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CONTRACT OF INVESTIGATION AND REPRESENTATIONMOTLEY R�CE LLC CONTRACT OF INVESTIGATION AND REPRESENTATION I hereby r.etain and employ the law firm of Motley Rice, LLC (hereinafter "MR") to investigate and evaluate any and all clauns I may have against BP, Halliburton, or Transocean arising out of the Apri120, 2010 Deepwater Horizon Spill and its aftermath. If MR concludes I have valid clauns they will proceed to represent me in puxsuit of all such claims. MR has made no guarantee or assuxances of any kind regarding my claim's likelihood of success. This contract does not cover any matters for me, any member of my family, or any other person or entity except as specifically set forth above and does not include filing any claixn for workers compensation coverage or other state or federal employee benefits. MR may take all steps in this matter deemed by them to be advisable fox the investigation and handling of my Claim, including hiring investigators, expert witnesses and/or other attorneys and filing any legal action necessary; voting on my behalf in any bankruptcy proceeding or class action relevant to the scope of this representation; endorsing (as my agent) my signature and depositing checks made payable to me into NIR's SC trust account(s) (or its co-counsePs trust accounts as NIR deems appropriate) to process and c'�isburse the proceeds of any recovery on my behalf. MR has adviseci me that they have atcorr�eys working with tt�e Plair;iffs' Steerir�g Camrr.ittee in I��L?179. They further advised me they support the March 2012 Agreement In Principle with BP that would lead to a Class Action Setdement process supervised by the court. MR will seek to be appointed one of the Class Counsel in the Settlement. I EXPRESSLY CONSENT to MR serving as Class CounseL MR shall exercise its independent professional judgment in advising me on the Class Action and how my daim will be evaluated. I xetain the absolute right to remain in the class if eligible or to timely opt out of the class. I understand that as Class Counsel MR will represent all members of the class including me. I also understand that if I opt out of the class MR will remain as Class Counsel but also may serve as my counsel for all purposes, EXCEPT they will not represent me as an objector to the class. I further understand as Class Counsel MR shall apply to the Court for attorney's fees for their Common Benefit work on behalf of the class and such fees are in addition to and separate from fees I agree to pay for MR's representation of ine. I agree to MR seeking such Common Benefit fee. I will pay MR attorneys' fees ("Fees") as set forth below out of the total amount recovered and calculated on my total gross recovery before reducrion of costs and expenditures: (i) Before the filing of an answer or the demand for appointment oE axbitrators, or if no answer is filed or no demand for appointment of arbitrators is made before the expiration of the time period provided for such action, Fees will be as follows: (a) 20% of any recovery up to $1 million; plus (b) 20% of any portion of the recovery between $ 1 inillion and $2 nvllion; plus (c) 20°,ro of any porrion of the recovery exceeding $2 million. (u) After the filing of an ans�ver or the demand for appointment of arbitrators, or if no answer is filed or no demand for appointment of arbitrators is made during the time period provided for such action, Fees will be as follows: (a) 20°'0 of any recovery up to $1 million; plus (b) 20°,!0 of any portion of the recovery between $1 million and $2 xnillion; plus (c) 20°,'0 of any portion of the recovery exceeding $2 inillion. (iii) If all defendants admit liability at the time of filing their answers and request a trial only on damages, Fees will be as follows: (a) 20 io of any recovery up to $1 million; plus (b) 20° o of any poruon of the recovery between $1 inillion and $2 rnillion; plus (c) 15°%0 of any portion of the recovery exceeding $2 inillion. FI. A�7ri12, 2012 7:32pm Page 1 of 1 Motley Rice LLC Individual Contcac[ of Investigation and Representation In addition to the Fees noted above, an additional 5% of any gross recovery will be charged as a Fee if any appellate proceeding is filed or post-judgment relief or action is required for xecovery on the judgment. If my Claun is handled through MDL No. 2179, MR will decluct from these Fees, any hold back requirement set forth in the BP NIDL Court's January 18, 2012, order, or any subsequent applicable order. I may accept or reject any final settlement offer after receiving MR's advice. I will not negotiate or enter any settlement unless a MR representative is present. MR may recommend that my Claim be handled as a part of a larger number of individual claims which may be aggregated for setdement and/or trial preparation. Accordingly, MR may enter aggregate settlement negotiations on my behalf and disclose my name, the amount of my proposed setdement, the nature of my damages and all other information relevant to evaluation of settlement values to other clients whose claims are included in the aggregation of claims. If no recovery is made, I will not owe MR Fees or expenses except as specifically provided herein. MR has associated with the Law Office of Thomas L. Young, P.A. in Tampa, Florida and Kwall Showers & Barack, P.A. in Clearwater, Florida, to act as co-counsel to help handle my Claim. NIR will pay the Law Office of Thomas L. Young, P.A. 15% and Kwall Showers & Barack 15% of any Fees I pay MR. The division of Fees is the fact that NIR and the Law Office of Thomas L. Young, P.r'�. and Kwall Showers & Barack, P.A. have assumed joint responsibility, which includes all firms being available to consult with me. The amount of Fees that I pay will not be increased by co-counsel's work. I will provide my written consent to any ethicnlly compliant modification of this fee division among co-counsel associated on my case. MR may associate additional co-counsel if MR believes it advisable or necessary, and MR may divide any Fees with such co-counseL If MR associates additional co-counsel, I will be notified in writing of such co-counsel's identity, the Fee share, and the basis for it. If asked, I will give my written consent to MR's choice of such co-counsel and the specific Fee division with co-counsel. The amount of Fees that I pay will not be increased by the work of co-counsel associated to assist with the handling of my Claim and such co-counsel will be paid by MR out of the Fees I pay to MR. Except as provided elsewhere herein, while representing me MR will advance all expenses incurred on my behalf in prosecuting my Claun, including, but not limited to, expenses for filing, service of process, court reporters, investigations, expert