Preview
FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020
® @
ONALAW
THE LAW OFFICE OF THOMAS TONA, P.C.
THOMAS TONA, Esq. PHONE: 631.780.5355
FAX: 631.780.5685
MicHAEL MANFREDI, Eso, WWW.TONALAW.COM
Retainer Agreement
I, 5 (hereinafter referred to as "the client"), residing at
Si Soma ‰e, y retain the Law Office of Thomas Tona, P.C. as tli-e
Client's attorneys (hereinafter ferred to as "the law firm"), to prosecutq and adjust a claim for
damages arismg from personal injuries sustained by: on or about 6 // $# T through the
negligence of others and/or other persons and do hereby give
the attorney the exclusive right to take all legal steps to enforce the Chent's said claim.
In consideration of the services rendered and to be rendered by the law firm, the client
hereby agrees to pay the law firm legal fees which shall be:
Thirty-three and one-third percent (33 1/3%) ofthe sum recovered, whether recovered by
'ud-ment, settlement or otherwise. If no money damages are recovered, no legal fee will
ue.
In consideration of the services rendered and to be rendered by the law firm, the
undersigned hereby agrees to pay the law firm, and they are authorized to retain out of monies
that may come into their hands, whether recovered by suit, settlement or otherwise, the attorney
fees and expenses, if applicable.
In accordance with applicable laws and regulations, the client has been given the
following two (2) 0-tions with respect to how such legal fee percentage shall be computed. By
placin-
my initials elow, I hereby select the manner m which the fee shall be computed in my
case s oufd there be a recovery on my behalf:
Option Number One: The Client Remains Ltable for sment of All Costs
and Expenses. Regardless of the Outcome of This Matter. The 1 fee percentage isto
be computed on the net sum recovered after deducting from e amount recovered
expenses and disbursements for expert testimony, expert medical testimony, and
investigative services, or other services properly chargeable to the enforcement of the
claim or prosecution of the action; OR
.,-- Option Number Two: The Law Firm Agrees to and Remain Llable for All
Costs and Expenses. Regardless of the outcome of is Matter. The legal fee
percentage is computed on the gross sum recovered be re deducting expenses and
disbursements. The law firm agrees to pay all costs and expenses of the action and the
client will not remain responsible for all expenses and disbursements in the event the
claim or action is dismissed or otherwise rejected by any court of competent jurisdiction.
Page I of 4
The following reflects the financial consequences of each of the above two Options,
FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020
as an example a case in which there isa recove of $100,000.00 - and this number is used
using
as an example that is to understand - and e expenses and disbursements in the case
only easy
are $10,000:
Option Number One Example (The Client Remains Liable for Repayment of All Costs
and Expenses, Regardless of the Outcome of This Matter):
Total recovery: $100,000.00
Less expenses and disbursements: -$10,000.00
Less 33 1/3% of remaining $90,000: -$30,000.00
Client's Recovery: $60,000.00
Option Number Two Ex (The Law Firm Agrees to Pay and Remain Liable for All
Costs and Expenses, Re ess of the Outcome oT This Matter):
Total recovery: $100,000.00
Less 33 1/3% of $100 000 -$33,333.33
Less expenses and disbursements: -$10,000.00
_..--.......-_.
Client's Recovery: $56,666.67
The Client understands and agrees that, if the Client has selected Option Number One,
the law firm reserves the right, in itssole discretion, to elect to make payment in the first instance
of some or all costs, expenses and disbursements, so as not to hinder the enforcement of the
claim or prosecution of the action. If the law firm has advanced these payments, the Client
understands that he or she remains fully responsible to reimburse the Attorney for such costs
expenses and disbursements. If the law firm elects not to make payment in the firstinstance o
some or all costs, expenses and disbursements, the Client will advance and prepay to the law
firm all such costs, expenses and disbursements as they are incurred or anticipated for the
enforcement of the claim and the prosecution of the action. The law firm may, in its discretion,
require the Client to deposit with the law firm a specified amount of money, as the law firm
deems appropriate, in order for such costs, expenses and disbursements to be paid. Should the
Client not comply with his or her financial obli ations under Option Number One, the Client
understands and agrees that such failure to comp shall constitute good cause for the law firm to
withdraw in accordance with this agreement and e applicable rules of Professional Conduct.
*
. (Initial) If the Client elects Option Number Two, the client understands
t at e aw irm reserves the right to seek fmancing for the expenses and disbursements
and agrees to sign any documents necessary to obtain the financing. The interest and
expense of the financing is a case disbursement and expense properly chargeable against
the amounts recovered in the case. At the conclusion of the case, all such monies
expended for disbursements and expenses, including principal, interest and costs related
to such financing advances shall be reimbursed to the law firm from the settlement,
award and/or verdict as described above.
