Preview
FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023
"J"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023
GOLDMAN & MAURER, LLP
Attorneys and counselors at Law
600 OLD COUNTRY ROAD., SUITE 241
GARDEN CITY, NEW YORK 11530
(516) 773-8585
FAX (516)773-6190
Ellen Wynter Maurer
Brian Scott Goldman*
* ALSOADMITIEDIN CALIFORNIA
Julie Portuguez, Paralegal
RETAINER AGREEMENT
1. Names and addresses of parties entering into agreement
THIS AGREEMENT FOR LEGAL SERVICES by and between: TRICIA O'DONOGHUE
(the Client), and GOLDMAN & MAURER, LLP, (the Law Firm) constitutes a binding legal
contract and should be reviewed carefully.
2. Nature of the services to be rendered
(a) This Retainer Agreement confirms that you have retained this firm as your attorneys
O'Donoghue"
to represent you in the defense of the matter entitled "O'Donoghue v. presently
pending in Supreme Court, Suffolk County under Index Number 618297/2023.
(b) It is further understood that: (1) The retainer fee does not include any services
rendered in Appellate Court or any actions or proceedings, other than the action for which this
office has been retained; (2) With respect to the matter which is specified above, this Retainer
Agreement and any sums paid to this firm pursuant hereto, do not cover any services relative to
. appeal or any other services which might be required following the entry of a final judgment
any
or order, including, but not limited to, such matters as enforcement or modification. Our
representation shall terminate with the entry of a final judgment in your matter, unless extended
by mutual agreement between us in writing.
( c) The client authorizes the Law Firm to take any steps which, in the sole discretion of
the firm, are deemed necessary or appropriate to protect the Client's interest in the matter.
3. Amount of the advance retainer, if any, and what it is intended to cover.
(a) In order for us to begin our representation, you have agreed to pay us, and we have
agreed to accept a retainer payment of $5,000.00. This retainer payment does not necessarily
represent the amount of the overall fee which you may incur by virtue of our services. The
1
FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023
amount of our eventual fee will be based upon our regular schedule of established hourly time
charges, along with any out-of-pocket disbursements (such as Court costs, messenger services,
transcripts of proceedings, long distance telephone calls, faxes, process service fees, mileage,
depositions and Court transcripts and excess postage) which are incurred in your behalf.
(b) The Client further understands that the hourly rates apply to all time expended
relative to the Client's matter, including but not limited to, office meetings and conferences,
telephone calls and conferences, either placed by or placed to the client, or otherwise made or
had on the Client's behalf or related to the Client's matter preparation, review and revision of
correspondence, pleadings, motions, disclosure demands and responses, affidavits and
affirmations, or any other documents, memoranda, or papers relative to the client's matter, legal
research, Court appearances, conferences, file review, preparation time, travel time, and any
other time expended on behalf of or in connection with the Client's matter.
4. The circumstances under which any portion of the advance retainer may be refunded.
Should the attorney withdraw from the case or be discharged prior to the depletion of the
attorneys'
advance retainer, the written retainer agreement shall provide how the fees and
expenses are to be determined, and the remainder of the advance retainer shall be
refunded to the client.
Notwithstanding the above, if the attorney-client relationship is terminated without your
matter having been concluded, a fair and reasonable fee would be determined in accordance with
legally accepted standards. At present, the legally recognized elements of a reasonable fee, as set
forth in the Code of Professional Responsibility, are as follows:
* labor
The time and required, the novelty and difficulty of the questions involved and
the skills requisite to perform the legal services properly.
* The if apparent
likelihood, or made known to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer. (You should know that
the Law Firm, by accepting retention as your attorney, is clearly precluded from representing the
opposing party against you.)
*
The fee customarily charged in the locality for similar legal services.
* The
amount involved and the results obtained.
*
The time limitations imposed by the client or by circumstances.
*The nature and length of the professional relationship with the client.
*The experience, reputation and ability of the lawyer or lawyers performing the services.
