Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

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I Case 3:00-cv-00435-JCH Document 156 Filed 10/12/2004 Page 3 of 3 I
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I , .
I iggl,. SCi`1UCI11l01`1`l & Associates Attorneys At Law
I 97 Oak Street I leiartford, CT I 06l06—15l5 Teleplioiie: (860) 278-3500 -
I ,
I CIVIL RIGHTS FEE AGREEMENT-—MODIFIED CONTINGENCY I
The clients,Dante DeLoreto, Lewis DeLgreto & Carolyn DeLoreto, of
Wethersfield, Connecticut, retain Attorney Jon L. Schoenhorn & Associates
(hereinafter "Attorneys") and any attorneys they may associate with to I
provide legal services in pursuit of a claim arising out of civil rights & ,
constitgtional violations arising out of an incident that occurred on or
about August 28, 1997 at 33 Maxwell Drive, in the Town of Wethersfield,
involving Wethersfield Police penidng in Dgcket No.
3:00cv435(SRU)(DeLoreto v. Whipple), and agrees to provide such services
faithfully and with due diligence.
The Client will pay a nonrefundable retainer of $5000.00 prior to the
initiation of any representation by the attorneys. `Any further legal
compensation is to be paid only upon the contingency that the client
receives an amount in recovery or settlement from any or all the
defendants.
The minimum fee shall be 40 % of the amount of any recovery or
settlement or the nonrefundable retainer mentioned above, whichever is
greater. The percentage is to apply to the full amount of the recovery or ,
- settlement before deducting disbursements. The clients shall in any event I
‘ be liable to the attorneys for all reasonable expenses and disbursements,
_ whatever the outcome. In this regard, clients agree to pay $l000.00 in
advance for anticipated costs and expenses prior to commencement of ,
·litigation. These funds will be maintained in the attorneys' client I
escrow account. I
Attorne Jon Schoenhorn has represented to the clients, and the
clients understand, that due to the great uncertainties of civil rights I
litigation the prospects of recovering the minimum fee would not be
sufficient to induce him to handle this matter without the additional
possibility of recovering a reasonable fee for the time he expends under
42 U.S.C. 51988. The clients agree that if this matter proceeds to trial
and a judgment is obtained in favor of any of the clients, the attorneys
will petition the court for a separate award of attorneys' fees at
standard hourly rates. In the event the matter is settled by agreement
with the defendant, the attorney shall endeavor to negotiate separately an
amount for attorneys' fees.
In the event that fees are awarded by the court, or agreed as part of
a settlement, to be paid by any defendant, all of such fees shall be paid ·
directly to the attorney and shall belong to him. All sums so received `
shall be credited against the minimum fee and the attorney shall receive I
from the clients only such additional sums as may exceed the minimum fee.
The amount of court awarded or agreed upon fees to be paid by the
defendants shall only be included as part of the recovery or settlement
for purposes of calculating the contingency fee, if 40 % of the total
exceeds the total amount of fees awarded. In the event the fees paid by .`
the defendants exceed the minimum fee, the entire amount so awarded shall
belong to the attorneys. Separate fee rates shall be charged for all time
spent on the matter by Attorney Schoenhorn, attorney associates, law
clerks and paralegals.
The attorney and the clients recognize the possibility that a
defendant may offer to settle the claim by paying compensation to the
client while insisting on a waiver of any separate claim for attorney's
fees. If, in order to negotiate a settlement of the case with a I
defendant, the client wishes to reduce or eliminate the attorney's fees to
be paid by the defendant, the client may do so. However, in that event
the clients will then be responsible for paying the greater of either the
minimum fee or the attorneys’ fees which might have been awarded under 42
U.S.C. §l988, computed by multiplying the reasonable amount of hours spent
by each attorney, paralegal and law student who worked on the case by the I
market rate for that person's services at the time of the settlement, with
no reductions or enhancements.
I HAVE READ THE ABOVE AGREEMENT BEFORE SIGNING IT AND HAVE RECEIVED A
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