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Background
Ivor F. Benci-Woodward (Benci-Woodward), Laurentz J. Mangum
(Mangum), and Jose Ragatz (Ragatz) (collectively referred to
herein as the plaintiffs) filed a lawsuit (lawsuit) against
Dayton-Hudson, Inc. (Dayton-Hudson), and Dana Pereau (Pereau)
(collectively referred to herein as the defendants). Plaintiffs
brought the following causes of action, among others, against the
defendants: False imprisonment, fraud, defamation, intentional
infliction of emotional distress, wrongful discharge, and breach
of contract.
In connection with the lawsuit, Benci-Woodward, Mangum, and
Ragatz each entered into a Retainer Agreement (Agreement) with
John H. Howard, an attorney, which empowered him to "handle any
and all legal proceedings arising out of said incidents", and
further provided, among other things, that
Client agrees to pay Attorney for services a sum equal
to forty percent (40%) of any amounts received or recovered
in this matter on behalf of Client. Attorney may retain his
share out of the amount finally collected by settlement or
judgment, herein termed "recovery", in full for the services
and any advanced costs.
Attorney is given a first lien and assignment on any
recovery however procured to the extent of this contract and
such amounts may be retained therefrom. Attorney is given a
further lien and assignment on any sums recovered herein for
fees incurred for all legal work performed for client
whatsoever and such amounts shall be in addition to the
contingent fee and costs provided for in this agreement.
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Last modified: May 25, 2011