Examples of expenses and disbursements for expert medical and other testimony and
investigative or other services properly chargeable to the enforcement of the claim or prosecution
of the action include, but are not limited to, charges for: retaining investigators; storage fees
relating to the preservation of evidence; obtaining medical records; retaining expert witnesses
and comu!*ants, including locating and preparing expert witnesses and consultants, obtaining
re rts and testimony, and related trans rtation, parkmg, mileage, meals and hotel costs; court
fimg fees; service of process fees; ena fees; costs associated with taking depositions,
including stenographer's fees videogra er's fees, video teleconferencing costs; court reporter
fees; notary fees; mediator, arbitrator an rspecial master fees; specialized medical and legal
Page 2 of 4
research fees; computerized research fees; expenses for focus groups and jury consultants;
FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020
@ @
photography; preparation of exhibits; photocopying (at $.25 a and other reproduction
e),
costs; fees and expenses of non-expert witnesses; postage an elivery fees; travel costs
including parking, mileage, transportation, meals and hotel costs; long distance telephone and
fax char es; and all other necessary and incidental expenses and disbursements incurred on the
Client's Îehalf. This listis not all inclusive and there may be other types of properly chargeable
disbursements.
In computing the fee, the costs as taxed, including interest upon a judgment, shall be
deemed part of the amount recovered. For the following or similar items there shall be no
deduction in computing such percentages, and same shall not be deducted under either Option
One or Option Two in computing the legal fee percentages and are solely chargeable to the
client: Liens, assignments or claims in favor of hospitals, for medical care and treatment by or of
doctors and nurses and other medical providers, or of self-insurers or insurance carriers,
Workers'
Compensation, Medicaid and/or Medicare or any other enforceable lien or claim.
The Client understands and a es that, without regard to whether the Client has selected
Option Number One or Option Num rTwo above, under no circumstances will the law firm be
responsible for the payment of any judgment that may be entered against the Client arising out of
either the incident or the prosecution of the action, including any bill of costs. The Client
understands that any recovery from a fmal settlement, verdict or award, after the deduction of
attorney's fees and expenses, is subject to any and all statutory and/or consented to liens,
assignments or claims. This includes, but is not limited to, liens, assignments or claims by any
mumcipality, ,govemment public assistance, Medicare, Medicaid, private health care
entity,,
insurance carner, self-insurers, child-support, publicly funded health care msurance carriers, and/
or private or public health care provider.
The Client requests that the law firm attempt to reduce or eliminate any liens,
assignments or claims, but it is not and will not be the responsibility of the attorney to do so.
Moreover, the Client directs the law firm to pay out of their recovery any and all liens
assignments or claims as mentioned above, whicli the law firm believes have merit. Finally, that
if any liens, assignments or claims come to the attention of the law firm after the resolution of
the within claim, or ifany known liens, assignments or claims that the law firm believed did not
have merit and therefore were not paid, itwill not be the responsibility of the law firm to resolve
said liens, assignments or claims. Any liens, assignments or claims are solely the
remaining
Client's responsibility and the Client will defend, mdemnify and hold harmless the law firm for
any proceedings or actions based upon any liens, assignments or claims unpaid.
This retainer agreement does not obligate the law firm to prosecute an appeal from a
decision, verdict, order or judgment, pursue a judgment against a party, negotiate liens or pursue
a compromise order from any court. The prosecution or defense of any such appeal, pursuit of
judgment, lien negotiation or pursuit of a compromise order, and the terms upon which itmay be
undertaken, shall be the subject of a separate written agreement to be negotiated by the panties to
this retainer. In the absence of a written agreement, the Client agrees that the law firm's fees for
said legal work shall be calculated at $450.00 per hour. Moreover, in wrongful death cases,_there
will be additional expenses and disbursements that the law firm will incur after the Court issues
an Order for Compromise allocating attorney's fees, attorney's expenses and disbursements, and
the Estate's share. The Client agrees that the additional expenses and disbursements incurred
after the issuance of an Order for Compromise shall be the Client's sole obligation, and/or the
Estate. Furthermore, that the law firm is hereby permitted to deduct these expenses and
disbursements from the Estate's portion of the compromise upon issuance of the checks for the
Estate's share from the law firm's escrow account.
