RYDER LAW FIRM

6739 Myers Road
E. Syracuse, New York 13057
ryderlawfirm@gmail.com
Phone: 315-382-3617
Fax: 315-295-2502

The Law Offices of BONNER & BONNER

475 Gate Five Road, Suite 211
Sausalito, CA 94965
Contact@BonnerLaw.com
Tel: (415) 331-3070
Fax: (415) 331-2748

 

 

 

RETAINER AGREEMENT
(CONTINGENCY FEE)

 

 

  1. CLIENT(S)    agree to hire attorneys
    THE LAW OFFICES OF BONNER & BONNER AND THE RYDER LAW FIRM
    to represent them in the following matter: BUFFALO TOPS SHOOTING.
  2. ADVERSE PARTY: GUN MANUFACTURES; PARENTS OF SHOOTERS; OTHERS
  3. DATE OF INCIDENT: May 14, 2022
  4. CONTRACT: This document (the "Agreement") is the written fee contract that New York law requires lawyers to have with their clients. We will provide legal services to you on the terms set forth below. This is only agreement. There shall be no oral agreements modifying this agreement.
  5. NEGOTIABILITY OF FEES. The rates set forth below are not set by law but are negotiable between an attorney and client(s).
  6. CLIENT(S) DUTIES. You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this Agreement, to pay our bills for costs (if any) on time, and to keep us informed of your address, telephone number and whereabouts. You agree to appear, if we so request, for all depositions and court appearances, and to generally cooperate fully with us in all matters related to the preparation and presentations of your claims.
  7. The Client hereby gives the ATTORNEYS the exclusive right to take all legal steps to enforce this claim through trial and appeal. The attorney shall have the right but not the obligation to represent the client on appeal. In consideration of the services rendered and to be rendered by the ATTORNEYS, the Client agrees to pay the ATTORNEYS and you are authorized to retain out of any moneys that may come into your hand by reason of the above claim: TWENTY-FIVE percent (25%) of the sum recovered, whether recovered by suit, settlement or otherwise. Such percentage shall be computed as follows:
    1. /___ /on the net sum recovered after deducting from the amount recovered expenses and disbursements for expert testimony and investigative or other services properly chargeable to the enforcement of the claim or prosecution of the action. 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. (Client will be billed for all expenses and disbursements as they occur. These will then be deducted from the amount of recovery before the attorney's fee is calculated.)
    2. /_X_/ on the gross sum recovered before deducting expenses and disbursements. The attorney has agreed to pay costs and expenses of the action pursuant to Judiciary Law§ 488(2)(d) on the gross sum recovered before deducting expenses and disburse­ments. (This will result in a higher fee for the attorney, but all expenses and disbursements will be deducted from client's recovery.)

      In either case, there shall be no deduction in computing such percentages for the following items: liens, assignments or claims in favor of hospitals, for medical care and treatment by doctors and nurses, or self-insurers or insurance carriers.

      If the cause of action is settled by Client without the consent of Attorney, Client agrees to pay Attorney the above percentage of the full amount of the settlement for the benefit of Client, to whomever paid or whatever called. In such circumstances the court would determine the fair value of the service. Attorney shall have, in addition, Attorney's taxable costs and disbursements. In the event the Client is represented on appeal by another attorney, Attorney shall have the option of seeking compensation on a quantum meruit basis to be determined by the court.

      EXAMPLES
      1. 25% Case settled before during mediation, arbitration, or trial.
      2. 25% if settled during Appeal Client agrees and to pay the fees of a retained Appellant Attorney and understands that fee will be in addition to fees paid to the Law Offices of Bonner & Bonner, the Jesse Ryder Law Firm and the attorneys to this agreement.
      3. CLIENT(S) UNDERSTANDS THAT ATTORNEY'S FEES are allowed, approved and ordered by the Court, pursuant to statutes, or paid by the opposing party, in certain type cases, such as EMPLOYMENT, CIVIL RIGHTS, or CLASS ACTIONS, and CLIENT(S) AGREES TO PAY ATTORNEYS THE HOURLY FEE, THE CONTINGENCY FEE (DEFINED ABOVE) OR THE COURT ORDERED, NEGOTIATED OR STATUTORY ATTORNEY’S FEES, WHICHEVER IS GREATER. Example 1: 25% Case settled after lawsuit filed, during mediation, arbitration or trial.