*
Whether the fee is fixed or contingent.
attorneys'
5. The client's right to cancel the agreement at any time and how the fee will be
determined and paid should the client discharge the attorney at any time during the
representation.
You have the absolute right to cancel this Retainer Agreement at any time. Should you
exercise this right, you will be charged only the fee expenses (time charges and disbursements)
incurred within that period, based upon the hourly rates set forth in this Retainer Agreement, and
the balance of the retainer fee, if any, will be promptly refunded to you.
2
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6. How the attorney will be paid through the conclusion of the case after the retainer is
depleted; whether the client will be asked to pay another lump sum.
(a) You agree to pay us such additional fee and to reimburse us for our advances on your
behalf that may be due from time to time not later than 30 days from the date that we shall
submit a bill to you for same. If an amount due us is not paid within 30 days after our statement
to you of the amount due, interest at the rate of 9% per annum (or interest at the prevailing
statutory rate as set forth in the Civil Practice Law and Rules shall be added to the balance due to
us.
(b) You further agree that, in the event that your retainer goes below $1,000.00, and it is
determined that substantial additional work is to performed on your behalf, the Law Firm will
request that additional monies be deposited.
7. The hourly rate of each person whose time may be charged to the client; any out of
pocket disbursements for which the client will be required to reimburse the attorney. Any
changes in such rates or fees shall be incorporated into a written agreement constituting an
amendment to the original agreement which must be signed by the client before it may take
effect.
(a) The retainer fee shall be credited toward an hourly rate of $525-09 475.00, per hour, I
expend; 475.00, per hour, for time other partners expend; $175.00, per hour, for time expended
by law clerks and/or paralegals. Please note that all work is reviewed and supervised by
Brian Goldman, Esq.
(b) The client further understands that the hourly rates apply to all time expended relative
to the client's matter, including but not limited to: office meetings, conferences in the office
and/or in Court, telephone calls, e-mails, text messages, pre-trial discovery, file review,
preparation for court appearances, drafting of legal documents, correspondence, negotiations,
legal research, court time and travel time.
( c) The time charges are billed in tenths of an hour (i.e: 6 minutes or less= .1 or $47.50).
Time for all out of-office services starts when I leave the office and continues until I return to the
office. You are billed for time I read or listen to a message, read an write and e-
every e-mail,
mail, read a text or respond to a text, and, the minimum charge for EACH of these items is
1/10th of an hour or $47.50.
(d) In addition to the foregoing, your responsibility will include direct payment or
reimbursement of this firm for disbursements advanced on your behalf, the same to include, but
not necessarily limited to, Court filing fees, recording fees, charges of process servers,
translators, travel expenses, copying costs, messenger services, necessary secretarial overtime,
transcripts and the customary fees of stenographers, referable to examinations before trial in the
event such examinations are utilized. If you pay by credit card there will be an additional 3%
fee charged to you by the credit card company.
( c) The hourly rates set forth in this Retainer Agreement will remain in effect throughout
the period of our representation for the matter set forth in this Retainer Agreement, unless
3
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changed by mutual consent of you and our firm, in which event, any modification of the hourly
rates shall be reduced to writing and signed by you and the Law Firm.
8. Frequency of itemized billing, which shall be at least every sixty days; the client may not
be charged for time spent in discussion of the bills received.
You will be billed periodically, generally each month but in no event less frequently than
every sixty (60) days. Included in the billing will be a detailed explanation of the services
rendered, by whom rendered, and the disbursements incurred by our firm in connection with
your matter. Upon receipt of our bill, you are expected to review the bill and promptly bring to
our attention any objections you may have to the bill. While we strive to keep perfectly accurate
time records, we recognize the possibility of human error, and we shall discuss with you any
objections you raise to our bill. You will not be charged for time expended in discussing with us
any aspect of the bill rendered to you.
9. Client's right to be provided with copies of correspondence and documents relating to
the case, and to be kept apprised of the status of the case.