Retaining other counsel in place of the law firm carries with it the obligation to
immediately repay the law firm all expenses and disbursements incurred or advanced by the
attomey. Additionally, as for the law firm's fee upon discharge, the law firm shall have the right
to receive either, at the election of the law firm: 1. compensation based upon our work
Page 3 of 4
FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020
O 0
performed as of the discharge date (quantum merit) at an hourly rate of $450.00, or 2. at the
conclusion of the case, a contingency fee, which is based upon the proportionate share of the
vyork performed by the law firm m the whole case.
The Client understands that it isthe Client's responsibility to keep the law firm advised
of any changes in Client's address or telephone number. The Client will advise the law firm of
any such changes in writing as soon as practicable but, in no circumstances later than thirty (30)
days after such change. If the law firm is unable to contact the Client at Client's last known
address and/or te!eahone number for thirty days, the law firm shall mail a certified or registered
letter to the Clientis last known address. It is the Client's duty and obligation to respond by
sending written notice of Client's current address and telephone number within fifteen (15) days
of the date of the postmark upon the law firm's envelope in which the letter was sent If the
Client fails to do so, the law firm shall have the Client's authority to (a) close the Client's file if
it is in the pre-suit stage, and take no further action, or (b) ifthe Client's matter is in suit,make
an application to the Court where the action is pending to be removed as counsel.
The Client understands that this agreement does not obligate the law firm to pursue, or
workers'
apply for on the Client's behalf, disability benefits, compensation benefits no-fault/PIP
benefits and/or any other insurance benefits that the Client may be entitled to. Furthermore, that
it is the Client's sole responsibility to assure that allapplications for the above benefits are filed
in a timel memer and that all the requirements necessary to pursue and keep those benefits will
be met the Client. The Client's obli.gation to do so cannot be modified except in writing, and
will not affected if the attorney assists the Client and/or the Client's family members, m any
way in obtainin benefits in any fashion. Furthermore, the law firm is not obligated to prosecute,
defend or a any claim and/or action by or on behalf of any health care provider, service
provider r insurance company.
The Client understands that this Retainer Agreement issubject to investigation. The law
firm therefore, has the right to return this case to the Client at any stage. Furthermore, the Client
agrees that ifany misrepresentation that has been made by client to tlie law firm at any time, the
Client will sign the necessary papers to substitute the law firm out of the matter and proceed as a
se"
"pro (self-represented) litigant in any ongoing litigation in place of the law firm.
Client: --efa
Dated: 7
Law Firm
by:
Dated:
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Preview
FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020 ® @ ONALAW THE LAW OFFICE OF THOMAS TONA, P.C. THOMAS TONA, Esq. PHONE: 631.780.5355 FAX: 631.780.5685 MicHAEL MANFREDI, Eso, WWW.TONALAW.COM Retainer Agreement I, 5 (hereinafter referred to as "the client"), residing at Si Soma ‰e, y retain the Law Office of Thomas Tona, P.C. as tli-e Client's attorneys (hereinafter ferred to as "the law firm"), to prosecutq and adjust a claim for damages arismg from personal injuries sustained by: on or about 6 // $# T through the negligence of others and/or other persons and do hereby give the attorney the exclusive right to take all legal steps to enforce the Chent's said claim. In consideration of the services rendered and to be rendered by the law firm, the client hereby agrees to pay the law firm legal fees which shall be: Thirty-three and one-third percent (33 1/3%) ofthe sum recovered, whether recovered by 'ud-ment, settlement or otherwise. If no money damages are recovered, no legal fee will ue. In consideration of the services rendered and to be rendered by the law firm, the undersigned hereby agrees to pay the law firm, and they are authorized to retain out of monies that may come into their hands, whether recovered by suit, settlement or otherwise, the attorney fees and expenses, if applicable. In accordance with applicable laws and regulations, the client has been given the following two (2) 0-tions with respect to how such legal fee percentage shall be computed. By placin- my initials elow, I hereby select the manner m which the fee shall be computed in my case s oufd there be a recovery on my behalf: Option Number One: The Client Remains Ltable for sment of All Costs and Expenses. Regardless of the Outcome of This Matter. The 1 fee percentage isto be computed on the net sum recovered after deducting from e amount recovered expenses and disbursements for expert testimony, expert medical testimony, and investigative services, or other services properly chargeable to the enforcement of the claim or prosecution of the action; OR .,-- Option Number Two: The Law Firm Agrees to and Remain Llable for All Costs and Expenses. Regardless of the outcome of is Matter. The legal fee percentage is computed on the gross sum recovered be re deducting expenses and disbursements. The law firm agrees to pay all costs and expenses of the action and the client will not remain responsible for all expenses and disbursements in the event the claim or action is dismissed