CONTRACT OF EMPLOYMENT AND CONSENT TO FEE SHARING (California Fires)

 

The undersigned, called “Client”, hereby employs Watts Guerra LLP, and Hansen&Miller, of Santa Rosa, CA, called “the Firms,” as my attorneys to represent me in all claims, suits, or other matters arising out of and resulting from damages suffered by me from the November 2018 Wildfires occurring in Northern California.

1.THE FIRMS’ AUTHORITY. Client fully authorizes and directs “the Firms” to manage and handle my claims as they deem proper and to investigate and prosecute them, with or without filing a lawsuit, in any manner they deem advisable. Client authorizes the Firms to deliver in my name any and all notices, receipts, authorizations, releases, pleadings and any other documents proper in and to the handling of my claims. Client authorizes the Firms to use their professional judgment and any relevant documents, records, or other information that the Firms deem necessary to the proper representation of Client. If at any time, the Firms determine, for any permissible reason, that the prosecution of Client’s claims should be discontinued, the Firms may withdraw from my representation. Client(s) understand and agree that the Firms may transmit Client(s)' protected health information electronically in the course of representing Client(s).

 

2.CLIENT’S COOPERATION. Client agrees to cooperate fully with the Firms, disclose all relevant facts and promptly advise the Firms of any change in address or telephone number, and to promptly comply with all reasonable requests of the Firms on all matters related to this contract. Client understands that failure to fully cooperate may be a basis for termination of this contract. Client agrees not to attempt on his/her part to unilaterally settle the claims made the subject of this contract. The Client will rely exclusively upon the representation of the Firms during any settlement negotiations. No settlement will be made without the Client's consent.

 

3.CONTINGENT FEE ARRANGEMENT. The Firms will assume joint responsibility for Client’s representation. In consideration of such legal services, Client hereby assigns and grants to the Firms the following percentage of any settlement, judgment, monies, interest, or property recovered: THIRTY-THREE AND 1/3 PERCENT (33 1/3%). Client consents to the Firms’ sharing these attorneys’ fees as follows: 70% to Watts Guerra LLP, and 30% to Hansen&Miller. Attorneys’ fees will be determined before repayment of expenses; that is, attorneys’ fees will be calculated based on the gross recovery, before expenses are deducted. In the event there is no recovery, Client owes the Firms nothing.

 

4.EXPENSES PAID BY THE FIRMS. The Firms agree to advance any and all reasonable expenses associated with the prosecution of client’s claim. Expenses advanced by the Firms will be repaid to them from any recoveries made. In the event no recovery is made, no repayment of expenses advanced will be required. Advanced expenses that shall be reimbursed include office expenses attributable to the representation, other than general overhead expenses. Such reimbursable office expenses shall include, but are not limited to, internal document copying and scanning,document copying and scanning performed by others, photograph, video and document imaging expenses and reproduction thereof, mileage at the rate allowed by the Internal Revenue Service, travel, and all airfare, mileage, legal research and investigation charges, long distance telephone charges,fax and electronic mail expense and postage. The reimbursable expenses will also include any and all expenses or costs paid to or for persons, entities or businesses outside the firm which are related to the representation, including but not limited to, experts and their staffs; jury consultants; specialized legal counsel for bankruptcy proceedings initiated by defendants; lien resolution services, and subrogation resolution services; interpreters;investigators; court reporters; videographers; and document imaging companies and personnel. Regardless of outcome, Client will be responsible for all medical bills and liens incurred as a result of medical treatment received, and for the satisfaction of all insurance subrogation liens. Client understands the Firms may be representing multiple clients and agrees that in representing multiple clients many of the expenses incurred are common case expenses, which are costs and expenses incurred for the benefit of multiple clients, including expert witness fees, depositions of defendants, experts, and non-party witnesses, settlement conferences, trial expenses, filing fees, copy costs, and other expenses that are incurred for purposes of influencing the outcome of multiple clients’ claims. Client agrees the expenses that I am required to reimburse if there is a recovery, include not only specific expenses for my own claim, but also my proportionate share of common case expenses involving questions of general liability for, and propagation of, the fire.

 

5.MULTIPLE CLIENTS. Client understands and agrees that the Firms may be representing more than one client in this matter and that the following aspects of joint representation have been disclosed: (1) that the Client might gain or lose some advantages if represented by separate counsel; (2) that the Firms cannot serve as an advocate for one client against another client, but must assist all clients in pursuing their common purposes; (3) that the Firms must deal impartially with every client; (4) that information received by the Firms from or on behalf of any jointly represented client concerning the matter may not be confidential or privileged as between the jointly-represented clients and may be disclosed to other jointly-represented clients as is deemed proper or necessary; (5) if a conflict arises between clients that results in the discharge or withdrawal of the Firms, the Firms might not be able to continue representing any of the clients involved; and (6) that the representation of all clients by the Firms will not necessarily expedite handling of the matter or reduce associated attorneys’ fees and expenses. Client consents to the Firms representing more than one client in this matter.

 

6.CALIFORNIA LAW AND VENUE. This agreement shall be governed by and interpreted under California substantive law, and exclusive venue and jurisdiction of any lawsuit or claim arising out of or relating to this agreement shall lie in the Superior Court of California County of Alameda. If any provision of this agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

 

7.NO SOLICITATION OF CLIENT. By signing and entering into this agreement, Client hereby affirms that Client’s case was not solicited by the Firms, the agreement is not being entered into as a result of promises of money, no promises of a successful recovery have been made to Client, and Client has freely and voluntarily entered into this agreement.