Online Agreement

    NHAN H. NGUYEN, MD, JD, MSF
    Attorney at Law Member – Texas Bar College
    DREW SHIRLEY, JD
    Litigation Attorney
    NADER A. RABIE, JD
    Administrative Director

    THE LAW OFFICE OF NHAN NGUYEN, MD, JD

    2500 West Loop South
    Suite #340Houston, Texas 77027 Tel: (713) 840-7200Fax: (713) 583-4155www.westlooplaw.cominfo@westlooplaw.com

    May 3, 2024
    CONTINGENCY FEE AGREEMENT FOR INJURIES OR DEATH SUSTAINED AS A RESULT OF COVID VACCINATION FROM ANY VACCINE MANUFACTURER
    This agreement sets forth the terms and conditions under which The Law Office of Nhan Nguyen, PC (“TLONN,” “we,” or “us”) will undertake representation of (the “Client” or “you”);
    (please initial ALL that apply) As an injured Individual On behalf of a Deceased Individual or an estate, whose name is: As the Legal Guardian of a minor(s) whose name(s) is:
    in connection with all your potential claims related to ANY INJURIES OR DEATH SUSTAINED AS A RESULT OF COVID VACCINATION FROM ANY VACCINE MANUFACTURER (the “Matter”). Services rendered after our engagement but before the signing of this agreement will be covered by these terms and conditions. You agree to the terms and conditions of this letter by signing it in the space provided below.
    1. Professional Undertaking – Limited Scope of Engagement: TLONN has undertaken to represent you only in connection with the Matter and not undertaken to represent you in connection with any other dispute or issue. Although we endeavor to represent your interests vigorously and efficiently, we cannot guarantee success in any given case. Because manufacture liability was shield under the Emergency Use Act, many of the legal actions and theories available in your case may involve NEW and untested causes of action against these manufacturers that may NOT allow for any recovery in your case. You acknowledge that TLONN has made no promises or guarantees concerning the outcome of the Matter, and nothing in this agreement, or in any prior discussions we may have had, can be construed as such a promise or guarantee. Additionally, because your claims may be on untested causes of actions under novel theories of legality the statute of limitations as related to your specific case may run during the course of the pursuit of your legal claim; as such, you agree to hold TLONN harmless and waive any claims against TLONN for the passage of the statute of limitations for pursuit of these novel causes of action. You acknowledge that TLONN's performance depends, in part, upon:
      • Our prompt receipt of documentation, information, authorization, and instructions from you;
      • Your prompt review and execution of documents; and
      • Your cooperation in general.
      You therefore agree to cooperate with TLONN:
      • In the investigation, preparation, and prosecution of the Matter;
      • By providing us with all requested documents and information;
      • In disclosing truthfully and fully all facts and information;
      • BIn keeping us advised of all developments relating to the Matter; and
      • By attending meetings, hearings, and other proceedings upon request.
    2. Fees and their Payment: I will be handling the trial and any significant hearings in the Matter personally, but others associated with our firm are likely to do substantial amounts of work on your case. In the handling of the Matter, occasions may arise that TLONN may engage additional attorneys and/or law firms (“Co-Counsel”) to assist in the resolution of the Matter on your behalf, for which, by signing this agreement you expressly grant permission and agree. Should other Co Counsel associated with TLONN perform work on your case, in no event shall the total contingency fee exceed the amount stated in this Section 2. Client authorizes TLONN to associate co-counsel as TLONN may deem necessary and to share any fees contemplated in this contract with such co-counsel with the express understanding that associating with co-counsel will NOT increase the fees set forth below. TLONN will be compensated by a forty-percent (40%) contingency fee interest. When you sign this agreement, you are conveying to us an irrevocable 40% interest in the net proceeds arising from prosecution of the Matter, whether obtained by settlement or by judgment or otherwise and whether denominated actual damages, costs, attorneys’ fees, punitive damages or other recovery, and in whatever form they may take. In the event that settlement is obtained or judgment rendered in such a manner that you obtain non-monetary relief or consideration, we will propose a valuation of the proceeds of your case. If you disagree with that value, then within five days of receiving ours, you will state your own value. If we cannot reach an agreement, we will engage in a one-day “baseball” style arbitration by submitting the two competing valuations to a mutually acceptable arbitrator, who shall choose one of the two valuations at the end of the arbitration session. Each of us will provide to the other all data reasonably necessary to evaluate any in-kind interest or non-monetary consideration that is created by virtue of this representation. TLONN may memorialize its interest by making appropriate filings where appropriate. When and if funds are received that are subject to the contingency