aca - FEND

Arbitration/Litigation Consulting & Retainer Agreement

1.This agreement between ____________________________ (referred to as “Client”)) and Financial Education Network Development (FEND”) for services performed by Mason A. Dinehart III, RFC, is made subject to the terms and conditions which follow.

2. Client’s hereby retains FEND for the purpose of expert witness testimony and/or expert consulting, preparing analysis, transaction and damage summaries, calculations & acct. analysis regarding a dispute between Client, ___________________________i is proceeding against ___________________________________________________.

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 $375 per hour for any review time or documentation prepared under this agreement, and $375 per hour for expert witness consulting (including any hearing attendance and/or testimony). Client is also responsible for any out of pocket costs incurred by FEND while performing services under this agreement, including any 3rd. party analysis report, if requested. Such costs also include, but are not limited to travel (excluding non-stop flight time), food, lodging, taxi or parking charges. Attorney/client’s will arrange and advance all hotel and 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 agrees to define the scope of the work to be performed at the direction of the Attorney in the case.

4. Client’s do herewith pay FEND the amount of $5,000 as the full retainer to be applied against work performed under this agreement. The balance of any fees due under this agreement are payable upon presentation or completion of the work i.e. no later than the beginning of the hearing/trial. No testimony will be given unless fees are current. The unused portion of the initial retainer will be refunded upon settlement of the matter, or end of the arbitration hearing except for the expert witness designation fee as described in the Fee Schedule. Any amount unpaid at the conclusion of the hearing/trial 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. Expert fees are not contingent upon the outcome of the matter at issue.

5. Client acknowledge that expert, Mason A. Dinehart III, RFC does not guarantee or represent that expert’s opinion will result in a positive award for the client. Client acknowledges that expert’s opinions are truthful, objective and void of speculation and the content thereof shall not be the subject of any claim against expert by the Client. Estimates are made in good faith and are not binding.

Expert witness or consulting fees are due even if the work product prepared by FEND is not used in the instant matter.

6. This 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 San Mateo.

Financial Education Network Development Client(s)
74 Sage Circle _______________________
San Ramon, CA 94583
_______________________ _______________________

Date: May 9, 2024

Please make checks payable to Mason A. Dinehart III, RFC

The undersigned attorney acknowledges receipt of a copy of this agreement and agrees to honor the fee lien described herein.

_______________________Attorney for Claimant/Plaintiff Date_________________