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Greenberg. The agreement states in pertinent part as
follows:
2. Client shall pay to Attorney, upon
execution of this Retainer Agreement, the sum of
$7,500.00, which shall constitute a nonrefundable
retainer fee, in exchange for substituting into
this case.
3. Client shall pay to Attorney, after
receipt of the first Trial or Arbitration date
set, the sum of $7,500.00, payable equally over
a three month period, $2,500.00 per month.
4. Client shall pay to Attorney upon
receiving or filing a Notice of Appeal, the sum
of $5,000.00, payable equally over a two month
period, $2,500.00 per month.
5. Attorney shall receive as an additional
fee a contingency fee equal to thirty five
percent (35%) of the total amount of any sums
recovered in this matter, after deducting fifty
percent (50%) of the fees paid pursuant to
Paragraphs 2, 3 and 4 above. For example, if
$100,000.00 is received as a settlement or
award and client has paid $7,500.00 in fees,
then Attorney will receive 35% of $96,250.00.
Attorney is hereby given a lien for its fees and
advances upon any settlement, judgment or award
made or secured herein. IF NO RECOVERY IS
OBTAINED, ATTORNEY WILL RECEIVE NO ADDITIONAL
FEE, other than those specified in Paragraphs 2,
3 and 4 above. The fee schedule as set forth
above is not set by law but is negotiable between
Attorney and client.
* * * * * * *
8. As security for the fees and costs that
will become due to Attorney, Client does hereby
give to Attorney a lien on all papers, documents
and records of Client, and judgments and
settlements concerning the matter. Client
authorizes Attorney to retain from any recovery
an amount sufficient to liquidate client's
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