interest set forth here, you consent in advance to have them negotiated into the TLONN trust account. Prior to any distribution of such funds, however, you will be provided a complete accounting of proposed distributions and must consent to those distributions. By signing this agreement you expressly grant TLONN a limited power of attorney to prosecute and handle your case, including obtaining and potential settlements or judgments on the Matter, in your best interest in light of all the facts and circumstances related to your case. As such there may be times when it is necessary to submit the Client’s signature on documents. Generally, an attempt will be made to obtain Client’s signature. However, in those situations where it is necessary to protect the Client’s rights from a deadline, Client authorizes TLONN to sign documents on his or her behalf.
    3. Limited Power of Attorney. Client hereby grants TLONN a limited power, of attorney to sign in the name of and on behalf of Client, documents to obtain one or more advances from third parties to fund costs and expenses related to the investigation, preparation and prosecution of Client’s case, original HIPAA medical record release forms and endorse the Client’s name to any checks or drafts received by TLONN in settlement of any and all claims pursued by TLONN on behalf of Client. Such settlement funds shall be placed in trust for Client’s benefit. With respect to documents for advances (loan agreements or purchase agreements) signed on behalf of Client, TLONN is authorized to enter into these loan or purchase agreements and honor any payments for principal, interest, purchase interest and fees due to the lender or purchaser under those agreements from any recovery due to Client. The loan or purchase agreements may include interest rates or payments that are higher than usual (i.e., higher interest, payments and fee charges than what most banks would charge) because the loans are “non-recourse” loans. “Non-recourse” means that the lender or purchaser has agreed that it will not seek a repayment of the funding amount, if there is no recovery on Client’s claims; however, Client will still repay the lender or purchaser to the extent of any recovery due to the client, even if the portion of the recovery due to Client is less than the amount the lender or purchaser has advanced. Further, the third party extending the advance may require TLONN to provide lender or purchaser with a litigation “budget” in advance of any expenditures by TLONN for litigation expenses and costs. Lender may then lend money to TLONN consistent with that “budget” (or some other amount approved by lender). Interest charges will accrue on the full amount lent upon receipt by TLONN and continue to accrue on that full amount until the case is concluded (and that interest charge will be owed by Client as a case expense), even if all of the budgeted funds are not expended by TLONN for litigation expenses (for example, if $10,000 is the budgeted amount loaned by lender to TLONN, interest will accrue (and be owed by Client) on that $10,000 until the case is concluded, even if only $2,500 of that $10,000 was ultimately spent and/or incurred as litigation expenses before the case was concluded). The interest rate charged will be within a range of 2% per month to 3.5% per month. With respect to original HIPAA medical record release forms, Client agrees to sign an electronic copy of a HIPAA medical record release form and TLONN will only sign Client’s name to an original HIPAA medical records release should an original signature be required by a medical records custodian instead of a release with an electronic signature.
    4. Costs and Expenses: It is often necessary for us to incur expenses for items such as travel, lodging, meals, telephone calls, transcription, and the like. Similarly, some matters require substantial amounts of costly ancillary services such as photocopying, messenger and delivery services, and computerized legal research. TLONN agrees to advance all such costs and expenses incurred in connection with the Matter, including, but not limited to, photocopying, messenger and delivery services, expert witnesses, court reporter fees, computerized research, travel (including mileage, parking, air fare, lodging, meals, and ground transportation), long-distance telephone calls, telecopying, court costs, filing fees, and other similar expenses. Certain of the preceding items may be charged at more than TLONN’s direct costs in order to cover overhead. Such costs are to be repaid out of the proceeds, if any, from the Matter, and costs shall be repaid to TLONN prior to the division of funds on the 60/40 basis set forth in paragraph 2 above.
    5. Termination: You have the right to terminate our representation at any time. You agree that TLONN will have the same right to withdraw from the representation under the following circumstances:
      • If you breach this agreement;
      • If you fail to cooperate with TLONN in this representation;
      • If, for professional or ethical reasons (such as a presently unknown conflict of interest), TLONN cannot proceed with the representation.
