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Arbitration/Litigation Consulting & Retainer Agreement
1.
This agreement between______________________( referred to as
"Client") and Financial Education Network Development
(referred to as "FEND") for services performed on behalf
of Client by Mason A. Dinehart III, RFC, is made subject to the terms and conditions which
follow.
2.
Client does hereby retain FEND for the purpose of expert witness
testimony and/or expert consulting, preparing transaction and damage
summaries and calculations and account analysis regarding a dispute between
Client and _______________________.
3.
Client does hereby agree to supply FEND with all pertinent
documentation necessary to properly prepare any report (s), or to prepare
for any scheduled arbitration/trial testimony. Client will be charged a fee
of $250.00 per hour for any review time or documentation prepared under this
agreement, and for expert witness consulting (including any
hearing/trial attendance and/or testimony). Client is also responsible for any
out of pocket costs incurred by FEND while performing services under
this agreement. Such costs include, but are not limited to, travel
(excluding flight time), food, lodging, taxi or parking charges.
Attorney/Client will arrange and advance all travel costs in advance of
the hearing, including all meals. Auto
mileage is billed at $100 per hour. Prior to
the commencement of any billable hours, FEND and Client agree to
define the scope of the work to be performed.
4.
Client does herewith pay FEND the amount of $2,000* as an initial
retainer to be applied against work performed under this agreement (plus
$500 for each additional named party, unrelated by family, up to 4 maximum). The
balance of any fees due under this agreement are due and payable upon
presentation or completion of the work i.e. no later than the conclusion of
the hearing/trial. No testimony will be given unless fees are
current. The unused portion of this retainer will be
refunded upon settlement of the matter, except for the expert witness
designation fee as described in the Fee Agreement. Any amount unpaid
at the conclusion of the hearing will become a lien against any court
or arbitration award granted. Scheduled hearing appearances must
be set compatibly with FEND's blackout calendar (updated daily and found at
the bottom of the Fee Schedule) or the retainer is
non-refundable.
5.
The agreement is being entered into in the State of California and shall be
construed and enforced in accordance with the laws of the State of
California, irrespective of the place of domicile or residence of the
Client Client agrees that the jurisdiction and venue for any
litigation concerning this agreement shall be in the California state
courts situated in the County of Los Angeles. In the event of a
controversy arising out of the interpretation, construction or breach of
this agreement, the parties hereby agree that the prevailing party shall be
entitled to recover the prevailing parties' reasonable attorney's fees and
cost of suit. *$5,000 for litigation matter.
Financial Education Network
Development
Client (s)
____________________________
___________________________
____________________________
Date
Date
The
undersigned attorney for client (s) acknowledges receipt of a copy of this
agreement and agrees to honor the fee lien described herein.
___________________________
_____________________________
Attorney
for Client
(s)
Date
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