By this Agreement (this “Agreement”), (“Client”) employs Cracken LLP (“Cracken”), DeWald Deaver LʹHeureux PC LLO (“DeWald”), DMH Law PA (“Homolka”), and Watts Guerra LLC (“Watts,” and together with Cracken, DeWald, and Homolka the “Firms”) to serve as Client’s attorneys for the sole purpose of prosecuting Client’s claims against those persons and entities responsible for the manufacture and distribution of Paraquat to which Client was exposed and which caused Client’s related injuries (collectively, Client’s “Claims”); provided, Client’s Claims exclude Client’s claims, if any, against Client’s healthcare providers.
1. FIRMS WILL ADVANCE THEIR LEGAL SERVICES AND EXPENSES IN CONNECTION WITH PROSECUTING CLIENT’S CLAIMS; AND, IF CLIENT MAKES NO RECOVERY, THEN CLIENT WILL OWE FIRMS NOTHING; FIRMS’ FEES AND EXPENSES WILL BE PAID FROM CLIENT’S RECOVERY OR NOT AT ALL; CLIENT CANNOT AND WILL NOT OWE FIRMS ANYTHING, UNLESS CLIENT MAKES A RECOVERY.
2. All monies and anything else of monetary value recovered by Client in connection with Firms’ prosecution of Client’s Claims will be termed Client’s “Gross Recovery;” and Client’s Gross Recovery will be determined before any set-off, including, but not limited to, a set-off for Firms’ Fees and Expenses.
3. As consideration for Firms’ legal services and from Client’s recovery, alone, Client will (a) pay Firms 40% of Client’s Gross Recovery as Firms’ attorney’s fees (the “Firms’ Fees”), (b) reimburse Firms’ expenses in connection with prosecuting Client’s Claims (the “Firms’ Expenses”), and (c) grant Firms a contractual lien on Client’s Gross Recovery in the amount of Firms’ Fees and Expenses; Firms may assert the contractual lien as necessary to secure payment of Firms’ Fees and Expenses.
4. Firms’ Fees are not set by law; instead, they are negotiable between Client and Firms.
5. Firms have entered into one or more master joint representation agreements detailing their respective rights and obligations in connection with their joint representation of clients with Claims, including Client; the agreement(s) will be termed the “Firms’ Agreements”; Firms will jointly represent Client pursuant to Rule 1.04(f) of the Texas Disciplinary Rules of Professional Conduct; WATTS WILL SERVE AS LEAD COUNSEL; and, Cracken, DeWald, and Homolka will serve as associate counsel; Client consents to and ratifies Firms’ Agreements, in its original form and if amended then as amended; Firms will share Firms’ Fees in the following manner: 9.00% to Cracken, 10.00% to DeWald, 1.50% to Homolka, and 19.50% to Watts; provided, these percentages will vary based upon set-offs detailed in Firms’ Agreements, which agreements Client may request and review at any time.
6. Firms will advance Firms’ Expenses, including, but not limited to, arbitration and arbitrator services, consulting and testifying expert witness services, court reporter services, delivery charges, demonstrative evidence production, document management and production services, filing fees, focus group/jury consultant services, information technology services, language interpretation and translation services, lien resolution services, litigation software and related services, mediation and mediator services, healthcare care and healthcare equipment for Client (though Firms are under no obligation to pay for these), healthcare review of Client’s past and present healthcare history, private investigative services, consulting and/or testifying experts (and their expenses), specialized legal services (including, but not limited to, bankruptcy counsel, probate counsel, etc.), and travel. Firms jointly represent multiple clients with claims similar to Client’s Claims; Firms will incur and pay some expenses unique to Client’s Claims (“Unique Expenses”) and other expenses common to all clients’ claims (“Common Expenses”). Firms will determine a reasonable manner in which to allocate their Common Expenses among their clients, including Client, and allocate to each client, including Client, a share of Firms’ Common Expenses; then, from Client’s Gross Recovery, Client will reimburse Firms for both Client’s Unique Expenses and Client’s share of Firms’ Common Expenses (combined, the “Firms’ Expenses”).
7. Client alone is obligated to pay for Client’s healthcare care, equipment, and liens. Firms may be required to pay from Client’s share of Client’s Gross Recovery certain valid third-party claims or property interests, including, but not limited to, valid federal, state, and other healthcare assignments and liens.
