I, the undersigned client, hereby constitute, appoint and employ, Forester Haynie PLLC (“Forester Haynie”) or (“the Firm”) as my attorneys at law and in fact, to investigate, prepare and prosecute any claim or suit for personal injuries, suffered by the below-mentioned client. It is agreed as follows:FREE CASE EVALUATION. Forester Haynie will evaluate your claim at no expense to you. Forester Haynie agrees to represent you without an up-front retainer fee. You will not be required to pay any upfront case expenses. NO FEES OR EXPENSES UNLESS WE RECOVER FOR YOU. If no recovery of any money is obtained by Forester Haynie for the Client, Client will owe Forester Haynie no money for attorney fees or expenses.BASIS FOR CONTRACT. Client hereby retains Forester Haynie to represent him/her in all claims, suits, or other matters arising out of and resulting from personal injuries suffered by the client related to 3M Earplug use and against any designer, manufacturer, distributor, and/or seller of such product(s), but not against physicians or other health care providers that may have used, prescribed or administered the same. Further, unless otherwise specifically agreed in writing, the Firm is only representing Client and will not pursue claims for loss of consortium. This contract binds Client’s heirs, executors, administrators, successors and assignees, and any wards, minors or incompetents as to whom the Client is guardian, next friend or otherwise acting in a representative capacity. Client authorizes the Firm to associate co-counsel as the Firm may deem necessary and to share any fees contemplated in this contract with such co-counsel with the express understanding that associating with co-counsel will NOT increase the fees set forth below. After appropriate investigation, the Firm reserves the right to rescind this contract.CLIENT’S COOPERATION. The Client agrees to cooperate fully with Forester Haynie and to disclose all relevant facts and promptly advise the Firm of any change in address, email address or telephone number. Client consents to receiving text messages, emails, and phone calls at all numbers and addresses provided to the Firm. Client authorizes the Firm to use their professional judgment and any relevant documents, records or other information that the Firm deems necessary to the proper representation of the Client. The Client agrees to promptly comply with all reasonable requests of the Firm on all matters. The Client understands that failure to fully cooperate may be a basis for termination of this contract.
MULTIPLE CLIENTS. Client understands and agrees that Forester Haynie may represent more than one client in this matter. Client consents to the Firm representing more than one client in this matter. Frequently, drug or medical device companies may try to settle all or a portion of our clients’ cases as a group, meaning the companies may attempt to settle Client’s case along with a number of other similar cases the Firm is handling. Our settling a client’s case with a group of others will not take away each client’s right to approve or not approve his/her own settlement.CONTINGENT FEE ARRANGEMENT. Forester Haynie will assume responsibility for representation of Client. In consideration of the services rendered and to be rendered to Client, Client grants, assigns, and conveys to the Firm as reasonable attorneys’ fee an undivided interest of 40% of the gross amount recovered for handling the Client’s lawsuit. Client agrees to pay, as compensation for Attorneys’ services, forty percent (40%) of all claims or recoveries from and against all sources, persons, or entities whether actually tried before a judge or jury or settled. The fee percentage calculation will be made based on the gross recovery before deduction of any expenses. Forester Haynie's principal place of business is 1701 N. Market Street Suite 210, Dallas, Texas 75202. In the event there is no recovery client owes Firm nothing. EXPENSES PAID BY THE FIRM. The Firm agrees to advance all reasonable expenses associated with the prosecution of client’s claim. Expenses advanced by the Firm will be repaid to them, together with interest therein or the cost of credit thereon, from any recoveries made. In the event no recovery is made, no repayment of expenses advanced will be required. Client understands that Forester Haynie will do everything in its power to keep expenses in your claim as low as possible. Advanced expenses that shall be reimbursed include office expenses attributable to the representation, other than general overhead expenses. A case handling fee, anywhere from $250.00 to $750.00, may be charged in lieu of billing for reimbursable office expenses. Such reimbursable office expenses shall include, but are not limited to, internal document copying and scanning at reasonable cost, 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; Medicare/Medicaid lien, hospital lien, and subrogation resolution services; interpreters; investigators; court reporters; videographers; and document imaging companies and personnel.Client understands the Firm 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 required to be reimbursed, if there is a recovery, include not only expenses for client’s own claims, but also the common case expenses. Client further consents to the possibility of a group settlement provided there is allocation of the settlement proceeds amongst the clients based on objective factors like the nature and severity of injury, proof of causation, statute of limitations and similar grounds.COURT-ORDERED ASSESSMENTS. Pharmaceutical and medical device manufacturers defend themselves by delaying trials and creating such enormous expenses for each individual claimant as to make it unfeasible to prosecute one claim all on its own. To combat this tactic and reduce expenses for each client, Client understands and authorizes Forester Haynie to work with other attorneys all around the country to share work, information, knowledge, evidence, and experts, as well as share the expenses involved. These assessments are typically approved by and mandated by the judge overseeing a particular litigation and are known as Multidistrict Litigation (MDL) Fees or Assessments.LIENS AND THIRD PARTIES. If the client's claim includes reimbursement for medical expenses incurred in treating the injury made the basis of the claim, the client may, by contract or statute, be required to repay to the party who paid the medical expenses part or all of those amounts (i.e. subrogation). This is the client's obligation, and such repayment, if any, shall be the client's responsibility and shall be paid out of the client's settlement proceeds. If a dispute arises between the client and a subrogee or lien holder, the client agrees to allow the attorney to hold the maximum amount being claimed in an escrow account until such dispute has been resolved.POWER OF ATTORNEY. The Client hereby gives Forester Haynie, Client’s power of attorney to execute all documents connected with the claim for the prosecution of which Forester Haynie is retained, including, but not limited to, all pleadings, contracts, checks or drafts, settlement agreements, compromises and releases, verifications, dismissals, and orders and all other documents which Client could properly execute. In the event that settlement funds are recovered on behalf of Client and Client cannot be located through reasonable efforts, for a period of 90 days from the date the funds are received, Client authorizes Forester Haynie to disburse and receive from the gross settlement funds held in its trust and/or escrow account(s), the attorneys’ fees due to Client’s counsel and reimbursement for the costs and other expenses (as specified in this Agreement) that have been advanced by Forester Haynie.
NO SOLICITATION OF CLIENT AND CONSENT TO TERMS. By signing and entering this agreement, Client hereby affirms that Client’s case was not solicited by the Firm, the agreement is not being entered because of promises of money, no promises of a successful recovery have been made to Client, and Client has freely and voluntarily entered this agreement. Client has read this agreement carefully and has asked any questions before signing below. STATUTE OF LIMITATION WAIVERS. Client’s claims must be brought within a limited time period (Statute of limitations), or the legal rights at issue can be lost or barred forever. However, Forester Haynie requires adequate time to investigate Client’s claims. Prompt return of this contract is very important. Client understands, agrees, and consents that Forester Haynie shall not be required to file Client’s claim, lawsuit or to take any action to comply with any Statute of Limitations, if such Limitations period expires within 120 days of the date this signed contract is received by Forester Haynie. VENUE AND NOTICE. This contract is originated in, and is performable in, the State of Texas. It is to be governed by Texas law. In the event of any dispute arising out of this contract, Texas law shall govern that dispute. Furthermore, this contract contains all agreements of the parties. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office General Counsel will provide you with information about how to file a complaint. For information, call 1-800-932-1900.
AGREED AND APPROVED:
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Signed by Forester Haynie
Signed On: March 18, 2020
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Document Name: 3M Earplugs
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