Free Memorandum - District Court of Arizona - Arizona

Case 2:02-cv-02639-SRB D0cument156—4 FiIed10/31/2005 Page10f4

Cl-gfllsé (W/dariptemr E./grleev
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COI·~lTl]r·lGEN’l` FEE AND LIEM .e.G1¤.laEM1£t~JT
This Agreement is entered into between 'The Megwa Law Office, (‘“Megwa",
"Sabintts A. Megwa", or "attorney") and Nicholas Alozie (“client", or "you", “Alozie")
this Eday of Jl Q‘r’lhL , 200:7;. Under this Agreement, attorney will
undt=a·tal·;e to re resent client regarding l1is civil rights and or discrimination action against
je Mills Earp- r H2 ·H ttl.: Mall -
I. Fee Agreement: Compensation is to be paid only upon the contingency tha.t the
client receives an amount of recovery of settlement from any or all the defendants.
Client agrees to pay attorney, as a.ttorney’s fees, a minimum fee of forty (40%)
percent of the total recovery obtained or the amount of any attorney’s fees, if any,
awarded. by the court, or attorney’s fees billed at the hourly rate of $250.00 whichever is
glftiarct', The pezrccrttaget is Lu apply lu the full e1.1‘n•::·t..tt‘tt O1? the J?¢<>0V¤t'y G1? 5elllGme11l
before deducting disbursements. ll nothing is recovered, client will not be indebted to
a.ttorney tbr his services except as provided below. "Total recovery" includes economic
damages. compensatory damages, punitive damages, attorney fees, pre—judgment and
post judgment interest.
Megwa has represented to the client, and the client understands, that due to the
. great urleeftairtties Of Civil rights litigatinut, the prospects of recovering the rrtinimum fee
would not be sufficient to induce him to handle this matter without the possibility of
recovering a reasonable glee for the time he expends under 42 U.S.C. {5].988.
Client agrees that if this rn atter proceeds through trial and a judgment is obtained
in favor of the client, he will petition the cotut For a separate award of attorney’s fees. ln
the event the matter is settled by agreement with a Defendant(s), the attorney shall
eljCleaVt'Jt‘ ED I'legUri_alLe separately an amuttttt ol`aLtuuu.sy`e fees proviclecl that such
negotiation shall not conflict with the client’s interest.
- ln the event that the fees. are awarded by the ·::t‘>Lt1‘t. Gr agreed as part of a
settle1·nent 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 tlte
minimum fee and the attorney shall receive horn the client only such additional sums as
are lleeeaaary ED provide a {lee: equal to tlse tuiuituuni [be. The amount D'l?GO'LJ1'lS ewarclcci
or agreed upon fees to be paid bythe Defendants shall not be included as part of the
recovery or settlement for purposes of calculating the contingency tee. In the event the
Case 2:02-cv-02639-SRB Document 156-4 Filed 10/31/2005 Page 2 of 4

