attorney specifically states that any failixe on the patt Of client to be truthful, cooperative, orto keep Attorney continually updated with new contact information may, at thé discretion of Attorney, result in the withdrawal of the Attorney. 5, ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the legal services to be-provided under this Agreement will be alien of: A. 40% of tlie gross recovery. "Gross recovery" means the total‘ amount.of money received. (whether by, settlement, arbitration award, médiation award, status conference, court judgment or court order) without reduction for "costs" as defined in:paragtaph 7 of this Agreement. This includes: astatutory attomey fee award. If fees are awarded by the court, the Attomey’shall have the option of accepting the fee-award in lieu: of the 40% fee stated above. : Further; i in computing the contingency fee, .in the évent'a bénefit or benefits othei than imoney ‘is a part of the recovery, you and Attorneys shall make’a good faith effort to determine the monetary value of such benefit, and that value will be added to the “gross recovery.” The contingency fee shall be payable to the Attomeys in full upon the. first imonties paid in recovery. Client is informed that attomey’s féés and costs are on occasion awarded as monetary sanctions by the Court or Arbitrator pursuant to various sections.of the various California Codes; Client agrées that, in thé event Attorney obtains such an award of attorney’s fees and/or costs against any of the defendants and/or their attorneys, such fees and/or costs will be considered extraordinary fées earned by Attorney and will belong entirely to -Attomey. Client also understands that the Court or Arbitrator may also tnake such an award against Client. If so, payment of such an award is Client’s responsibility, If Attorney elects to advance this amount for Client, Client understaiids that he or she will bé responsible for reimbursing said amount to Attorney out of any settlement, verdict, or award. If this case is one in which a statute. provides for attomney’s fees, Client understands and/or agrees that Attorneys can, at their élection, choose either the amouiit awarded as attorney’s fees-or, in the alternative, they:can combine that with any settlement or judgment and take the percentage set.out above from this new total, i.e. the settlement/judgment plus any award of.costs and/or attorney’s fees, Attorneys must choose either to take the attorney’s fees and costs as payment or to include them in the total recovery from which they may take their contingency fee as set forth above. They cannot take both the attorney’s fees awarded by the'court or. by settlement agreement and a contingency fee from the settlement dr judgment. This includes an ‘award for sanctions.If payment of all o¢ any pait of the’amount to be.réceived 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 attomey’s fees, willbe the initial lump sum nent plus the present value, as of the titné.of the-settlement, final. arbitration award, inédiation award of final judgment; of the payments to be received thereafter. The. attorney's fees will be paid out of. ‘the initial luiip suit payment, If the payment is insufficient to pay the-attorney's fees-in full, the balance will be paid from subsequent paynients of the recovery-before any distribution to Client, Client is informed. that this attorney's fee is not set by law but rather is negotiable between the Attomey-and the'Client.. Tf there is no recovery; Attorney will:receive.no attoiney's fees. 6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees recéived for the legal services rendered under this Agreement with The terms of the division are-as follows: Attortiey will pay to % ofall attorney's fees:teceived. ‘Client is informed that, under the Rules of, fonal Conduct of the Staté: Bar of California, such.a division may be made only the Client's written consent. afier a full-disclosure to the Client in writing that a division of fees will be made aiid of the terns of stich division. Client hereby expressly consents to the division. Prof 7. COSTS: Attorney will advanée all "costs" in contiection with Attorney's representation of Client under this Agreement: Attorney will be reimbursed out of the recovery after fees to Attoriey ate dedhicted, If tlieré is no-recovery, ot if the recovery is insufficient to reimburse Attormey in full for costs advanced, Attorney will bear the loss. Costs include, but aré not limited to: court filing-fees; deposition costs, deposition summary fées, expert fees and expenses, reasonable costs-of outside paralegal, legal. assistants and contract attomeys'as necessary to assist Attorney i in litigation, investigation costs, long distance telephone charges, messenger service fees, photocopying expenses, necessary travel expenses arid process server fees. Items that‘are not to be considered costs, and that must be paid by Client without being either advanced or contributed to by Attorney include, but ate not limited to: Client's medical expenses and other parties! cosis, if any, that Client is ultimately required'to pay. Client-assumes the responsibility of payment of court costs awarded to defendant. Attorney may boriow funds to pay the costs as incurred, and it is understood that both the principal amounts borrowed and the interest paid thereon for the costs will be deducted from any recovery to the ¢lieht upon completion of the case.8. REPRESENTATION OF ADVERSE INTERESTS:: Client is informed that thé Rules of Professional Conduct of the State Bar of California require Client's informed written consent before A ttorbéy. may begin ritiriue to represent Client when the Attorney. has or had a'relationship with another party interested-in the:subject matter of Attorney's proposed represent of the Client. Attorney is not aware of any hip with any other party interestéd in the subject tnatter of Attomiey's services for Client under this Agreement. As:long as Attorney's services for Client continue under this Agreement, Attorney will not agiee to provide legal services for any sich party without Client's prior written consent. 9. SETTLEMENT: Attomey will not settle Client's claim without the approval of Client; who: will have the absolute right to accept or reject any settlement. Attorney will notify Client promptly of the terms of any. settlement offer ieceived by Attomey. 