Preview
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024
Exhibit “A”
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024
CONTINGENCY RETAINER AGREEMENT
TO: McCABE & MACK, LLP:
I/We hereby retain you to prosecute or adjust a claim for personal injuries sustained by
by his Father and Natural Guardian Rolfi De Leon, on the 29th day of May, 2022
through the negligence of Tamyra S. Henry or others. This retainer agreement is based on pending
investigation by McCabe & Mack LLP.
You have the exclusive right to take all legal steps to enforce the claim. I/We will not settle
this action in any manner without your written consent.
In consideration of your services you will be paid and you are authorized to retain out of any
moneys that may come into your hand by reason of the above claim:
Thirty-three and one-third (33 1/3) percent of the sum recovered, whether recovered by
judgment, settlement or otherwise.
The Client has been given the following options with respect to how such percentage shall
be computed, and has made the selection of how the percentage shall be computed as reflected by
the checking and initialing of the lines below:
Option Number One: Client Remains Liable for Repayment of All Costs and
Expenses, Regardless of the Outcome of This Matter. Percentage is computed on the net sum
recovered after deducting from the amount recovered expenses and disbursements for experts
medical testimony and investigative or other services chargeable to the enforcement of the
properly
claim or prosecution of the action;
OR
Option Number Two: The Firm Agrees to Pay and Remain Liable for All
Costs and Expenses, Regardless of the Outcome of This Matter. Percentage is computed on
the gross sum recovered before deducting expenses and disbursements. The 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.
The following reflects the financial consequences of each of the above two Options, using as
an example a case in which there is a recovery of $100,000 - and this number is used only as an example
that is easy to understand - and the expenses and disbursements in the case are $10,000:
Option Number One Example(The Client Less 33 1/3% of remaining
Remains $90,000.00 $-30,000.00
Liable for Repayment of All Costs and
Expenses, Regardless of the Outcome of This Matter):
Total recovery $100,000.00
Less expenses & disbursements: -$10,000.00
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FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024
Option Number Two Example(The Firm
Agrees to Pay and Remain Liable for All Costs and
Expenses, Regardless of the Outcome of This Matter):
Total recovery $100,000.00
Less 33 1/3% of $100,000.00 -$33,333.33
Less expenses & 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
Firm reserves the right, in its sole 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 Firm has advanced these payments, the Client understands that he
or she remains fully responsible to reimburse the Firm for such costs, expenses and disbursements.
If the Firm elects not to make payment in the first instance of some or all costs, expenses and
disbursements, the Client will advance and prepay to the 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 Firm may, in its discretion, require the Client to deposit with the
Firm a specified amount of money, as the Firm deems appropriate, in order for such costs, expenses
and disbursements to be paid. Should the Client not comply with his or her financial obligations
under Option Number One, the Client understands and agrees that such failure to comply shall
constitute good cause for the Firm to withdraw in accordance with this agreement and the
applicable rules of professional conduct.
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 consultants,
including locating and preparing expert witnesses and consultants, obtaining reports and testimony,
and related transportation, parking, mileage, meals and hotel costs; court filing fees; service of
process fees; subpoena fees; costs associated with taking depositions, including stenographer's fees,
videographer's fees and video teleconferencing costs; court reporter fees; notary fees; mediator,
arbitrator and/or special master fees; specialized medical and legal research fees; computerized
research fees; expenses for focus groups and jury consultants; photography; preparation of exhibits;
photocopying and other reproduction costs; fees and expenses of non-expert witnesses; postage and
delivery fees; travel costs, including parking, mileage, transportation, meals and hotel costs; long
distance telephone and fax charges; and all other necessary and incidental expenses and
disbursements incurred on the Client's behalf This list is not exclusive.
In computing the fee, the costs as taxed, including interest upon a judgment, shall be
deemed part of the amount recovered. For the or similar items there shall be no deduction
following
in computing such percentages: Liens, assignments or claims in favor of hospitals, for medical care
and treatment by doctors and nurses, or self-insurers or insurance carriers.
The Client understands and agrees that, without regard to whether the Client has selected
Option Number One or Option Number Two, under no circumstances will the Firm be responsible
Page -2-
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024
for the payment of any judgment that may be entered against the Client out of either the
arising
incident or the prosecution of the action, bill of costs.
including any
This retainer does not include any other claims or proceedings, appeals or any
any
arbitration or suit regarding no-fault insurance or health insurance.
Your services include advising me of the economic merits of my claim. If you at any point
determine that continued prosecution of my claim would not be of economic benefit to me or you,
you shall have the right to withdraw as counsel if I choose not to heed your advice. In that event
you shall have a right to the value of your services to date, and you will continue to protect my rights
until you are relieved as counsel.
Dated: June 16, 2022 L.S.
Rolfi DÓ Leon as ather and Natural Guardian
of
Witness: L.S.