fees pa.id by the Defendants exceed the ininiinum fee, the entire amount so awarded shall
belong tothe attorney. . .
2. Fees on appeal. ln the event the matter is appealed, attorney may, at his -
discretion, decline to represent client in the event. of an appeal., lfattorney agrees to
represent client on appeal, client agrees to renegoliate attorney’s fees, which may or may
not be on a contingency basis. ln the event client is unwilling to renegotiate the fee, or in
the event the parties are unable to come to an agreement concerning fees on appeal,
attorney will withdraw a.nd client is free to seek other counsel. ln the event a. judgment in
plaintiff s favor was obtained prior to the appea.l, and attorney or client is unwilling ori
unable to rcnegotiate the fee, then attorney sha.ll be entitled to the a.greed percentage of
guy m[](_;i_]_]_]t5 ]_·:,;q;,€;¤v•;;r¤;d. 5;,11:1 attorney 5]*13]], 11E|,VG]: midi Gliétilt é1g1'CtE!S to gl'JG Fl'lTlT('l1'l'IEl§:’, 3. llCl`l
for h_is fees and costs upon the subsequent recover. _
3. Costs. Actual costs and out-of-pocket expenses expended in preparing and ·
bringing the ease to trial or retrial and/or to pro secure an appeal, must be paid entirely by
client regardless of whether there is any recovery. Costs include but are not limited to
copying charges, postage, long distance telephone calls, service fees, filing tees, private
liivestigutur fees, ¤.l¤.;p¤.islLlon el·ia.1·gc;i, clmrgcs for court transcripts, subpoena fees, expert
witness fees, travel charges and expenses. Client agrees and u.nd.ers·tands tha.t all
expenditures or costs are at attorney`s sole discretion.
4. Settlement. Client agrees that no settlement will be made except through .
attorney and with attor.ney’s approval and should client violate this paragraph, client
agrees to pay attorney the sums and shares to which he is entitled including fees and all
ULll.‘.:il.i:l.Il.i.]liJ..|,§;, i€llll.l Lll1ll.'.?l1l1`l.)lI.l.l`{iC.·tZl. C·D¤t¤ ellttfll. GTQDGHBGE. rA1.lLlJO1.‘t'l0j»’ HEFBBU to ]‘\"\t1]*lC% HO
_ settlement ofelient”s claim without client`s approval. lrlowever, in the event that attorney
obtains a settlement offer which attorney deems to be proper and in client’s best interest,
and inthe event client unreasonably refuses to accept the offer and the inattet proceeds to
trial and the amount awarded is less than the offer, client agrees to pay to attorney the Qfee
to which he would. ha.ve otherwise been entitled had the settlement been accepted.
5.. Pilyllltllll III` tiuals sun] [cus rIT.|1I1 prueeeela. Client understands Ltricl agrees tlielt
from the proceeds, if any, coming into at‘torney’s possession by way of settlement or
judgment, attomey is authorized to deduct all fees due him, costs of litigation that have
not been reimbursed bv client, and that attorney may withhold and disburse from any _
proceeds, sums due for or to third persons rendering services in the prosecution of the
case.
li. AIt0I"l‘l£y’S Withdrawal. Attorney may vvitlidraw from the case at any time upon
· giving reasona.ble notice to client for any of the following reasons: if the attorney-client
relationship is not worlting, elient’s failure to cooperate, non-payment of costs, clientis
unl’aith·t`ulness. failure ofthe client to meet his/or obligation in any form to support the
litigation c.r other reasons consistent with the Code of Professional Conduct and the
attorney’s philosophies and commitment regarding the practice of law.
Case 2:02-cv—02639-SRB Document 156-4 Filed 10/31/2005 Page 3 of 4

7. Guarantees. It is agreed that attorney has made no guarantees regarding the
successful termination of the cause of action and all expressions rela.tive hereto are
matters ot` opinions only.
8. Collection of fees and costs. ln the event suit or other action is instituted to
oolleet any pertion of the foo;. clue aridfor treats t%Y]"ltc1"iCl&Cl llt‘lCiCl‘ this t’1gI'CClTlCllli. CiiC‘l'1i
agrees to pay such additional sums as the court may adjudge as reasonable attorney fees,
costs, interest or other expenses of such suit or action.
9. Ownership of file. lt is agreed that the file and all materials generated ¤.1.u.ti.ug the
pursuit of this claim shall remain the property of The Megvva Law Office.
]_t'). Lien agreement. In the event rep;-eeentation is terminated. for any reason, client
grants a lien 1;o attorney to the extent of any unpaid fees, costs or charges. Client agrees
that attorney may assert this lien against any proceeds or monies paid by or recovered
from the Defendants (identilied in the first paragraph) or any other person, in addition to
other assets coming inte attorncy’s possession or in to the possession or another person.
The lien shall he perfected by filing with the Maricopa County Recorder notice of the lien
and by giving notice to the other person of this lien.
FZ . ·
Dated this clay of H IVYLH s HUH,
`F.=;:-'-h4;*_r-g_.,_,- _ .__,.[,;_:-;w'?=;:¥.j»_rt.r·# 1*
Sa mus . Megwa, Esq. ·
Client
l/we affirm and agree that I/we have had an opportunity to read this agreement out
ofthe presence of the attorney and his office, and that I/we have had sufficient
opportunity and time to confer or consult with other persons regarding its terms and that I
understand the contract, and have agreed, by affixing myfour signature(s) below, to the
terms herein stated.
WE HAVE READ THE ABOVE AGREEMENT BEFORE SIGNING IT AND
HAVE RECEIVED A COPY Oli THIS AGREEMENT.
Dated this /5 Hurley of A [Ti"! ,Q,0£l¢il__;_.
J/» @4
Client O -
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