      If TLONN elects to withdraw, we shall give you reasonable notice to enable you to secure other counsel, and you agree to execute any documents necessary to complete the withdrawal. If you elect to terminate this agreement, it will not terminate our contingency interest in the outcome of the Matter. Should you breach this agreement in such a manner that we are reasonably required to withdraw or to terminate the agreement, we will attempt to accommodate new counsel should you choose to hire new counsel, but while we may choose to do so, under no circumstances are we required to relinquish any part of the contingency fee provided herein in order to make that accommodation
    6. Record Retention Policy: TLONN maintains case files electronically using Net Documents and other software programs. During the normal course of litigation, both paper and electronic files are collected. Upon the conclusion of litigation, TLONN may retain portions of the case file pursuant to our firm's record retention policy and any applicable confidentiality agreement or protective order. To reduce costs, TLONN recycles paper products and may discard old case files. If you want TLONN to return original client documents or send you any portion of the file, you agree to let us know in writing within 30 days of the conclusion of the matter. TLONN will not be responsible for file materials that you do not request in writing within 30 days and which are eventually destroyed under our record retention policy
    7. Integration, Choice of Law, Disciplinary Rules, Lawyer’s Creed: This agreement represents the entire agreement between us. In entering this agreement, TLONN has not made, and you are not relying upon, any representations or promises other than those contained in writing in this letter. To avoid any misunderstanding over the terms of this representation, this agreement shall not be modified or waived in any respect except in writing signed by both parties. This agreement shall be construed under and in accordance with the laws of the State of Texas, excluding any conflicts of law, rule or principle that might otherwise refer to the substantive law of another jurisdiction. It is our intention to follow the Texas Disciplinary Rules of Professional Conduct, which is published and updated on the Internet by the State Bar of Texas at: http://www.texasbar.com/ContentManagement/ContentDisplay.cfm?ContentID=13756. If, despite that intent and endeavor, any part of this agreement shall for any reason be found unenforceable, the parties agree that (1) all other portions shall nevertheless remain valid and enforceable, and (2) a provision most similar to the stricken provision but otherwise complying with applicable law shall be substituted therefor. Since we represent our own interests in crafting this retention agreement, we encourage you to consult other counsel of your own choosing regarding the terms of this agreement. You should also understand that, to the best of our ability, we intend to follow the Texas Lawyer’s Creed, in which we commit, among other things, not to engage in abusive litigation or tactics. A copy of the Texas Lawyer’s Creed may be obtained at http://www.txethics.org/uploaded/Resources/846921306641139.pdf.
    8. Binding Arbitration: Any dispute arising out of or relating to this agreement, our interactions leading to it or our performance of the agreement or of the representation of you shall be resolved as follows. First, the parties agree that sixty (60) days before filing any arbitration proceeding hereunder, the party requesting relief must demand and attend mandatory mediation before a mutually acceptable mediator to attempt to resolve any dispute. In the event the parties are unable to resolve such dispute, the affected party shall initiate an arbitration proceeding utilizing the rules of (but not employing) the American Arbitration Association (“AAA”) for the arbitration of complex commercial cases. In any dispute of less than $250,000, the parties shall jointly appoint a single arbitrator. In any dispute of a greater amount, each party shall appoint his/her or its own party arbitrator, and these two-party arbitrators shall in turn appoint a third, neutral arbitrator. All party arbitrators’ conduct and the tests for their eligibility shall be governed by AAA rules of disinterest. The time limits hereunder shall not apply in the event emergency injunctive relief is required, but only to the extent of such emergency injunctive relief itself.
    9. Review and Understanding of Agreement: Client acknowledges review and understanding of this Agreement, having read its contents in its entirety, and Client understands and agrees with all of its provisions. Client acknowledges that TLONN, their employees or agents, has made no guarantee regarding the successful determination of Client’s claim or causes of action, nor any guarantees regarding the amount of recovery or the type of relief, if any, which Client may obtain there from.
    This Agreement must be signed by both attorneys and client to be valid.

    ACCEPTED

    ACCEPTED

    By: THE LAW OFFICE OF NHAN NGUYEN, MD, JD Principal - Attorney at Law

    You are entitled to receive a copy of this agreement with signatures by both the Attorney and Client for your records. If you do not receive a copy of the signed agreement within 30 days of returning it to Attorney, please call and we will send another copy.
    Please prove you are human by selecting the tree.