        Settlement Amount: $300,000.00
        Less Attorney Fees 75,000.00
        Gross Settlement: 225,000.00
        Less Costs/Expenses: 10,000.00
        Net Settlement to Cl.: $215,000.00

        Example 2. Court Ordered Attorneys’ Fees LESS THAN 25% Contingency Fee:

        Settlement Amount:  $300,000.00
        Court Ordered Attorneys’ Fees: 70,000.00 (Client Pays difference to bring up
        Attorneys’ Fees to 25% of Settlement Amount; (25% of $300,000 or $75,000.)
        Settlement Amount:  $300,000.00
        Less Attorney Fee Difference  5,000.00
        Gross Settlement  295,000.00
        Less Costs/Expenses:  10,000.00
        Net Settlement to Cl.:  $285,000.00

        Example 3. Court Ordered Attorneys’ Fees GREATER THAN 25% Contingency Fee:

        Settlement Amount:  $300,000.00
        Court Ordered Attorneys’ Fees: 100,000.00 (Client Pays difference to bring up
        Attorneys’ Fees to 25% of Settlement Amount; (25% of $300,000 or $75,000.)
        Settlement Amount:  $300,000.00
        NO Attorney Fee DUE .00
        Gross Settlement  300,000.00
        Less Costs/Expenses: 10,000.00
        Net Settlement to Cl.:  $290,000.00