or otherwise rejected by any court of competent jurisdiction. Page I of 4 The following reflects the financial consequences of each of the above two Options, FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020 as an example a case in which there isa recove of $100,000.00 - and this number is used using as an example that is to understand - and e expenses and disbursements in the case only easy are $10,000: Option Number One Example (The Client Remains Liable for Repayment of All Costs and Expenses, Regardless of the Outcome of This Matter): Total recovery: $100,000.00 Less expenses and disbursements: -$10,000.00 Less 33 1/3% of remaining $90,000: -$30,000.00 Client's Recovery: $60,000.00 Option Number Two Ex (The Law Firm Agrees to Pay and Remain Liable for All Costs and Expenses, Re ess of the Outcome oT This Matter): Total recovery: $100,000.00 Less 33 1/3% of $100 000 -$33,333.33 Less expenses and disbursements: -$10,000.00 _..--.......-_. Client's Recovery: $56,666.67 The Client understands and agrees that, if the Client has selected Option Number One, the law firm reserves the right, in itssole discretion, to elect to make payment in the first instance of some or all costs, expenses and disbursements, so as not to hinder the enforcement of the claim or prosecution of the action. If the law firm has advanced these payments, the Client understands that he or she remains fully responsible to reimburse the Attorney for such costs expenses and disbursements. If the law firm elects not to make payment in the firstinstance o some or all costs, expenses and disbursements, the Client will advance and prepay to the law firm all such costs, expenses and disbursements as they are incurred or anticipated for the enforcement of the claim and the prosecution of the action. The law firm may, in its discretion, require the Client to deposit with the law firm a specified amount of money, as the law firm deems appropriate, in order for such costs, expenses and disbursements to be paid. Should the Client not comply with his or her financial obli ations under Option Number One, the Client understands and agrees that such failure to comp shall constitute good cause for the law firm to withdraw in accordance with this agreement and e applicable rules of Professional Conduct. * . (Initial) If the Client elects Option Number Two, the client understands t at e aw irm reserves the right to seek fmancing for the expenses and disbursements and agrees to sign any documents necessary to obtain the financing. The interest and expense of the financing is a case disbursement and expense properly chargeable against the amounts recovered in the case. At the conclusion of the case, all such monies expended for disbursements and expenses, including principal, interest and costs related to such financing advances shall be reimbursed to the law firm from the settlement, award and/or verdict as described above. Examples of expenses and disbursements for expert medical and other testimony and investigative or other services properly chargeable to the enforcement of the claim or prosecution of the action include, but are not limited to, charges for: retaining investigators; storage fees relating to the preservation of evidence; obtaining medical records; retaining expert witnesses and comu!*ants, including locating and preparing expert witnesses and consultants, obtaining re rts and testimony, and related trans rtation, parkmg, mileage, meals and hotel costs; court fimg fees; service of process fees; ena fees; costs associated with taking depositions, including stenographer's fees videogra er's fees, video teleconferencing costs; court reporter fees; notary fees; mediator, arbitrator an rspecial master fees; specialized medical and legal Page 2 of 4 research fees; computerized research fees; expenses for focus groups and jury consultants; FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020 @ @ photography; preparation of exhibits; photocopying (at $.25 a and other reproduction e), costs; fees and expenses of non-expert witnesses; postage an elivery fees; travel costs including parking, mileage, transportation, meals and hotel costs; long distance telephone and fax char es; and all other necessary and incidental expenses and disbursements incurred on the Client's Îehalf. This listis not all inclusive and there may be other types of properly chargeable disbursements. In computing the fee, the costs as taxed, including interest upon a judgment, shall be deemed part of the amount recovered. For the following or similar items there shall be no deduction in computing such percentages, and same shall not be deducted under either Option One or Option Two in computing the legal fee percentages and are solely chargeable to the client: Liens, assignments or claims in favor of hospitals, for medical care and treatment by or of doctors and nurses and other medical providers, or of self-insurers or insurance carriers, Workers' Compensation, Medicaid and/or Medicare or any other enforceable lien or claim. The Client understands and a es that, without regard to whether the Client has selected Option Number One or Option Num rTwo above, under no circumstances will the law firm be responsible for the payment of any judgment that may be entered against the Client arising out of either the incident or the prosecution of the action, including any bill of costs. The Client understands that any recovery from a fmal settlement, verdict or award, after the deduction of attorney's fees and expenses, is subject to any and all statutory and/or consented to liens, assignments or claims. This includes, but is not limited to, liens, assignments