Authority to Represent - Agreement with McHugh Fuller Law

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of the CLIENT as an attorney fee whether the claim is resolved by compromise , settlement, or trial and verdict ( and appeal ) . The gross recovery shall be calculated on the amount obtained before the deduction of costs and expenses . CLIENT grants Attorneys an interest in a fee based on the gross recovery . If a court awards attorneys ' fees , Attorneys shall receive the " greater of" the gross recovery - based contingent fee or the attorneys ' fees awarded . There is no fee if there is no recovery. MCHuGH FULLER LAw GROUP , PLLC and the other law firms , hereinafter referred to as the "Attorneys , " agree to advance all litigation expenses necessary to prosecute these claims . All such litigation expenses , including the reasonable internal costs of electronically stored information (ESI) and electronic discovery generally or the direct costs incurred from any outside contractor for those services , will be deducted from any recovery after the contingent fee is calculated , There is no reimbursement of litigation expenses if there is no recovery. The CLIENT acknowledges this fee is reasonable given the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly, the likelihood this employment will preclude other employment by the Attorneys , the fee customarily charged in the locality for similar legal services , the anticipated (contingent) litigation expenses and the anticipated results obtained , the experience , reputation , and ability of the lawyer or lawyers performing the services and the fact that the fee is contingent upon a successful recovery . This litigation is intended to address a significant problem in the community . The litigation focuses on the manufacturers and wholesale distributors and their role in the diversion of millions of prescription opiates into the illicit market which has resulted in opioid addiction, abuse , morbidity and mortality . There is no easy solution and no precedent for such an action against this sector of the industry . Many of the facts of the case are locked behind closed doors . The billion dollar industry denies liability . The litigation will be very expensive and the litigation expenses will be advanced by the Attorneys with reimbursement contingent upon a successful recovery . The outcome is uncertain, like all civil litigation , with compensation contingent upon a successful recovery . Consequently, there must be a clear understanding between the CLIENT and the Attorneys regarding the definition of a " successful recovery . " The Attorneys intend to present a damage model designed to abate the public health and safety crisis . This damage model may take the form of money damages or equitable remedies ( e . g . , abatement fund ) . The purpose of the lawsuit is to seek reimbursement of the costs incurred in the past fighting the opioid epidemic and /or to recover the funds necessary to abate the health and safety crisis caused by the unlawful conduct of the manufacturers and wholesale distributors . The CLIENT agrees to compensate the Attorneys , contingent upon prevailing, by paying 25 % of any settlement/resolution/judgment , in favor of the CLIENT, whether it takes the form of monetary damages or equitable relief. For instance , if the remedy is in the form of monetary damages , CLIENT agrees to pay 25 % of the gross amount to Attorneys as compensation and then reimburse the reasonable litigation expenses . If the remedy is in the form of equitable relief (e . g . , abatement fund) , CLIENT agrees to pay 25 % of the gross value of the equitable relief to the Attorneys as compensation and then reimburse the reasonable litigation expenses . To be clear, Attorneys shall not be paid nor receive reimbursement from public funds , However , any judgment arising from successful prosecution of the case , or any consideration arising from a settlement of the matter, whether monetary or equitable , shall not be considered public funds for purposes of calculating the contingent fee . Under no circumstances shall the CLIENT be obligated to pay any Attorneys fee or any litigation expenses except from moneys expended by defendant (s) pursuant to the resolution of the CLIENT ' s claims . If the defendant( s) expend their own resources to abate the public health and safety crisis in exchange for a release of liability, then the Attorneys will be paid the designated contingent fee from the resources expended by the defendant( s ) . CLIENT acknowledges this is a necessary condition required by the Attorneys to dedicate their time and invest their resources on a contingent basis to this enormous project , If the defendant(s) negotiate a release of liability, then the Attorneys should be compensated based upon the consideration offered to induce the dismissal of the lawsuit . The foregoing notwithstanding, Client shall not be obligated to pay any attorney fees and/or litigation expenses in any way Page 2 of 3