      4. Client (s) agree to pay the hourly rate of associate attorneys and legal assistants as outlined below, including if Clients should discharge attorney, or attorney withdraws for good cause or attorney is paid by a negotiated fee with the opposing party or by court order. CLIENT(S) agrees to pay attorneys of BONNER & BONNER AND RYDER LAW FIRM their hourly rate, plus the hourly rate of associate attorneys and legal assistants as follows:
        1. ATTORNEY CHARLES A. BONNER..................$1000
        2. ATTORNEY CABRAL BONNER.............................$860
        3. JESSE RYDER..............................................................$850
        4. ATTORNEY ERIC SEIFERT.......................................$850
        5. ATTORNEY CAMERON JONES.............................$800
        6. LEGAL ASSISTANT CALVIN BONNER................$175
        7. LEGAL ASSISTANT ILSE WOLF.............................$175
        8. LEGAL ASSISTANT SANDRA BELTRAIN............$175
        9. LEGAL ASSISTANT MATTHEW McCULLEY.......$175
        10. LEGAL ASSISTANT TONY NGO............................$175
        11. OTHER ATTORNEYS OR LEGAL ASSISTANTS IN THIS FEE RANGE OR THE FEE RANGE THAT IS CONSISTENT WITH THE STANDARD FEE RANGE OF THE LEGAL COMMUNITY IN THE BAY AREA OR THE LEGAL COMMUNITY
  8. RETAINER FEE AND ADVANCEMENT FOR COSTS DEPOSIT. You agree to pay an initial deposit of $ 0. as a NON-REFUNDABLE RETAINER FEE TO ASSURE ATTORNEYS AVAILABILITY; and a $ 0. NON-REFUNDABLE FEE if attorney responds to a Motion for Summary Judgment. You hereby authorize us to use the deposit(s) to pay attorney's fees only. Client agrees to pay $ 0 as an ADVANCEMENT FOR COSTS, such as court filing fees, deposition costs, etc.
  9. LEGAL FEES, COSTS AND BILLING PRACTICES. We will only be compensated for legal services rendered in as set forth in this agreement. If no recovery is obtained, you still will be legally obligated to pay for costs, disbursements and expenses, as described below.
    1. NO RECOVERY NO FEE
    2. To aid in the preparation or presentation of your case, it may become necessary to hire expert witnesses, legal consultants, consultants or investigators. We will not hire such persons unless you agree to pay their fees and charges. We will select any expert witnesses, consultants or investigators to be hired. This is a cost you agree to pay.
    3. In the event of our discharge or withdrawal as provided in Paragraph 15, you agree that, upon payment of the settlement, mediation or arbitration award or judgment in your favor in this matter, we shall be entitled to be paid by you our costs and a reasonable fee for the legal services provided by us to you. Such fee shall be determined by considering the following factors:
      1. the actual number of hours expended by us in performing legal services for you:
      2. our regular hourly rate of Charles A. Bonner $1000.00 plus the hourly rate of associate attorneys and legal assistants in paragraph above.
      3. the extent to which our services have contributed to results obtained:
      4. the amount of the fee in proportion to the value of the services performed:
      5. the amount of recovery obtained:
      6. time limitations imposed on us by you or by the circumstances; and
      7. the experience, reputation and ability of our personnel performing the services.
  10. COSTS AND LITIGATION EXPENSES. You agree to pay all costs, expenses, and expenditures to be deducted from the proceeds of any settlement or award. Litigation expenses include, but are not limited to, the following: All costs, disbursements and litigation expenses associated with this matter including court fees, service of process charges, photocopy services, notary fees, attorneys time for computer-assisted legal research, long distance telephone charges, messenger and delivery fees, postage, in-office photocopying at 10 cents per page, all photocopying, deposition summarizing, hotel fees, meals outside of Marin County California and Onondaga County New York, car rentals, air fare, facsimile charges, deposition costs, parking, mileage at 20cents per mile, investigation expenses, consultants fees, including legal consultants, jury consultants, investigators fees, expert witness fees and other similar items of expenses. All costs and expenses will be charged at our costs. You understand that, as set forth in Paragraph 8, above, you may be required to make a deposit for costs before the expenditure is made by the LAW OFFICES OF BONNER & BONNER & RYDER LAW FIRM.
  11. HIRING EXPERTS: WITH PRIOR APPROVAL, Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants including legal consultants; or experts witnesses reasonably necessary in Attorney's judgment. CLIENT AGREES TO PAY THE COSTS FOR THE SERVICES OF THESE PROFESSIONALS.
  12. COURT AWARDED COSTS: In the event that an award of costs is sought from the court on your behalf in this action, you understand that the amount which the court may order as costs is the amount the court believes the party is entitled to recover, and does not necessarily determine what costs the LAW OFFICES OF BONNER & BONNER & RYDER LAW FIRM is entitled to charge its clients, or that only the costs which were allowed were reasonable and necessary for the litigation of your case. Court awarded costs are limited by statutes and do not include all the costs and expenses that are necessary and reasonable for the litigation of your case. You agree that, whether or not attorney's fees or costs are awarded by the courts in this action, you remain responsible for the payment, in full, of all unpaid attorney's fees, expenses and costs in connection with this matter.
  13. APPROVAL NECESSARY FOR SETTLEMENT. We will not make any settlement or compromise of any nature of any of your claims without your prior approval. You agree that you will not make any settlement or compromise of any nature of any of your claims without prior notice to us. Further you agree to refrain from communicating directly with opposing parties, witnesses or their attorneys.
  14. LIMITATION OF REPRESENTATION. We are representing you only on that matter described in Paragraph 2. Our representation does not include independent or related matters that may arise, including, among other things, claims for property damage, appeals, collections or judgments, workers' compensation, disputes with a health care provider about the amount owed for their services, defense of cross complaints on other matters, or claims for reimbursement (subrogation) by any insurance company for benefits paid under an insurance policy. If such matters arise later, you agree with us that this Agreement does not apply to any such related legal matters, and we will negotiate a separate Agreement if you wish to retain us for that additional legal work.
