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Litigation Engagement

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Case Name and Case Number

i.e. Smith v. Jones, Case No. 12-cv-12345

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i.e. U.S. District Court Central District of California

Litigation Retainer

Retainer

Total

For internal use only

Price:

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Corporation or LLC Name & State of Incorporation - Type "none" if no corp. or LLC **

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Engagement Agreement

This Agreement is made between Mandour & Associates, APC ("Attorney") and the company named above and if none then the individual named above ("Client" or “you”) in connection with the above referenced matter (the “Litigation”) and is effective as of the date of signing with payment.
It is important that you not discuss this case with anyone. The reasons for this are that a third party could become a witness against you, and that you could expose yourself to legal claims including, but not limited to, trade libel and intentional interference with business relations. Therefore, any further communications regarding this matter should go through our office. Please also be aware of your duty to preserve evidence. This means that you should be sure to preserve all documents and emails that are even remotely related to the litigation and we suggest that you take time now to mirror your hard drive to avoid a claim of spoliation from the other side which can damage your case. In the event an action is filed against you, you should investigate any insurance coverage as insurance companies may have a deadline to tender a claim.
We understand that you wish us to represent you in the most time efficient and cost-effective manner possible, and we will endeavor to do so. Our firm will track all time we expend on this matter and we will send you regular statements reflecting the hourly time expended during the preceding billing period. We will expect you to pay all expenses directly and we shall not be required to advance any fees on your behalf, but if we do, you will reimburse us for same promptly upon receipt of your monthly statement.
Hourly Rate Schedule: Ben T. Lila, Esq.: $ 455; Gordon E. Gray, Esq.: $ 555; Joseph A. Mandour, Esq.: $ 555.
Litigation invoices are due and payable upon receipt and no later than the 10th day of the month. It is our usual practice to require a litigation retainer before we commence litigation work for a client. Thereafter monthly fees must be paid as usual since they will not be paid from the retainer. Upon request an amount equal to the litigation retainer amount will be paid to you at the end of our representation less any amounts owed.
Signed: /Joseph A. Mandour/
President, Mandour & Associates, APC
ADDITIONAL TERMS AND CONDITIONS
HOURLY FEE CHARGES: We bill for our services on an hourly basis unless we have quoted a flat fee. Flat fees are invoiced during the month that the work is initiated. You may require us to put a flat fee in a trust account until it is earned. If so, you must notify us prior to engagement. Hourly rates may increase periodically. In the event that payment of an invoice is not received by the specified due date which is usually thirty days after issuance, all fees then accrued shall immediately become due and payable and we reserve the right to immediately cease all work until outstanding balances are paid in full. In the event that your account becomes past-due, the past-due amount will be charged to the credit card on file. If we receive payment on your behalf from a third party, you hereby waive any potential conflict of interest and thus we may accept it.
SCOPE OF SERVICES. This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client pays the retainer described herein. Our engagement is limited in scope to the litigation matter listed herein. Unless specifically requested we are not responsible for handing any other intellectual property matter. Services in any matter not described herein will require a separate written agreement. Client is informed that Attorney’s practice is limited to intellectual property law. If a company name is referenced in this engagement letter, then we are being engaged to represent that company only and not you as an individual or any other officer, partner, owner, or shareholder. We are only licensed to practice law in the United States and specifically we are licensed in the state of California and no other states.
RESPONSIBILITIES OF THE PARTIES. Attorney will provide those legal services reasonably required to represent Client in the case described herein and will take reasonable steps to keep Client informed of progress and developments, and to respond promptly to inquiries and communications. Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information and developments which may come to Client's attention, to abide by this Agreement, to pay Attorney's bills on time, and to keep Attorney advised of Client’s address, telephone number and whereabouts. Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney in all matters related to the preparation and presentation of Client's case. You also acknowledge and understand that other attorneys and paralegals may provide legal services in connection with the representation provided by this Agreement so that we can perform your work in a timely, thorough and cost-effective manner. Attorney may pay a ten to twenty percent referral fee to attorneys as is customary in the industry, at no additional cost to you. Work may be performed for the firm by independent contractors and Attorney may use or associate other attorneys in the representation of the aforesaid claims.
LEGAL FEES. Additionally, Client understands that if Client's case fails, Client may be required to pay fees and/or costs to other parties in the action. Any such award will be entirely the responsibility of Client. Litigation expenses commonly include court fees, jury fees, service of process charges, court and deposition reporters fees, photocopying and reproduction costs, notary fees, messenger and other delivery fees, postage, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultant expenses, expert witness fees, investigator fees, professional mediator fees, arbitrator and/or special master fees, trial/presentation exhibit preparation fees, and other similar items. By executing this engagement letter, you agree that we are relieved from the responsibility of performing any further work should you fail to timely pay any monthly statement for fees and expenses. Late payments incur a $75 late-payment processing fee and will bear a finance charge of 1.5% per month (18% per year). In the event that your account becomes past-due, the past-due amount will be charged to the credit card on file. Payment of invoices is for expenses and services rendered and is not contingent on the outcome of litigation. If we receive payment on your behalf from a third party, you hereby waive any potential conflict of interest and thus we may accept it. As a general rule, we stop all work for clients that are past-due.
DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time upon written notice to Attorney. Attorney may withdraw from representation of Client at will for any reason upon written notice, and reserves the right to do so immediately if Client does not make the payments required by this Agreement, if Client otherwise breaches this contract or refuses to cooperate with Attorney or to follow Attorney's advice on a material matter, or if continuing representation would be impractical, unlawful or unethical. Notwithstanding Attorney's withdrawal or Client's notice of discharge, and without regard to the reasons for the withdrawal or discharge, Client will remain obligated to pay Attorney for all fees and costs incurred prior to the termination. In the unlikely event that it becomes necessary to take legal action (including collection efforts prior to the initiation of legal action and arbitration) in order to seek recovery of past due payments of fees and costs owed to us pursuant to the terms of this agreement, it is agreed we shall be entitled to reimbursement for our time (including staff time) based on our respective hourly billing rates and all other costs and expenses incurred in such action. In no event shall the foregoing provision concern or be construed or interpreted to be applicable to any action, arbitration, or legal proceeding brought by you against us regarding or concerning any aspect of the legal services provided pursuant to this agreement, including but not limited to any action for professional negligence. This firm carries errors and omissions insurance, and in the event of any fee dispute you have a right to nonbinding arbitration of the dispute. You agree that before instituting or filing any action for professional malpractice or negligence, you shall first request mediation of the alleged dispute in southern California pursuant to the rules of Jamsadr.com (or any successor-in-interest). The prevailing party in any fee dispute shall have the right to recover reasonable attorney’s fees.
CONCLUSION OF SERVICES. When Attorney's services conclude, all unpaid charges will immediately become due and payable. Litigation retainers are earned upon receipt and are not refundable. Sales are final and cannot be cancelled after the work has been performed. We operate as a paperless office so often we do not maintain paper files. After Attorney's services conclude, upon request Client's file and property will be delivered to Client, or Client's other attorney. Whether or not you ask us to return your file to you at the conclusion of our services to you, we shall be entitled without further notice to you to dispose of your file after five (5) years from the conclusion of our services to you.
LIEN. Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney's representation under this Agreement. Attorney's lien will be for any sums owing to Attorney for any unpaid costs, or attorneys' fees, at the conclusion of Attorney's services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Attorney may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Attorney has been discharged before the end of the case. Because a lien may affect Client's property rights, Client may seek the advice of an independent lawyer of Client's own choice before agreeing to such a lien. Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and whether or not Client has chosen to consult such an independent lawyer Client agrees that Attorney will have a lien as specified above.
RECEIPT OF PROCEEDS AND POWER OF ATTORNEY. All proceeds of Client's case shall be deposited into Attorney's trust account for disbursement in accordance with the provisions of this Agreement. Attorney is hereby granted a power of attorney so that Attorney may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to conclude this representation including settlement and/or reducing to possession any and all monies or things of value due to the Client under the claim as fully as the Client could do so in person. Attorney is also authorized and empowered to act as Client’s negotiator in any and all settlement negotiations concerning the subject of this Agreement.
TAX DISCLOSURE AND ACKNOWLEDGMENT. Client is advised to obtain independent and competent tax advice regarding his or her legal matters since legal transactions can give rise to tax consequences. Client should have his or her certified public accountant or tax attorney determine if the legal work that is to be performed under this agreement has or may have tax consequences to Client or any of Client's interests. Attorney has not agreed to render any tax advice and is not responsible for any advice regarding tax matters or preparation of tax returns, or other filings, including, but not limited to, state and federal inheritance tax and income tax returns. Furthermore, Client should obtain professional help regarding the valuation and location of all assets which may be the subject of a legal matter including but not limited to pensions, employment benefits and profit sharing rights that may be controlled by any other party to the legal matter.
DISCLAIMER OF GUARANTEE. While we will advocate zealously on your behalf, we are ethically prohibited from guaranteeing the outcome of any litigation matter. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of this matter. Attorney makes no such promises or guarantees. There can be no assurance that Client will recover any sum or sums in this matter. Attorney's comments about the outcome of this matter are expressions of opinion only. Client acknowledges that Attorney has made no promise or guarantees about the outcome.
MISCELLANEOUS. This Agreement contains the entire agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them. If more than one client signs below, each agrees to be liable jointly and severally for all obligations under this agreement.