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3M Retainer

  • Sullivan Papain Block McGrath & Cannavo PC, 120 Broadway, New York, New York 10271
  • To: Client:

    This Letter of Engagement and Retainer Agreement is furnished pursuant to various Rules as promulgated by the Courts.

    SULLIVAN PAPAIN BLOCK MCGRATH & CANNAVO PC, hereinafter referred to as the “Firm”, undertakes your representation in connection with the matter(s) described below:

    The Undersigned Client(s), (hereinafter referred to as the “Undersigned”), hereby retain(s) the Firm to prosecute or adjust a claim for damages arising from personal injuries sustained as a result of hearing loss and/or tinnitus through the negligence and/or deceit of 3M Corporation and/or Aero Technologies, and the Undersigned hereby gives the Firm the exclusive right to take all legal steps to enforce the said claim.

    In consideration of the services rendered and/or to be rendered by the Firm, the Undersigned hereby agrees to pay the Firm and authorizes the Firm to endorse for the Undersigned client checks that may be paid in settlement of this claim and/or action and to retain out of said monies that come into the Firm’s hands:

    Thirty-three and one-third (33⅓) percent of the sum recovered, whether recovered by suit, settlement or otherwise.

    The Undersigned has been given the following options with respect to how such percentage shall be computed, and has made the selection of the how the percentage shall be computed as reflected by his/her checking the appropriate box and initialing on the adjacent line below:
  • 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
    Total Recovery: $100,000.00
    Less expenses and disbursements: -$10,000.00
    Less 33⅓ % of remaining $90,000.00: -$30,000.00
    Client's recovery: $60,000.00


    Option Number Two Example
    Total Recovery: $100,000.00
    Less 33⅓ % of $100,000: -$33,333.33
    Less expenses and disbursements : -$10,000.00
    Client's recovery: $56,666.67
  • 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 Medical Examination monitoring services; 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 Undersigned’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 following or similar items there shall be no deduction 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 Undersigned hereby authorizes the Firm to endorse for the Undersigned and deposit into the Firm’s escrow account any checks which may come into the Firm’s hands and which are payable to the Undersigned as a result of the above claim.

    The Undersigned has been recommended to the Firm by N/A , and he/she will assume joint responsibility. The Undersigned agrees to a division of the legal fee between the Firm and the referring lawyer who shall be paid out of our attorney’s fee and shall not affect the Undersigned’s share. The referring attorney shall receive N/A percent of our attorney fees.

    This retainer agreement does not obligate the Firm to undertake to prosecute an appeal from an adverse verdict, order or judgment entered in favor of any defendant. The prosecution of any such appeal and the terms upon which same is undertaken may be the subject of a separate retainer agreement to be negotiated by the parties.

    The retention of other attorneys in place of the Firm carries with it the obligation to immediately repay the Firm all disbursements incurred or advanced by the Firm and the right at the option of the Firm to have a fixed percentage of the ultimate recovery immediately determined as the fee of the Firm.

    After investigation made by the Firm, they have the right to return this case to the undersigned at any stage thereof.

    It is further understood and agreed by the Undersigned that this retainer neither includes nor that this Firm will represent the Undersigned for: no fault, Federal and/or State disability benefits, arbitration/litigation of no fault benefits, workers compensation benefits, litigation involving liens or rights of subrogation, appeals of any kind, supplemental proceeding to collect on or enforce any judgment or award, unless a separate agreement in writing is entered into between the Undersigned and the Firm. All liens of any kind shall be payable solely out of the Undersigned’s share of the recovery and there shall be no deduction for said items in computing the attorney’s fee. If the appointment of an Executor/Administrator or Guardian is required and/or if trust or guardianship proceedings must be initiated and/or Surrogate Court proceedings are required, in order to proceed with the underlying claim and/or lawsuit, a separate retainer agreement providing for a separate fee for such services may be required to be entered into. In addition, if proceedings need to be initiated in any court to withdraw funds deposited pursuant to an Infant Compromise Order, a separate retainer agreement providing for a separate fee for such services may be required to be entered into. Upon written request of the Firm by the Undersigned that another lawyer or law firm be retained to handle any such guardianship or Surrogate Court work, the Undersigned authorizes the Firm to pay the legal fees charged by said outside counsel as they are incurred and the Undersigned authorizes the Firm to treat such fees paid by the Firm to that outside counsel as recoverable expenses and disbursements.
  • Date: 02/16/2020
  • Date Format: MM slash DD slash YYYY
  • THIS RETAINER SHALL NOT BE EFFECTIVE UNLESS COUNTER-SIGNED BY A MEMBER OF SPBMC P.C.
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