PLEASE NOTE THAT THIS RETAINER AGREEMENT DOES NOT BECOME EFFECTIVE AND AN ATTORNEY-CLIENT RELATIONSHIP IS NOT ESTABLISHED UNTIL BOTH THE ATTORNEY AND THE CLIENT HAVE SIGNED THE DOCUMENT

  1. You acknowledge that you have agreed to retain Komlossy Law, P.A. to represent you in this matter, and that you have not retained any other law firm to litigate the same matter.
  2. You understand that in order to prosecute this litigation, you must retain one or more shares of the subject company until the litigation is concluded or dismissed.
  3. You understand that Komlossy Law, P.A. has agreed to advance the costs and expenses reasonably necessary to prosecute the case and seek to recover an appropriate recovery on behalf of you and other shareholders of the company.  Typical costs and expenses include, but are not limited to, the filing fees with the court, costs to serve the summons and complaint, court costs, telephone and facsimile charges, computer research, copy and postage costs, as well as more substantial expenses such as airplane tickets, deposition costs, class notice costs, expert witness and consultant fees, trial preparation and trial costs.
  4. If the lawsuit generates a recovery or benefit for the class, we will apply to the court to have our costs and expenses reimbursed.  If there is no recovery or benefit, you will not be responsible for the costs and expenses.
  5. If there is a recovery or benefit for the class, we will seek to negotiate reasonable attorneys’ fees from defendants, or from any monetary fund recovered on behalf of you and the class, not to exceed one-third of any monetary recovery.
  6. You consent to the retention of experts, investigators, advisors  or consultants by Komlossy Law, P.A. at the sole discretion of Komlossy Law, P.A. as is deemed reasonable and necessary for the evaluation and/or prosecution of any of the claims asserted in the action.
  7. You understand that Komlossy Law, P.A. may be retained by one or more clients in this same matter governed by this Retainer Agreement, and consent to such retention.
  8. You are advised that Komlossy Law, P.A. may, at its sole discretion, may associate with other attorney(s) or law firms in order to effectively prosecute this matter, pursuant to which Komlossy Law, P.A. may seek fees, including referral fees, and you consent to such association and payment of fees.
  9. You understand that you are a representative of the potential class in prosecuting this matter, and as such are a fiduciary.  You agree to cooperate in the prosecution of the case, including providing  documents and testimony, if required, including a deposition and/or at trial.  You agree not to put your own economic interests ahead of the interests of other people in the class.  You understand as a representative plaintiff, you will undertake to adequately and fairly represent the class, and will monitor Komlossy Law, P.A. so that you have an understanding of the case.
  10. You understand that Komlossy Law, P.A. has an obligation to prosecute the case in a manner that is fair, equitable and in the best interest of the class, even if those interests diverge  from your own personal interests.  Accordingly, if there is a difference of opinion between you and Komlossy Law, P.A. on the terms of any offer of settlement which Komlossy Law, P.A. believes is fair, reasonable and in the best interests of the class with which you disagree, Komlossy Law, P.A., in its sole discretion in this difference of opinion, shall retain the right to enter into such settlement, to which you may object.
  11. You agree that if at any time the continued prosecution of this matter is not reasonably or economically feasible, including if a class is not certified in the matter or such continued prosecution is contrary to justice or standards of good faith, Komlossy Law, P.A. will be entitled to withdraw from the case and from representing you.
  12. This agreement will automatically terminate upon resolution or legal disposition of the case, whether by withdrawal, settlement, disposition by the court, jury award, arbitration award or court judgment, including the payment of attorneys’ fees and expenses.  Komlossy Law, P.A. has the right to refuse to appeal any ruling made in the action.
  13. YOU AGREE THAT KOMLOSSY LAW, P.A.  HAS MADE NO GUARANTEES TO YOU REGARDING THE OUTCOME OF THIS CASE.
  14. You have been provided with a copy of the necessary disclosures pursuant to Rule 4-1.5 attached as Exhibit A hereto.
  15. This agreement is governed by the laws of the State of Florida.  Any disputes shall be resolved exclusively through binding arbitration pursuant to the Rules of the American Arbitration Association.

[contact-form-7 id=”478″ title=”Retainer”]