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FILED: RICHMOND COUNTY CLERK 06/23/2022 02:23 PM INDEX NO. 150116/2012
NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 06/23/2022
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RETAINER AGREEMENT
SHIMON OAMI, M.D. agrees to retain the law firm of Keller O'Reilly & Watson, P.C.,
to represent his interests, in connection with the lawsuit commenced by Robert Valenti,
specifically the appeal served and filed by Plaintiff-Appellant to the Second Department for a
new trial. The scope of this agreement pertains solely to the appeal of the Plaintiff-Appellant,
Robert Valenti, for a new trial.
The hourly rate for allservices performed by any attorney working at Keller O'Reilly &
Watson, P.C.
The scope of work could potentially include obtaining and reviewing documents in this
matter, a review and analysis of the Record on Appeal, a review and analysis of the Appellant's
Brief, any other party brief, legal research of cases, statutes and any legal research needed for the
appeal, the preparation of a Respondent's Brief and any research necessary for the preparation of
Respondent's Brief, discussions with any experts concerning medical issues on appeal, the
preparation and review of documents, cases, and applicable law for oral argument on the Appeal.
The work may also include attorney conferences, court conferences, telephone conferences, and
appearances for the oral argument on the appeal, any adjourned or further court conferences in
the Second Department in Brooklyn, where the appeal will be heard and decided.
Additional expenses could potentially include fees for travel, further investigation, legal
research, medical research, printing fees associated with the appeal, printing fees associated with
the Respondent's Brief, court filing fees and fees for obtaining any documents needed for the
FILED: RICHMOND COUNTY CLERK 06/23/2022 02:23 PM INDEX NO. 150116/2012
NYSCEF DOC. NO. 366 RECEIVED NYSCEF: 06/23/2022
appeal and to aid in the overall defense of this case, and general/miscellaneous fees that are
anticipated to be incurred in the course of defending SHIMON OAMI, M.D.
This retainer agreement expressly DOES NOT cover the cost of any re-trialor new trial
of this matter, should the appeal be decided in favor of the Plaintiff-Appellant. In the event the
appeal is decided in favor of Plaintiff-Appellant and a new trialis ordered, the parties herein will
discuss and agree upon the terms of a new retainer agreement for the new trial fees and expenses.
In addition, this retainer agreement expressly DOES NOT cover the cost of any further or
additional appeals which may be necessary in the defense of this matter.
It isexpressly understood that Keller, O'Reilly & Watson, P.C. will bill
Certain fees charged by outside vendors referred to in this Retainer Agreement, including
experts'
fees, investigator fees, medical record retrieval fees, court reporter expenses, court filing
fees, and appellate brief printing costs, will be sent directly to SHIMON OAMI for payment.
The law firm also, as and part of itsoverall Retainer Agreement,
The above terms are agreed and accepted to by SHIMON OAMI, M.D.
Dated:
MO OAMI, M.D.