LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing by Client and Attorneys, Attorneys will not provide legal services with respect to (a) defending any legal proceeding or claim against the Client commenced by any person unless such proceeding or claim is filed against the Client in the Action or (b) proceedings before any federal or state administrative or governmental agency, department, or board. With Client’s permission, however, Attorneys may elect to appear at such administrative proceedings to protect Client’s rights. If Client wishes to retain Attorneys to provide any legal services not provided under this Agreement for additional compensation, a separate written agreement between Attorneys and Client will be required.
LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing by Client and Attorneys, Attorneys will not provide legal services with respect to (a) defending any legal proceeding or claim against the Client commenced by any person unless such proceeding or claim is filed against the Client in the Action or (b) proceedings before any federal or state administrative or governmental agency, department, or board. With Client’s permission, however, Attorneys may elect to appear at such administrative proceedings to protect Client’s 28428135.1
LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing by Client and Attorneys, Attorneys will not provide legal services with respect to (a) defending any legal proceeding or claim against the Client commenced by any person unless such proceeding or claim is filed against the Client in the Action or (b) proceedings before any federal or state administrative or governmental agency, department, or board. With Client’s permission, however, Attorneys may elect to appear at such administrative proceedings to protect Client’s rights. If Client wishes to retain Attorneys to provide any legal services not provided under this Agreement for additional compensation, a separate written agreement between Attorneys and Client will be required. 5. FEES. Client will pay attorneys’ fees of: Twenty Five percent (25%) of any monetary settlement or recovery that Attorneys obtain for Client. Client is not responsible for paying Attorneys any money other than what has been recovered from Defendants Fees shall be calculated on the basis of any settlement or recovery prior to the deduction of any expense or cost or common benefit fees; the “Gross Recovery.” Contingency fee rates are not set by law but have been negotiated. If no recovery is made, no fees will be charged.
LEGAL SERVICES SPECIFICALLY EXCLUDED. Special Counsel does not agree to provide any representation beyond that described in paragraph 3. In particular, the City agrees that Special Counsel has no obligation or responsibility to provide representation in defending any legal action against the City commenced by any person in connection with claims brought against the City related to the Litigation. If the City wishes to retain Special Counsel to provide any legal services not provided under this Agreement, a separate written agreement between Special Counsel and the City will be required, following negotiation of and agreement on the additional compensation to be paid by City for that representation.
LEGAL SERVICES SPECIFICALLY EXCLUDED. Legal services that are not to be provided by Attorney under this agreement specifically include, but are not limited to, the following: Representation with respect to (a) any claim for property damage arising out of the accident, (b) any dispute with a medical care provider about amounts owed by Client for services received, or (c) any appeal in which Client is an appellant from a court judgment on Client's personal injury claim (i.e., Attorney's obligation to represent Client under this agreement extends to an appeal only if Client is a respondent). If Client wishes that Attorney provide any legal services not to be provided under this agreement, a separate written agreement between Attorney and Client will be required.
LEGAL SERVICES SPECIFICALLY EXCLUDED. ATTORNEY shall not advice CLIENT with regards to any tax matters relating to the represented matter. And CLIENT agrees to make other and separate arrangements with a tax attorney or an accountant of his own selection in connection with all tax matters relating to the above representation. Representation in connection with any legal matter other than or in addition to specific matter subject to this AGREEMENT; or Representation in any capacity or to any extent whatsoever in connection with an appeal from any judgment or order herein, or indeed, in connection with any appellate remedies whatsoever. If CLIENT wishes that ATTORNEY provide any legal services not too be provided under this AGREEMENT, a separate written agreement between ATTORNEY and CLIENT will be required.
LEGAL SERVICES SPECIFICALLY EXCLUDED. If Client desires Firm to provide any legal services not to be provided under this Agreement, a separate agreement between Firm and Client will be required. Absent execution of a new agreement in writing, this Agreement will govern all future services Firm may perform for Client. Additionally, as previously discussed, Client understands that Firm provides transactional legal services. It does not represent clients in litigation.
LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing by Client and Attorneys, Attorneys will not provide legal services with respect to (a) defending any legal proceeding or claim against the Client commenced by any person unless such proceeding or claim is filed against the Client in the Action or (b) proceedings before any federal or state administrative or governmental agency, department, or board. With Client’s permission, however, Attorneys may elect to appear at such administrative proceedings to protect Client’s rights. If Client wishes to retain Attorneys to provide any legal services not provided under this Agreement for additional compensation, a separate written agreement between Attorneys and Client will be required. a5.. FEES
a. Client will pay Attorneys’ fees (“Attorneys’ Fees”) of:
i. For any monetary settlement or recovery, or any non-monetary recovery, that Attorneys obtain for Client, Attorneys shall be entitled to twenty-five (25%), including twenty-five percent (25%) of the value of any non-monetary settlement or recovery, provided that such fee will be paid only by money recovered from defendants. However, if money recovered from defendants is less than twenty-five percent (25%) of the value of any non-monetary settlement or recovery, Client is not responsible for paying Attorneys any money other than what has been recovered from defendants.
ii. Client understands and acknowledges that Attorneys are co-counsel in this Action and are entitled to share in the Attorneys’ Fees. Client understands that this Agreement will not increase the total amount of attorneys’ fees owed to Attorneys by Client.
b. For determining the Attorneys’ Fees as outlined in paragraph 5(a), the date of recovery shall be the date that monies are paid or non-monetary value conveyed by defendants as a result of the Action, whether through settlement, judgment, or other means, rather than the date such monies are promised, agreed, or ordered to be paid.
c. Contingency fee rates are not set by law but have been negotiated. If no recovery is made, no fees will be charged.
d. The contingent fee is calculated as a percent of any settlement or recovery prior to the deduction of any expense or cost, i.e., the “Gross Recovery,” unless prohibited by law or Court rule. If Client and Attorneys disagree as to the fair market value of any non-monetary property or services included in the Gross Recovery, Attorneys and Client agree that a binding appraisal will be conducted to determine this value.
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LEGAL SERVICES SPECIFICALLY EXCLUDED. The following services are excluded from this engagement. Negotiation of pre-settlement liens, or appearance as attorney of record in any guardianship. Advising on allocation of settlement proceeds among parties or with regard to the purchase of a structured settlement product. Assistance with satisfaction of Medicare or Medicaid liens. Ongoing advice to Trustee, if any, will be subject to a separate engagement letter.
LEGAL SERVICES SPECIFICALLY EXCLUDED. It is the intent of the parties that Attorney will represent Client in a civil action or actions for abatement of a public nuisance, or damages in the appropriate court or courts of the State of Wisconsin and/or the United States. Legal services that are not to be provided by Attorney under this Agreement specifically include, but are not limited to, the following:
a. Proceedings before any state or federal administrative or governmental agency, department or board. However, with Client’s permission Attorney may elect to appear at administrative proceedings to protect Client’s rights in this litigation, without Client being assessed any additional attorney’s fee in connection with such appearance.
b. Defending any legal action(s) against Client commenced by any person with the exception of any cross complaints or counter claims filed in the PFAS Action described in Paragraph 3.
c. Enforcement of the State’s environmental laws including, but not limited to, Wis. Stat. chs. 23-34 and 279-299 and all rules and orders issued pursuant to those statutes.
d. Any action with respect to any dispute arising under or concerning this Agreement. If Client wishes to retain Attorney to provide any legal services for matters excluded from this Agreement, a separate written agreement between Attorney and Client may be required which may require additional compensation to Attorney. Alternatively, Client would always have the option to engage other counsel to provide such legal services.