or claims by any mumcipality, ,govemment public assistance, Medicare, Medicaid, private health care entity,, insurance carner, self-insurers, child-support, publicly funded health care msurance carriers, and/ or private or public health care provider. The Client requests that the law firm attempt to reduce or eliminate any liens, assignments or claims, but it is not and will not be the responsibility of the attorney to do so. Moreover, the Client directs the law firm to pay out of their recovery any and all liens assignments or claims as mentioned above, whicli the law firm believes have merit. Finally, that if any liens, assignments or claims come to the attention of the law firm after the resolution of the within claim, or ifany known liens, assignments or claims that the law firm believed did not have merit and therefore were not paid, itwill not be the responsibility of the law firm to resolve said liens, assignments or claims. Any liens, assignments or claims are solely the remaining Client's responsibility and the Client will defend, mdemnify and hold harmless the law firm for any proceedings or actions based upon any liens, assignments or claims unpaid. This retainer agreement does not obligate the law firm to prosecute an appeal from a decision, verdict, order or judgment, pursue a judgment against a party, negotiate liens or pursue a compromise order from any court. The prosecution or defense of any such appeal, pursuit of judgment, lien negotiation or pursuit of a compromise order, and the terms upon which itmay be undertaken, shall be the subject of a separate written agreement to be negotiated by the panties to this retainer. In the absence of a written agreement, the Client agrees that the law firm's fees for said legal work shall be calculated at $450.00 per hour. Moreover, in wrongful death cases,_there will be additional expenses and disbursements that the law firm will incur after the Court issues an Order for Compromise allocating attorney's fees, attorney's expenses and disbursements, and the Estate's share. The Client agrees that the additional expenses and disbursements incurred after the issuance of an Order for Compromise shall be the Client's sole obligation, and/or the Estate. Furthermore, that the law firm is hereby permitted to deduct these expenses and disbursements from the Estate's portion of the compromise upon issuance of the checks for the Estate's share from the law firm's escrow account. Retaining other counsel in place of the law firm carries with it the obligation to immediately repay the law firm all expenses and disbursements incurred or advanced by the attomey. Additionally, as for the law firm's fee upon discharge, the law firm shall have the right to receive either, at the election of the law firm: 1. compensation based upon our work Page 3 of 4 FILED: SUFFOLK COUNTY CLERK 07/24/2020 11:42 AM INDEX NO. 609527/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/24/2020 O 0 performed as of the discharge date (quantum merit) at an hourly rate of $450.00, or 2. at the conclusion of the case, a contingency fee, which is based upon the proportionate share of the vyork performed by the law firm m the whole case. The Client understands that it isthe Client's responsibility to keep the law firm advised of any changes in Client's address or telephone number. The Client will advise the law firm of any such changes in writing as soon as practicable but, in no circumstances later than thirty (30) days after such change. If the law firm is unable to contact the Client at Client's last known address and/or te!eahone number for thirty days, the law firm shall mail a certified or registered letter to the Clientis last known address. It is the Client's duty and obligation to respond by sending written notice of Client's current address and telephone number within fifteen (15) days of the date of the postmark upon the law firm's envelope in which the letter was sent If the Client fails to do so, the law firm shall have the Client's authority to (a) close the Client's file if it is in the pre-suit stage, and take no further action, or (b) ifthe Client's matter is in suit,make an application to the Court where the action is pending to be removed as counsel. The Client understands that this agreement does not obligate the law firm to pursue, or workers' apply for on the Client's behalf, disability benefits, compensation benefits no-fault/PIP benefits and/or any other insurance benefits that the Client may be entitled to. Furthermore, that it is the Client's sole responsibility to assure that allapplications for the above benefits are filed in a timel memer and that all the requirements necessary to pursue and keep those benefits will be met the Client. The Client's obli.gation to do so cannot be modified except in writing, and will not affected if the attorney assists the Client and/or the Client's family members, m any way in obtainin benefits in any fashion. Furthermore, the law firm is not obligated to prosecute, defend or a any claim and/or action by or on behalf of any health care provider, service provider r insurance company. The Client understands that this Retainer Agreement issubject to investigation. The law firm therefore, has the right to return this case to the Client at any stage. Furthermore, the Client agrees that ifany misrepresentation that has been made by client to tlie law firm at any time, the Client will sign the necessary papers to substitute the law firm out of the matter and proceed as a se" "pro (self-represented) litigant in any ongoing litigation in place of the law firm. Client: --efa Dated: 7 Law Firm by: Dated: Page 4 of 4