Katz & Phillips, P.A.

Agreement for Legal Representation

I, the undersigned client, hereby retain Katz & Phillips, P.A., and Kingry & Friday hereinafter referred to as the “firm or firms” as my/our attorney(s) to represent me/us in any and all matters regarding Illegal fees for unauthorized background checks charged by FDLE in which Florida Department of Law Enforcement is the opposing party. I understand the Firms will represent me/us according to its best efforts, consistent with the facts and the principles of law known or reasonably anticipated by the Firms.

ATTORNEY FEES 

In no event shall the attorney’s fees exceed the approved contingency fee schedule of the Florida Supreme Court.  If any settlement is based on deferred payments, the attorney’s fee shall be computed based upon the present cash value.  In the event that you as my/our attorneys determine after further preparation of the case that in your opinion, there are not reasonable prospects of success, I/we understand that after so advising me/us, you are relieved of any obligation to prosecute this claim.  No settlement will be made except by mutual consent.  If there is no recovery made, then the Firms will receive no fee, but it is understood that I/we will pay all reasonable expenses in connection with any litigation.  I/We have read and had explained to me/us the Statement of Client’s Rights which are attached hereto as Attachment “A”.

ATTORNEY FEE SPLITTING

Each attorney will be paid any Court awarded fees as awarded by the Court based upon their contribution to the case.  Any attorneys’ fees which the Firms are entitled to as a result of a percentage of any damages awarded, will be based upon a combination of the time and rate of the attorney’s contribution to the case.

CONSULTANTS AND VENDORS 

I/We authorize the Firms to retain expert consultants for trial or pretrial preparation, and realize such consultants’ fees will be charged as costs and expenses on my/our case.   I/We authorize the Firms to expend other costs and expenditures as are reasonably necessary to the prosecution of this case.

CONTINGENT FEE 

The Firms’ fee for representing me/us in this action will be as follows: 

A. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action.  33 1/3% of any recovery up to $1 million, plus; 30% of any portion of the recovery between $1 million and $2 million, plus; 20% of any portion of the recovery exceeding $2 million. 

B. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment; 40% of any recovery up to $1 million, plus; 30% of any portion of the recovery between $1 million and $2 million, plus; 20% of any portion of the recovery exceeding $2 million. 

C. If all defendants admit liability at the time of filing their answers and request a trial only on damages:  33 1/3% of any recovery up to $1 million, plus; 20% of any portion of the recovery between $1 million and $2 million, plus; 15% of any portion of the recovery exceeding $2 million; 

D. An additional 5% of any recovery after institution of any appellate proceeding notice is filed or post-judgment relief or action is required for recovery on the judgment. 

E. Alternatively, in the event of a court awarded attorney’s fee, the attorney’s fee will be the greater of (a) the court awarded fee or (b) the contingent percentage of the recovery, including the court awarded fee.  If there is no recovery made, then the Firms will receive no fee.  In no event shall the attorney’s fees exceed the approved contingency fee schedule of the Florida Supreme Court.

COSTS AND INTEREST ON COSTS 

Costs and expenses of litigation advanced by my/our attorneys shall be deducted from the net recovery, if any, after fees are deducted. Costs may include specialized services rendered in support of my/our case by experts and vendors.  Costs may also include probate or guardianship matters, including court costs, attorney’s fees, disbursements and expenses related to a probate or guardianship matter. All costs and expenses of litigation advanced by my/our attorneys shall incur interest at a commercially reasonable rate until they have been paid.  The commercially reasonable rate will be the variable rate established by the Bank Rate Monitor’s National Average for Personal Loans, but shall in no event exceed the maximum legal rate of interest as determined by the Laws of Florida.  All costs must be paid in advance if requested.  Florida Carry, Inc. has agreed to pay all case costs. Other organizations may contribute to case costs as well.

SPECIAL AUTHORIZATION 

I/We hereby authorize my/our attorneys, during the pendency of the case investigation, lawsuit, and or appeal to provide any potential defendants and their attorneys, and any expert employed by my/our attorneys, with copies of my/our medical records, medical bills, any damages documentation, etc. (and those for any deceased plaintiff) deemed necessary to prepare the case for mediation, trial, etc.  I/We further authorize my/our attorneys to perform any lawful investigation of any fact, party or witness relative to my/our case.

DISPOSAL OF FILES 

At the conclusion of this matter, I understand that you will retain my legal files for a period of seven (7) years after you close my file.  At the expiration of the seven (7) -year period, you will destroy these files unless I notify you in writing that I wish to take possession of them.  You reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files. 

I/We have read, understand and have had explained to me/us the terms and conditions of this agreement, and hereby accept all terms stated above.

_______________________________     ____________

Katz & Phillips, P.A.                                    DATE

 _______________________________     ____________

Eric J. Friday                                                DATE