(a) We shall keep you informed of the status of your case, and agree to explain the laws
pertinent to your situation, the available course of action, and the attendant risks. We shall
notify you promptly of any developments in your case, including Court appearances, and will be
available for meetings and telephone conversations with you, at mutually convenient times. We
do insist that appointments be made for personal visits to our offices. Copies of all papers will
be supplied to you as they are prepared (unless you request the contrary), and you will be billed a
reasonable photocopy charge (at present ten cents per page) for these materials which will be
included in your periodic billing.
10. Under what circumstances the attorney might seek to withdraw from the case for
nonpayment of fees, and the attorney's right to seek a charging lien from the Court.
(a) You are advised that if, in the judgment of this firm, we decide that there has been an
irretrievable breakdown in attorney-client relationship, or a material breach of the terms of this
Retainer Agreement, we may decide to make an application to the Court in which your action is
pending, to be relieved as your attorneys. In such event, you will be provided with notice of the
application and an opportunity to be heard. Should any fees be due and owing to this firm at the
time of our discharge, we shall have the right, in addition to any other remedy, to seek a charging
lien, i.e., a lien upon the property that is awarded to you as a result of equitable distribution in
the final order or judgment in your case.
(b) In the event that any bill from the Law Firm remains unpaid beyond a sixty (60) day
period, the Client agrees that the Law Firm may withdraw its representation, at the option of the
firm. In the event that an action is pending, and absent your consent, an application must be
made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above,
the Client acknowledges that in connection with any such withdrawal application, that the
account delinquency shall be good cause for withdrawal.
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13. Should a dispute arise concerning the attorney's fee, the client may seek arbitration,
which is binding upon both attorney and client; the attorney shall provide information
concerning fee arbitration in the event of such dispute or upon the client's request.
While we seek to avoid any fee disputes with our clients, and rarely have such disputes,
in the event such a dispute does arise, you are advised that you have the right, at your election, to
seek arbitration to resolve the fee dispute. In such event, we shall advise you in writing by
certified mail that you have thirty days from receipt of such notice in which to elect to resolve
the dispute by arbitration, and we shall enclose a copy of the arbitration rules and a form for
requesting arbitration. The decision resulting from arbitration is binding upon both you and the
Law Firm.
ADDITIONAL DISCRETIONARY PROVISIONS
1. Trial Retainer.
(a) You will be required to pay a trial retainer, approximately sixty (60) days prior to
commencement of trial. The amount of the trial retainer will be determined based on the facts
and circumstances of the case, including but not limited to: issues to be tried; whether or not
expert witnesses will testify; and the expected number of days the trial will take.
The client understands that if the case goes to trial, there is a lot of preparation that must
be done prior to the trial date, including but not limited to: drafting of opening statements,
marking pleadings, direct exam questions, cross exam questions, pre-marking exhibits,
contacting experts, etc.
The client also understands and agrees that prior to and immediately after the close of
testimony during each and every day of trial will require the attorney to perform preparation
work, prior to trial, and to reorganize and redraft the handwritten testimony and notes taken
during trial.
2. Retention of Experts.
(a) This Law Firm may engage, on your behalf, and with your prior consent, the services
of expert witnesses in connection with defense of this matter. With regard to the charges which
may be levied by such professionals, the same shall be your responsibility, either directly to such
professionals or in reimbursement of this firm.
(b) Payment to experts: You will be responsible for the costs incurred for any such
service which in some cases may have to be paid in advance depending upon the requirements of
the particular expert. No expert shall be retained without your prior approval.
3. Cancellation: You have the right to cancel this Retainer Agreement and discontinue our
services at any time, upon written notice. If the attorney-client relationship is terminated without
your matter having ben concluded, any unearned portion of the retainer fee you advanced to this
Firm shall be refunded to you, except that an administrative fee of $500.00 shall be charged
5
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023
against the client's account for costs associated with the opening and closing of the file and
related services. In the event that payment was made by credit card, the credit card processing
fee on the original charge (s) shall be deducted from your refund.
