Sudhir P. Srivastava and Elizabeth S. Pascual - Page 9

                                        - 9 -                                         
          The Contingency Fee                                                         
               Although petitioner was represented at trial by the law firm           
          of Branton & Hall, petitioner was initially represented in his              
          suit by "Racehorse" Haynes and his law firm (the Haynes Firm).              
          Petitioner's payment agreement with the Haynes firm was a                   
          straight fee arrangement.  However, due to difficulties                     
          associated with the dissolution of the Haynes firm, petitioner's            
          case languished.  By the time petitioner hired Branton & Hall on            
          May 30, 1989, he could not afford to pay the attorneys by the               
          hour; therefore, he agreed to a contingency fee arrangement.                
               The payment arrangement was characterized by Jim Branton               
          (Branton) as a "standard contingent fee arrangement".  In                   
          addition to providing that all expenses necessary to prepare the            
          case for settlement or trial, as well as expenses for trying the            
          case, were to be paid by the client, the fee contract provided in           
          relevant part that                                                          
               the undersigned, hereinafter called CLIENTS, employ the                
               law firm of BRANTON & HALL, P.C., hereinafter called                   
               ATTORNEYS, understanding that the legal services                       
               rendered and to be rendered will be by ATTORNEYS of the                
               professional corporation at its discretion.  CLIENTS                   
               hereby sell, convey, and assign to BRANTON & HALL,                     
               P.C., as consideration for said services a forty                       
               percent (40%) interest in and to any and all causes of                 
               action, claims, demands, judgment or recoveries which                  

               4(...continued)                                                        
          motion seeking a declaratory judgment that it had no liability              
          for insurance coverage for any loss or damages arising out of the           
          judgment obtained against Harte-Hanks by petitioner.                        
               Federal's motion was granted, and a judgment was entered on            
          Apr. 24, 1992, and subsequently affirmed by the Court of Appeals            
          for the Fifth Circuit.  Federal Ins. Co. v. Srivastava, 2 F.3d 98           
          (5th Cir. 1993).                                                            


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011