  15. DISCHARGE AND WITHDRAWAL. You may discharge us at any time, upon written notice to us, and we will immediately after receiving such notice, cease to render additional services. Such a discharge does not, however, relieve you of the obligation to pay any attorney’s fees, expenses and costs incurred prior to such termination, and we have the right to recover from you the reasonable value of our legal services rendered from the effective date of this Agreement to the date of discharge. We may withdraw from representation of you (a) with your consent, (b) upon court approval, or (c) if no court action has been filed, upon reasonable notice to you. Should you retain us following the discharge of a previous attorney(s), you shall be solely responsible for paying all the costs, expenses and attorneys’ fees incurred by such prior discharged attorney(s). You hereby agree that the Law Offices of Bonner & Bonner, Ryder Law Firm, and any associated counsel will not be responsible or obligated to pay for any costs or attorneys’ fees from any previously discharged attorney(s). This may result in you paying two (2) attorneys’ fees. Further, you hereby agree to defend, indemnify and hold harmless the Law Offices of Bonner & Bonner and Ryder Law Firm, or any associated counsel from any and all claims, demands, causes of action, lawsuits, or any legal matters whatsoever arising out of, related to, or associated with the representation of you by the Law Offices of Bonner & Bonner & Ryder Law Firm.
  16. CONCLUSION OF SERVICES. When our services conclude, all unpaid charges will immediately become due and payable. You authorize us to use any funds held in our trust account as a deposit against costs to apply to such unpaid charges. After our services conclude, we will, upon your request, deliver your file to you, along with any funds or property of yours in our possession. Our services shall terminate upon recovery, whether by settlement, arbitration award, or judgment, and the disbursement of all settlement funds.
  17. LIEN. You hereby grant us a lien on any and all claims or causes of action that are the subject of our representation under this Agreement. Our lien will be for any sum owing to us for any unpaid costs, or attorney’s fees, at the conclusion of our services. The lien will attach to any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise.
  18. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. There can be no assurances that you will recover any sum or sums in this matter. Our comments about the outcome of your matter are expressions of opinions only. You are advised to not rely on such expressions of opinions.
  19. ATTORNEY'S AUTHORITY. In connection with the claims covered by this Agreement, you hereby give us the power of attorney and authority to negotiate and execute any and all claims, deposits, orders, checks made payable to you, or jointly to you and the RYDER LAW FIRM, and other papers which you could properly execute, and to receive on your behalf any monies or other things of value to which you may be entitled because of any award or judgment recovered or any settlement received. Attorney will notify client within 24 hours, or within a reasonable period of time, of negotiating and receipt of any such monies or things of value. Attorney will promptly forward to client the balance of any such monies or things of value received of client’s behalf, less amounts owed to attorney for fees or reimbursements of costs and expenses.
  20. EFFECTIVE DATE. This Agreement will take effect when you have performed the required conditions of this agreement, but its effective date will be retroactive to the date we first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, you will be obligated to pay us the reasonable value of any and all services we may have performed for you.
  21. LIMITATION OF REPRESENTATION: This agreement covers representation only through one (1) trial, including the entry of judgment, and post-trial motions at the trial level. However, the parties may, but are not required to, later mutually agree in writing upon terms and conditions of Attorney's employment to represent CLIENT(S) on appeal or retrial.
  22. COLLECTION OF JUDGMENTS: CLIENT(S) agrees that Attorney is not obligated to collect or execute on any judgment in favor of CLIENT(S). However, the parties may, but are not required to, later mutually agree in writing upon terms and conditions of the Attorney's employment to execute on or collect any such judgment.
  23. COURT AWARDED ATTORNEYS FEES: CLIENT(S) understands and agrees that any statutory attorney's fees awarded by the Court in excess of the amount which Client is obligated to pay pursuant to paragraph 7 (a), (b) and (c) above is the property of the attorney and shall be paid to, or retained by the attorney. Further, CLIENT(S) understands that Court ordered attorney's fees may under some circumstances exceed the amount of CLIENT'S recovery. Any Court awarded attorney’s fees will be the sole property of Attorney.
  24. LOSING PARTY MUST PAY COSTS TO WINNING PARTY: CLIENT(S) acknowledges that the Attorney has advised CLIENT(S) and that CLIENT(S) understands that, should CLIENT(S) not prevail in the lawsuit or arbitration, CLIENT(S) could be required to pay Defendants' costs of suit, and if CLIENT'S suit should be found to have been "frivolous," or “meritless” CLIENT(S) could be required to pay Defendants' attorney's fees.
  25. ASSOCIATION OF ATTORNEY: WITH PRIOR APPROVAL, CLIENT(S) hereby authorize Attorney, in his discretion, to associate attorney(s). No additional obligation to CLIENT(S) for additional attorney's fees will be agreed to without CLIENT'S prior approval.
  26. ARBITRATION OF DISPUTES: CLIENT(S) and Attorney hereby agree to submit any and all disputes, including all Claims and Causes of Action, lawsuits, to binding arbitration through the American Arbitration Association or the New York State Bar. The arbitration proceeding shall include neutrality of the arbitrator, any discovery allowed by law, a written arbitrator's decision, a limitation on the costs of arbitration, and shall be pursuant to Article 75 of the NYS CPLR.
  27. CONFLICT OF INTEREST: In cases where there are multiple clients, you are hereby informed and acknowledge that a conflict of interest, real or potential, may be created, and you hereby expressly waive such conflict and consent to joint representation. Attorney shall divide costs and expenses equitably, and equally and in proportion to respective awards, judgments or settlement amounts pursuant to the power of attorney granted herein above.
  28. AGREEMENT TO NOT POST YOUR CASE ON SOCIAL MEDIA: you are hereby informed, acknowledge and agree that ANY SOCIAL MEDIA POSTING OF ANY VIDEOS, PHOTOS, COMMENTS, POSTING OF ANY KIND WHATSOEVER, may and can damage your case, limiting your ability to recover full and complete compensation for your damages. You hereby agree immediately to STOP AND TAKE DOWN any social media posting on Facebook, Twitter, emails, LinkedIn, Google, YouTube, Pinterest, Instagram, Tumblr, Reddit, Snapchat, WhatsApp, Quora or any other social media whatsoever AND to refrain from making any such social media posting on any social media network. YOU ALSO AGREE TO IMMEDIATELY INFORM THE ATTORNEYS OF ANY EXISTING SOCIAL MEDIA POSTINGS.

October 7, 2022

 

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Signature Certificate
Document name: Buffalo Contingency Retainer
lock iconUnique Document ID: 9fd96b99fb36f85129d1500522db40501b74014f
Timestamp Audit
August 2, 2022 1:29 am PDTBuffalo Contingency Retainer Uploaded by Sandra Beltran - contact@bonnerlaw.com IP 197.248.229.30
August 2, 2022 1:58 am PDTBonner Law - contact@bonnerlaw.com added by Sandra Beltran - contact@bonnerlaw.com as a CC'd Recipient Ip: 197.248.229.30
August 5, 2022 12:56 am PDTBonner Law - contact@bonnerlaw.com added by Sandra Beltran - contact@bonnerlaw.com as a CC'd Recipient Ip: 197.248.229.30