4. Outstanding Balance and Discharge or Withdrawal of Firm: Should any fees be due and
owing to this FIRM at the time of the discharge, we shall have the right, in addition to any other
remedy, to seek a charging lien (ie: a lien upon the property that is awarded to you as a result of
equity distribution in the final order or judgment in your case). In the event the FIRM retains an
attorney to collect unpaid legal fees, you shall be liable for the unpaid legal fees and reasonable
attorney's fees of 33 1/3% for the collection of the unpaid balance due, plus any and all
statutory fees allowed under law.
5. Security Interest: While we expect to be paid the fees due us in a timely fashion, in
situations where the CLIENT does not have funds readily available to pay the additional fees as
they accrue, we may, as an accommodation, agree to take a security interest in property in lieu of
immediate payment. A security interest may take the form of confession of judgment or
mortgage upon specified property. In either event, a lien will attach your property.
YOUR FAILURE TO COOPERATE AND CONSENT SHALL BE DEEMED A BASIS FOR
WITHDRAWAL, BY THE FIRM, FROM REPRESENTATION OF YOU.
6. Rate Increases: It is not possible to predict with accuracy the length of our representation of
you. In order to provide you with a degree of certainty with regard to our hourly charges, the
Firm agrees to maintain the hourly rates, set forth in this agreement, for a period of one (1) year.
After one year, the Firm shall have the right to increase such rates, but not more than twenty
percent (20%) per year. Any increase in rates shall be set forth in an amended written retainer
agreement signed by you and the FIRM.
7. Tax Advice: The CLIENT acknowledges that he/she has been advised that our representation
doesn't include rendering tax advice to you; and that the CLIENT has been advised to seek such
advice from an accountant or other financial adviser.
8. Other Attorneys in Firm rendering services. (a) The client understand that no one
particular member of the Law Firm is being retained, but, rather, the Law Firm, as an entity, is
undertaking legal representation of the client pursuant to this Retainer Agreement and that the
Law Firm reserves the right to assign and delegate all aspects of such representation as the Law
Firm, in its sole discretion, deems appropriate.
(b) Such assignment and delegation may include, but is not limited to, preparation of
pleadings, motions, disclosure
Preview
FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 "J" EXHIBIT FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 GOLDMAN & MAURER, LLP Attorneys and counselors at Law 600 OLD COUNTRY ROAD., SUITE 241 GARDEN CITY, NEW YORK 11530 (516) 773-8585 FAX (516)773-6190 Ellen Wynter Maurer Brian Scott Goldman* * ALSOADMITIEDIN CALIFORNIA Julie Portuguez, Paralegal RETAINER AGREEMENT 1. Names and addresses of parties entering into agreement THIS AGREEMENT FOR LEGAL SERVICES by and between: TRICIA O'DONOGHUE (the Client), and GOLDMAN & MAURER, LLP, (the Law Firm) constitutes a binding legal contract and should be reviewed carefully. 2. Nature of the services to be rendered (a) This Retainer Agreement confirms that you have retained this firm as your attorneys O'Donoghue" to represent you in the defense of the matter entitled "O'Donoghue v. presently pending in Supreme Court, Suffolk County under Index Number 618297/2023. (b) It is further understood that: (1) The retainer fee does not include any services rendered in Appellate Court or any actions or proceedings, other than the action for which this office has been retained; (2) With respect to the matter which is specified above, this Retainer Agreement and any sums paid to this firm pursuant hereto, do not cover any services relative to . appeal or any other services which might be required following the entry of a final judgment any or order, including, but not limited to, such matters as enforcement or modification. Our representation shall terminate with the entry of a final judgment in your matter, unless extended by mutual agreement between us in writing. ( c) The client authorizes the Law Firm to take any steps which, in the sole discretion of the firm, are deemed necessary or appropriate to protect the Client's interest in the matter. 