8. Firms may deliver to any person or entity any data, including, but not limited to, Client’s confidential and privileged healthcare data, which delivery Firms deem reasonable and necessary in connection with prosecuting Client’s Claims.
9. Firms may at any time withdraw from Client’s representation by delivering written notice of same to Client at Client’s last known email and/or street address.
10. Any or all of Client or Firms may sign this Agreement by electronic means, and an electronic signature is admissible, enforceable, and valid in every respect and for all purposes.
11. Firms may at any time, from time to time, and by any means communicate with Client during and after their representation of Client, whether by email, telephone call, text message, robocall, or any other communication technology.
12. This Agreement is binding upon Client and Firms, as well as their respective administrators, agents, assigns, executors, heirs, representatives, and successors.
13. Client will fully and promptly cooperate with Firms in their prosecution of Client’s Claims.
14. Client has not employed any attorney other than Firms to prosecute Client’s Claims, and Client will not employ any attorney other than Firms to prosecute Client’s Claims, unless Client discharges Firms or Firms withdraw from Client’s representation.
15. Client may discharge Firms at any time with or without cause. If Client so discharges Firms, then Firms will, upon Client’s written request to Firms, deliver to Client a copy of Client’s file and any other Client property maintained by Firms, withdraw from Client’s representation, and assert a contractual lien on Client’s Gross Recovery to recover Firms’ Fees and Expenses.
16. Firms represent many clients with Claims. If Firms determine to litigate Client’s Claims, Firms may litigate Client’s Claims in an individual case or with some or all of Firms’ other clients in a multi-client case. Firms’ joint representation of multiple clients presents advantages and disadvantages to Client. Firms cannot serve as an advocate for one jointly-represented client against another jointly-represented client. Firms must assist all jointly-representedclients in pursuing their common purposes. Firms must deal impartially with every jointly-represented client. Information received by Firms from or on behalf of any jointly-represented client may not be confidential or privileged between Client and another jointly-represented client. If a conflict arises between jointly-represented clients that results in the discharge or withdrawal of Firms, Firms may be unable to represent any of the jointly-represented clients involved in the conflict. Even though Firms’ representation of multiple clients may not expedite the resolution of Client’s Claims, increase Client’s Gross Recovery, if any, or decrease Firms’ Expenses reimbursable by Client, Client consents to Firms’ joint representation of multiple clients, including Client.
17. If Client agrees to a resolution, then Client will fully and promptly execute and return to Firms all documents required to resolve Client’s Claims. Upon receipt of funds in connection with resolving Client’s Claims, Firms will pay the funds to those persons and entities entitled to same, including Client, Firms, and third parties with a valid claim to the funds.
18. ANY DISPUTE BETWEEN ANY COMBINATION OF CLIENT, ON THE ONE HAND, AND ONE OR MORE OF FIRMS AND/OR THEIR ATTORNEYS, ON THE OTHER, IN ANY WAY ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, A DISPUTE IN CONNECTION WITH WHETHER THIS PROVISION IS APPLICABLE TO A DISPUTE, WILL BE DETERMINED BY A BINDING, CONFIDENTIAL, INDIVIDUAL, MANDATORY ARBITRATION DECIDED BY A SOLE ARBITRATOR; provided, any party to a dispute may file an action in any court of competent jurisdiction to enforce this arbitration provision; and, if a party to a dispute fails to submit to arbitration following the filing, then the party failing to do so will bear the other party’s reasonable attorney’s fees and expenses paid in connection with compelling arbitration. Except to enforce this arbitration provision, Client and Firms waive their respective rights to prosecute their disputes in court and waive their respective rights to have their disputes decided by a judge or jury. As used here, “individual” arbitration means that no party to an arbitration may prosecute class claims, mass claims, or request relief on behalf of anyone other than the parties to the arbitration; the sole arbitrator will be appointed by JAMS office located in Dallas County, Texas; and, the sole arbitrator will be a retired federal or state judge who resides in Dallas County, Texas. The sole arbitrator will decide all matters in connection with the arbitration, and each arbitration will be administered and decided by the sole arbitrator according to the then-in-effect JAMS Streamlined Arbitration Rules and Procedures and JAMS Videoconferencing Guide (“JAMS Rules”). To the extent there is any variance between the JAMS Rules and any provision in this Agreement, this Agreement will control. Each arbitration proceeding will occur over videoconferencing technology as determined by the sole arbitrator, including, but not limited to, Zoom; provided, Client may request one or more in-person proceedings in connection with the arbitration, and if Client does so, then the in-person proceedings will occur in either in Dallas County, Texas, or such other location as the sole arbitrator determines to be reasonably convenient to the parties to the arbitration. Unless Client objects, Firms will pay both JAMS and the sole arbitrator their respective fees and expenses in connection with the arbitration, so Client is not burdened with same; otherwise, each party to the arbitration will bear its own expenses, including, but not limited to, attorney’s fees, in connection with the arbitration. Client and Firms are participating in transactions involving interstate commerce; the Federal Arbitration Act (“Act”) will control the construction and enforcement of this provision and each related arbitration; provided, to the extent the Act does not address an issue in connection with this provision and/or a related arbitration, Texas law (excluding its choice-of-law rule) will control the issue. Client waives any and all of Client’s rights to another method of dispute resolution, including, but not limited to, non-binding arbitration and/or a trial to a judge or jury pursuant to applicable state law. All statutes of limitations applicable to a dispute will apply to the arbitration in connection with the dispute; and, this provision will survive termination of this Agreement.
