Hoyt W. and Barbara D. Young, et al. - Page 12

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          April 16, 2001, he was owed $44,884.70 “for legal work for the              
          evidentiary hearing and for preparation of the appeal.”7                    
               Around December 2001, when the Defense Fund was no longer              
          paying Izen’s fees, he began entering into individual engagement            
          contracts with various nontest case petitioners.  Pursuant to               
          those contracts, Izen undertook to “take all the necessary legal            
          actions and file the necessary papers for intervention of all               
          non-test case Petitioners in the appeal” as well as “take all               
          necessary actions on appeal to obtain a reversal of” the                    
          decisions entered in the test cases.  Although the contracts                
          recite Izen’s billing rate as $300 per hour, they limit the                 
          client’s obligation to 24 monthly payments of $200 (or, in one              
          case, $100).  The contracts also provide that “Attorney’s                   
          previous bill which the Steering Committee refused to pay and his           
          bill for work on the appeal since April, 2001 shall be paid by              
          payments under this Agreement unless paid from another source.”             
               Also in December 2001, the steering committee of the Defense           
          Fund replaced Minns with Porter & Hedges, L.L.P. (Porter &                  
          Hedges).  Although Porter & Hedges attorneys Henry Binder and               
          John A. Irvine entered appearances in the test case appeal on               
          behalf of the Dixons, DuFresnes, and Owenses, Minns remained                

          7 By the time the case went to trial, the business manager,                 
          Geoffrey Sjostrom, was the only remaining defendant.  After a               
          jury verdict in favor of the defendant, the court entered a take            
          nothing judgment.  That judgment is currently on appeal to the              
          Fourteenth Court of Appeals in Texas.                                       

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