3. Amount of the advance retainer, if any, and what it is intended to cover. (a) In order for us to begin our representation, you have agreed to pay us, and we have agreed to accept a retainer payment of $5,000.00. This retainer payment does not necessarily represent the amount of the overall fee which you may incur by virtue of our services. The 1 FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 amount of our eventual fee will be based upon our regular schedule of established hourly time charges, along with any out-of-pocket disbursements (such as Court costs, messenger services, transcripts of proceedings, long distance telephone calls, faxes, process service fees, mileage, depositions and Court transcripts and excess postage) which are incurred in your behalf. (b) The Client further understands that the hourly rates apply to all time expended relative to the Client's matter, including but not limited to, office meetings and conferences, telephone calls and conferences, either placed by or placed to the client, or otherwise made or had on the Client's behalf or related to the Client's matter preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to the client's matter, legal research, Court appearances, conferences, file review, preparation time, travel time, and any other time expended on behalf of or in connection with the Client's matter. 4. The circumstances under which any portion of the advance retainer may be refunded. Should the attorney withdraw from the case or be discharged prior to the depletion of the attorneys' advance retainer, the written retainer agreement shall provide how the fees and expenses are to be determined, and the remainder of the advance retainer shall be refunded to the client. Notwithstanding the above, if the attorney-client relationship is terminated without your matter having been concluded, a fair and reasonable fee would be determined in accordance with legally accepted standards. At present, the legally recognized elements of a reasonable fee, as set forth in the Code of Professional Responsibility, are as follows: * labor The time and required, the novelty and difficulty of the questions involved and the skills requisite to perform the legal services properly. * The if apparent likelihood, or made known to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (You should know that the Law Firm, by accepting retention as your attorney, is clearly precluded from representing the opposing party against you.) * The fee customarily charged in the locality for similar legal services. * The amount involved and the results obtained. * The time limitations imposed by the client or by circumstances. *The nature and length of the professional relationship with the client. *The experience, reputation and ability of the lawyer or lawyers performing the services. * Whether the fee is fixed or contingent. attorneys' 5. The client's right to cancel the agreement at any time and how the fee will be determined and paid should the client discharge the attorney at any time during the representation. You have the absolute right to cancel this Retainer Agreement at any time. Should you exercise this right, you will be charged only the fee expenses (time charges and disbursements) incurred within that period, based upon the hourly rates set forth in this Retainer Agreement, and the balance of the retainer fee, if any, will be promptly refunded to you. 2 FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 6. How the attorney will be paid through the conclusion of the case after the retainer is depleted; whether the client will be asked to pay another lump sum. (a) You agree to pay us such additional fee and to reimburse us for our advances on your behalf that may be due from time to time not later than 30 days from the date that we shall submit a bill to you for same. If an amount due us is not paid within 30 days after our statement to you of the amount due, interest at the rate of 9% per annum (or interest at the prevailing statutory rate as set forth in the Civil Practice Law and Rules shall be added to the balance due to us. (b) You further agree that, in the event that your retainer goes below $1,000.00, and it is determined that substantial additional work is to performed on your behalf, the Law Firm will request that additional monies be deposited. 7. The hourly rate of each person whose time may be charged to the client; any out of pocket disbursements for which the client will be required to reimburse the attorney. Any changes in such rates or fees shall be incorporated into a written agreement constituting an amendment to the original agreement which must be signed by the client before it may take effect. (a) The retainer fee shall be credited toward an hourly rate of $525-09 475.00, per hour, I expend; 475.00, per hour, for time other partners expend; $175.00, per hour, for time expended by law clerks and/or paralegals. Please note that all work is reviewed and supervised by Brian Goldman, Esq. (b) The client further understands that the hourly rates apply to all time expended relative to the client's matter, including but not limited to: office meetings, conferences in the office and/or in Court, telephone calls, e-mails, text messages, pre-trial discovery, file review, preparation for court appearances, drafting of legal documents, correspondence, negotiations, legal research, court time and travel time. ( c) The time charges are billed in tenths of an hour (i.e: 6 minutes or less= .1 or $47.50). Time for all out of-office services starts when I leave the office and continues until I return to the office. You are billed for time I read or listen