19. Texas law (excluding its choice-of-law rule) will control the construction and enforcement of this Agreement.
20. Firms will retain Client’s file for five years after Firms’ representation of Client ends; and, Client may obtain a complete copy of same upon presenting a written request to Firms. At the end of the five years, Firms may destroy Client’s file.
21. Client was not solicited improperly by any of Firms or any of their agents. Client did not enter into this Agreement as a result of any promise made by anyone, other than those promises detailed in this Agreement. Client has had ample opportunity to present this Agreement to an attorney independent of Firms and selected by Client for the purpose of getting legal advice in connection with this Agreement and Firms’ Agreements. Client is under no pressure to enter into this Agreement.
22. Firms may render all, or substantially all, of their legal services to Client outside Client’s state of residency, including, but not limited to, in Puerto Rico and Texas. Similarly, all of Firms’ attorneys rendering legal services to Client may be licensed in one or more states outside Client’s state of residency. Similarly, Firms may prosecute Client’s Claims in federal or state court outside Client’s state of residency. Client has no desire to constrain Firms to prosecute Client’s Claims in Client’s state of residency or staff Client’s Claims with any attorney licensed in Client’s state of residency.
23. If any provision in this Agreement is determined by an arbitrator or court to be unenforceable, the balance of the provisions in this Agreement will be preserved and enforced.
24. If Client, on the one hand, or Firms, on the other, believe the other party is in breach of this Agreement, the party that alleges the breach must give prompt written notice of same to the last known email or mailing address of the party accused of the breach, so the latter may cure same. In the absence of prompt written notice, the party that alleges the breach will be deemed to have waived the breach in every respect, for all times, and for all purposes.
25. The State Bar of Texas investigates and prosecutes professional misconduct by Texas attorneys. Although not every complaint against or dispute with an attorney involves professional misconduct, the State Bar's Office of Chief Disciplinary Counsel will provide Client with information about how to file a complaint; call 1-800-932-1900 toll-free for more information.
26. THIS AGREEMENT WILL NOT BE IN EFFECT AND FIRMS WILL NOT REPRESENT CLIENT FOR ANY PURPOSE UNLESS AND UNTIL BOTH CLIENT AND FIRMS APPROVE AND ACCEPT THIS AGREEMENT, AS EVIDENCED BY THEIR RESPECTIVE SIGNATURES BELOW.
27. Other than Firms’ Agreements, this Agreement embodies the entire agreement between Client, on the one hand, and Firms, on the other, with respect to Firms prosecuting Client’s Claims and supersedes and cancels all prior conflicting oral or written agreements between Client, on the one hand, and Firms, on the other.
APPROVED and ACCEPTED on this the 12345678910111213141516171819202122232425262728293031 DAY OF JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember, 2021.
FOR CLIENT
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Client DOB
Client’s Street Address
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Client’s Phone Number
Client’s Email Address
FOR CHILDREN
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WATTS GUERRA LLC Mikal C. Watts Attorney at Law (licensed in Texas) Millennium Park Plaza Suite 410, CLL 2 Guaynabo, PR 00966
AUTHORIZED SIGNATORY ON BEHALF OF EACH AND ALL OF CRACKEN, DEWALD, HOMOLKA, WATTS, AND THEIR RESPECTIVE ATTORNEYS