Page -3-
Preview
FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024 Exhibit “A” FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024 CONTINGENCY RETAINER AGREEMENT TO: McCABE & MACK, LLP: I/We hereby retain you to prosecute or adjust a claim for personal injuries sustained by by his Father and Natural Guardian Rolfi De Leon, on the 29th day of May, 2022 through the negligence of Tamyra S. Henry or others. This retainer agreement is based on pending investigation by McCabe & Mack LLP. You have the exclusive right to take all legal steps to enforce the claim. I/We will not settle this action in any manner without your written consent. In consideration of your services you will be paid and you are authorized to retain out of any moneys that may come into your hand by reason of the above claim: Thirty-three and one-third (33 1/3) percent of the sum recovered, whether recovered by judgment, settlement or otherwise. The Client has been given the following options with respect to how such percentage shall be computed, and has made the selection of how the percentage shall be computed as reflected by the checking and initialing of the lines below: Option Number One: Client Remains Liable for Repayment of All Costs and Expenses, Regardless of the Outcome of This Matter. Percentage is computed on the net sum recovered after deducting from the amount recovered expenses and disbursements for experts medical testimony and investigative or other services chargeable to the enforcement of the properly claim or prosecution of the action; OR Option Number Two: The Firm Agrees to Pay and Remain Liable for All Costs and Expenses, Regardless of the Outcome of This Matter. Percentage is computed on the gross sum recovered before deducting expenses and disbursements. The 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. The following reflects the financial consequences of each of the above two Options, using as an example a case in which there is a recovery of $100,000 - and this number is used only as an example that is easy to understand - and the expenses and disbursements in the case are $10,000: Option Number One Example(The Client Less 33 1/3% of remaining Remains $90,000.00 $-30,000.00 Liable for Repayment of All Costs and Expenses, Regardless of the Outcome of This Matter): Total recovery $100,000.00 Less expenses & disbursements: -$10,000.00 Page -1- FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024 Option Number Two Example(The Firm Agrees to Pay and Remain Liable for All Costs and Expenses, Regardless of the Outcome of This Matter): Total recovery $100,000.00 Less 33 1/3% of $100,000.00 -$33,333.33 Less expenses & 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 Firm reserves the right, in its sole 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 Firm has advanced these payments, the Client understands that he or she remains fully responsible to reimburse the Firm for such costs, expenses and disbursements. If the Firm elects not to make payment in the first instance of some or all costs, expenses and disbursements, the Client will advance and prepay to the 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 Firm may, in its discretion, require the Client to deposit with the Firm a specified amount of money, as the Firm deems appropriate, in order for such costs, expenses and disbursements to be paid. Should the Client not comply with his or her financial obligations under Option Number One, the Client understands and agrees that such failure to comply shall constitute good cause for the Firm to withdraw in accordance with this agreement and the applicable rules of professional conduct. 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 consultants, including locating and preparing expert witnesses and consultants, obtaining reports and testimony, and related transportation, parking, mileage, meals and hotel costs; court filing fees; service of process fees; subpoena fees; costs associated with taking depositions, including stenographer's fees, videographer's fees and video teleconferencing costs; court reporter fees; notary fees; mediator, arbitrator and/or special master fees; specialized medical and legal research fees; computerized research fees; expenses for focus groups and jury consultants; photography; preparation of exhibits; photocopying and other reproduction costs; fees and expenses of non-expert witnesses; postage and delivery fees; travel costs, including parking, mileage, transportation, meals and hotel costs; long distance telephone and fax charges; and all other necessary and incidental expenses and disbursements incurred on the Client's behalf This list is not exclusive. In computing the fee, the costs as taxed, including interest upon a judgment, shall be deemed part of the amount recovered. For the or similar items there shall be no deduction following in computing such percentages: Liens, assignments or claims in favor of hospitals, for medical care and treatment by doctors and nurses, or self-insurers or insurance carriers. The Client understands and agrees that, without regard to whether the Client has selected Option Number One or Option Number Two, under no circumstances will the Firm be responsible Page -2- FILED: DUTCHESS COUNTY CLERK 02/07/2024 11:23 AM INDEX NO. 2024-50550 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/07/2024 for the payment of any judgment that may be entered against the Client out of either the arising incident or the prosecution of the action, bill of costs. including any This retainer does not include any other claims or proceedings, appeals or any any arbitration or suit regarding no-fault insurance or health insurance. Your services include advising me of the economic merits of my claim. If you at any point determine that continued prosecution of my claim would not be of economic benefit to me or you, you shall have the right to withdraw as counsel if I choose not to heed your advice. In that event you shall have a right to the value of your services to date, and you will continue to protect my rights until you are relieved as counsel. Dated: June 16, 2022 L.S. Rolfi DÓ Leon as ather and Natural Guardian of Witness: L.S. Page -3-