10. ATTORNEY'S LIEN: A lien acts as secutity. for paymentdué to Attorney by Client. This lien could delay payments to Client until any disputes over the amount to be paid to Attorney are resolved. Client hereby grants Attomey 4 lien for any sums duié and: owing to Attomey for fees and costs at-the conclusion of Attorney’s services: The lien will attach to-any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter. Client may seék the advice of any independent lawyer of the client’s choice about this lien and this matter, By initialing, this provision and signing this agreement Client acknowledges that s/he has been so advised and given a rcasonable opportunity to seék that advice, Explained, read and-approved: (Client’s initials) 11, DISCHARGE.OF ATTORNEY: Clierit may discharge Attomey at any time by written notice effective when received by Attorney. Unless specifically agteed by Attorney and Client, Attomey will provide no further services and advance no further costs on Client's behalf after receipt of the notice. If Attomey is.Client's attomey of record in any. proceeding, Client will execute and return a Substitution of Attorney form immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be obligated to pay Attomey out of the recovery a reasonable attorney's fee for all services provided and to reimburse Attorney out of the recovery for all costs advanced. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.12. WITHDRAWAL OF ATTORNEY: Attomey may withdraw at-any time as. permitted under the Rules of Professional Coiduct of the State Bar of California. The, circumstances’ undet which the Rules permit such withdrawal include, but.are not limited to, the following: A the-Client consents; or b . B. _ the Client's conduct renders it unreasonably difficult for the Attorney to, catry-out the employment effectively. Notwithstanding Attorney's withdiawal, Client will be obligated to pay Attoiney out of the recovery'a reasonable:attorney's fee:for all services provided, and to reimburse Attomey- out of the recovery for all costs advanced; before the withdrawal. If there is no.recovery, or the recovery is insufficient to reimburse Attomey in full for costs.advanced, Attomey. will bear the loss, 13, RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of services under this Agreement, Attorney will release promptly to Client, on request, all of Client's papers and property. "Client's papers and property" include correspondence, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and other items iéasonably necessary: to Client's representation, whether Client has paid for ‘them or not. 14. DISCLAIMER OF GUARANTY: Although Attotney may offer an opinion about possible results: regarding the. subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attomey has made no promises about the outcome and that any opinion offered. by Attorney. in the future will not constitute a guaranty. 15. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client acknowledges that Attorney has indicated its belief that the proceeds from a settlement or judgment are generally taxable, but has recommended Client seek advice from a tax éxpert regarding any tax implications related to the settlement of Client’s case, and that Attomey has declined to provide any such advice to Client. Client-hereby agrees to inderinify and hold Attorney haiinless against any and all claims which may be asserted by a taxing authority against Client for taxes, interest or penalties resulting from the settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have no obligation to defend Client in the event of any claim against Client related to this case brought by an tax efiforcement authority. 16. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will-be binding on the parties,17. SEVERABILITY IN EVENT.OF PARTIAL INVALIDITY: Jf any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 18, MODIFICATION. BY SUBSEQUENT. AGREEMENT: This Agreement may be: modified by subsequent agreement of the parties only by an instrument in writing signed by, both of them or an oral agrecment to the extent that the-parties carry it out. 19, ARBITRATION OF FEE.DISPUTE: Any dispute between Client and Attomey or any claim betwee: ent and Attotney, ielating in any mannér to Attorney’ 's representation of Client or seryices rendered to Client or on Client’s behalf, which cannot be resolved betweeii Client and Attorney, shall be referred to binding arbitration. If Client.agrees to this provision of this Retainer Agreement, Client will theteby waive any right Clierit may have to a trial by jury or to a, judge as well as.any rights fo an appeal and formal discovery. rights that parties'to a lawsuit filed in court normally have, regarding any such dispute. Attorney uiges Client to seek the advice of an independent attorney of Client’s choosing.on this provision.of this Retainer Agreement. In thé unlikely event that either paity institutes aity such proceeding, the prevailing party shall be entitled to recover reasonable. attorney’s fees.and costs in connection with the proceeding. Attorney dogs not expect that any such dispute will atise, but Attorney sets it forth as Attorney’s ‘standard procedure. Attorney looks forward to a wholly amicable relationship. 20.. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The prevailing party in any action or proceeding to eniforce any provision of this Agreement will be awatded reasonable attomey's fees and costs incurred in that action or proceeding or in-efforts to negotiate the mattér. 21. ATTORNEYS! INSURANCE: Attomey maintains errors and omissions insurance coverage applicable to the services to be rendered. 22, EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement will be the date when, having been executed by Client, one copy of the Agreémént is received by Attorney. Us “ HThe foregoing is. agreed to by: DATED: 5S =S 0% CLIENT: SAMS AS GO AAA WINER, McKENNA & BURRITT, LLP | further agree’ fo promptly advise Attorney of any, chiange in my contaét information ot if T will be'travgjing or otherwise unavailable for a period’ of more than two weeks. DATED: « 9 Xv CLIENT: Ss Aw, © Ase ELECTION TO. PAY COSTS clect,to.pay the costs in this cas¢ in the following mamier: PLEASE CHECK ONE OF ‘THE FOLLOWING) [] Pay the amount iinmnediately. {] Pay the interest only each month as billed.