to a message, read an write and e- every e-mail, mail, read a text or respond to a text, and, the minimum charge for EACH of these items is 1/10th of an hour or $47.50. (d) In addition to the foregoing, your responsibility will include direct payment or reimbursement of this firm for disbursements advanced on your behalf, the same to include, but not necessarily limited to, Court filing fees, recording fees, charges of process servers, translators, travel expenses, copying costs, messenger services, necessary secretarial overtime, transcripts and the customary fees of stenographers, referable to examinations before trial in the event such examinations are utilized. If you pay by credit card there will be an additional 3% fee charged to you by the credit card company. ( c) The hourly rates set forth in this Retainer Agreement will remain in effect throughout the period of our representation for the matter set forth in this Retainer Agreement, unless 3 FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 changed by mutual consent of you and our firm, in which event, any modification of the hourly rates shall be reduced to writing and signed by you and the Law Firm. 8. Frequency of itemized billing, which shall be at least every sixty days; the client may not be charged for time spent in discussion of the bills received. You will be billed periodically, generally each month but in no event less frequently than every sixty (60) days. Included in the billing will be a detailed explanation of the services rendered, by whom rendered, and the disbursements incurred by our firm in connection with your matter. Upon receipt of our bill, you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectly accurate time records, we recognize the possibility of human error, and we shall discuss with you any objections you raise to our bill. You will not be charged for time expended in discussing with us any aspect of the bill rendered to you. 9. Client's right to be provided with copies of correspondence and documents relating to the case, and to be kept apprised of the status of the case. (a) We shall keep you informed of the status of your case, and agree to explain the laws pertinent to your situation, the available course of action, and the attendant risks. We shall notify you promptly of any developments in your case, including Court appearances, and will be available for meetings and telephone conversations with you, at mutually convenient times. We do insist that appointments be made for personal visits to our offices. Copies of all papers will be supplied to you as they are prepared (unless you request the contrary), and you will be billed a reasonable photocopy charge (at present ten cents per page) for these materials which will be included in your periodic billing. 10. Under what circumstances the attorney might seek to withdraw from the case for nonpayment of fees, and the attorney's right to seek a charging lien from the Court. (a) You are advised that if, in the judgment of this firm, we decide that there has been an irretrievable breakdown in attorney-client relationship, or a material breach of the terms of this Retainer Agreement, we may decide to make an application to the Court in which your action is pending, to be relieved as your attorneys. In such event, you will be provided with notice of the application and an opportunity to be heard. Should any fees be due and owing to this firm at the time of our discharge, we shall have the right, in addition to any other remedy, to seek a charging lien, i.e., a lien upon the property that is awarded to you as a result of equitable distribution in the final order or judgment in your case. (b) In the event that any bill from the Law Firm remains unpaid beyond a sixty (60) day period, the Client agrees that the Law Firm may withdraw its representation, at the option of the firm. In the event that an action is pending, and absent your consent, an application must be made to the Court for such withdrawal. Where the fee is unpaid for the period set forth above, the Client acknowledges that in connection with any such withdrawal application, that the account delinquency shall be good cause for withdrawal. 4 FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 13. Should a dispute arise concerning the attorney's fee, the client may seek arbitration, which is binding upon both attorney and client; the attorney shall provide information concerning fee arbitration in the event of such dispute or upon the client's request. While we seek to avoid any fee disputes with our clients, and rarely have such disputes, in the event such a dispute does arise, you are advised that you have the right, at your election, to seek arbitration to resolve the fee dispute. In such event, we shall advise you in writing by certified mail that you have thirty days from receipt of such notice in which to elect to resolve the dispute by arbitration, and we shall enclose a copy of the arbitration rules and a form for requesting arbitration. The decision resulting from arbitration is binding upon both you and the Law Firm. ADDITIONAL DISCRETIONARY PROVISIONS 1. Trial Retainer. (a) You will be required to pay a trial retainer, approximately sixty (60) days prior to commencement of trial. The amount of the trial retainer will be determined based on the facts and circumstances of the case, including but not limited to: issues to be tried; whether or not expert witnesses will testify; and the expected number of days the trial will take. The client understands that if the case goes to trial, there is a lot of preparation that must be done prior to the trial date, including but not limited to: drafting of opening statements, marking pleadings, direct exam questions, cross exam questions, pre-marking exhibits, contacting experts, etc. The client also understands and agrees that prior to and immediately after the close of testimony during each and every day of trial will require the attorney to perform preparation work, prior to trial, and to reorganize and redraft the handwritten testimony and notes taken during trial. 2. Retention of Experts. (a) This Law Firm may engage, on your behalf, and with your prior consent, the services of expert witnesses in connection with defense of this matter. With regard to the charges which may be levied by such professionals, the same shall be your responsibility, either directly to such professionals or in reimbursement of this firm. (b) Payment to experts: You will be responsible for the costs incurred for any such service which in some cases may have to be paid in advance depending upon the requirements of the particular expert. No expert shall be retained without your prior approval. 3. Cancellation: You have the right to cancel this Retainer Agreement and discontinue our services at any time, upon written notice. If the attorney-client relationship is terminated without your matter having ben concluded, any unearned portion of the retainer fee you advanced to this Firm shall be refunded to you, except that an administrative fee of $500.00 shall be charged 5 FILED: SUFFOLK COUNTY CLERK 10/25/2023 04:42 PM INDEX NO. 618297/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 10/25/2023 against the client's account for costs associated with the opening and closing of the file and related services. In the event that payment was made by credit card, the credit card processing fee on the original charge (s) shall be deducted from your refund. 4. Outstanding Balance and Discharge or Withdrawal of Firm: Should any fees be due and owing to this FIRM at the time of the discharge, we shall have the right, in addition to any other remedy, to seek a charging lien (ie: a lien upon the property that is awarded to you as a result of equity distribution in the final order or judgment in your case). In the event the FIRM retains an attorney to collect unpaid legal fees, you shall be liable for the unpaid legal fees and reasonable attorney's fees of 33 1/3% for the collection of the unpaid balance due, plus any and all statutory fees allowed under law. 5. Security Interest: While we expect to be paid the fees due us in a timely fashion, in situations where the CLIENT does not have funds readily available to pay the additional fees as they accrue, we may, as an accommodation, agree to take a security interest in property in lieu of immediate payment. A security interest may take the form of confession of judgment or mortgage upon specified property. In either event, a lien will attach your property. YOUR FAILURE TO COOPERATE AND CONSENT SHALL BE DEEMED A BASIS FOR WITHDRAWAL, BY THE FIRM, FROM REPRESENTATION OF YOU. 6. Rate Increases: It is not possible to predict with accuracy the length of our representation of you. In order to provide you with a degree of certainty with regard to our hourly charges, the Firm agrees to maintain the hourly rates, set forth in this agreement, for a period of one (1) year. After one year, the Firm shall have the right to increase such rates, but not more than twenty percent (20%) per year. Any increase in rates shall be set forth in an amended written retainer agreement signed by you and the FIRM. 7. Tax Advice: The CLIENT acknowledges that he/she has been advised that our representation doesn't include rendering tax advice to you; and that the CLIENT has been advised to seek such advice from an accountant or other financial adviser. 8. Other Attorneys in Firm rendering services. (a) The client understand that no one particular member of the Law Firm is being retained, but, rather, the Law Firm, as an entity, is undertaking legal representation of the client pursuant to this Retainer Agreement and that the Law Firm reserves the right to assign and delegate all aspects of such representation as the Law Firm, in its sole discretion, deems appropriate. (b) Such assignment and delegation may include, but is not limited to, preparation of pleadings, motions, disclosure