witnesses, consultants, photographs, postage, delivery, computerized research and reasonable travel and transportation. These expenses will be deducted from my share of any recovery on my Claim after all Fees are calculated and deducted. If MR recommends that I settlz my Claim but I elect to proceed to trial and recover no money damages at trial, MR may collect from me its reasonable expenses incurred in prosecuting my Claim. Certain expenses may be incurred in a joint effort to prosecute all class or aggregated clauns and MR is authorized to prorate such joint expenses among all the class or aggregated claims. Under some circumstances, health insurers, worker's compensation carriers, or others who have paid benefits or provided services on my behalf may c?.aim a right to recovex a portion of the proceeds of any action brought on my behalf and may place MR on notice of their Claim. Except as may be required by law, MR will not protect any claim of a subrogation carrier or other creditor without my consent. If MR receives notice of any such claim, it may be required to hold a portion of any recovery on my Claim in trust, and MR may da so. This contract may be canceled by written notification to the attorneys at any time within three (3) business days of the date this contract was signed, anci if canceled the client shall not be obligated to pay any fees to the attorney for the work performed during that time. If the attorney has advanced funds to others in representation of the client, the attorneys are entitled to be reimbursed for such amounts as the attorneys have reasonably advanced on behalf of the client. Thereafter, I can terminate MR's representation of ine at any time by providing written notice to MR at its Mt. Pleasant address. If I do so prior to r..he full conclusion of MR's services under this contract, MR has a claim for unpaid litigation expenses and Fees which be due upon receipt by me or by any successor attorney of recovery proceeds with respect to any remaining portion of my Claim. I grant NIR a charging lien on the proceeds of any recovery on my Claim and authorize MR to give notice to any person as necessary to enforce this lien. MR may withdraw from representing me if it determines prosecuting my Claim is not feasible, worthwhile, or meritorious; if I fail to comply with requests for informauon in a truthful and complete fashion, submit to one or more depositions, appear at trial, respond promptly to communications, or otherwise fail to cooperate with my attorneys; or for any other reason permitted by the court or applicable rules of professional conduct. I�L April 2, 2012 7:32pm Page 2 of 2 Mo[ley Rice LLC Individual Contxact oF Investigation and ltepxesentation . c '. 1 will notify MR immediateli- if my telephone number(s), street address, mailing address or email address changes. If another attorney contacts me regarding my Claim or asks me to any meeting about it, I will promptly inform MR. The undersigned client has, before signing this contract, received and read The Statement of Client's Rights and understands each of the rights set forth therein. The undexsigned client has signed the statement and received a signed copy to refer to while being represented by the undersigned attorneys. If any term or provision of this contract is declared or determined by any court to be illegal or invalid such part shall be excluded from this contract, but the validity of the remaining parts, terms, or provisions shall not be affected. This contract constitutes the complete and. exclusive statement of the agreement between MR and me regarding my Claim and supersedes any and all prior agreement(s), express or implied, oral or written, between us with respect thereto. This contract cannot be modified except in a writing signed by each party to this contract. This contract will not be effective until Motley Rice LLC, the Law Office of Thomas L. Young, P.A. and Kwall Showers & Barack, P.A. and I have signed below. I have read and understand this contract and agree as stated above. See attached signature sheet Ciry of Clearwater Signature Name (please print) Email Mailing Address Accepted by Motley Rice LLC: Phone Number Attarney's Signature Accepted by the Law Office of Thomas L. Young, P.A.: Attorney's Signature Accepted by Kwall Showers & Barack, P.A.: � n Attorney's Signature TIN; EIN Date SSN Name Name Name FL April 2, 2012 7:32pm Page 3 of 3 Motley Rice LLC Individual Contrac[ of Investigation and Representation Cell Number Date Date � S`'/� �Z Date � ' . Countersigned: — �,�Re � C��C�`�S George N. Cretekos Mayor Approved as to form: Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA By: ,�,��� t� . ��� � William B. Horne II City Manager Attest: � C�a..L�. Rosemarie Call City Clerk �v �,� � �, , r�.. =- � � �y� � Q STATEMENT OF CLIENT'S RIGHTS FOR CONTINGENCY FEES Before you, �he prospective client, arrange a contingent fee agreement with a lawyer, you should understand t�is statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights: 1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with 1 lawyer you may talk with other lawyers. 2. Any contingent fee contract must be in writing and you have 3 business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within 3 business days of signing the contract. If you withdraw from the contract within the first 3 business days, you do not owe the lawyer a fee although you may be responsible for the lawyer's actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw fr�m the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the 3-day period, you may have to pay a fee for work the lawyer has done. 3. Before hiring a lawyer, you, the client, have the right to know about the lawyer's education, training, and. experience. If you ask, the lawyer should tell you specifically about the lawyer's actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it. 4. Before signing a contingent fee contract with you, a lawyer must advise you whether the lawyer intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, the lawyer should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least 1 lawyer from each law firm must sign the contingent fee contract. 5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer. should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract that includes the new lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case. 6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer Rev. 06.02.10 should also :nform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs. 7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money that you might have to pay to your lawyer for costs and liability you might have for attorney's fees, costs, and expenses to the other side. 8. You, ths client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee. Until you apnrove the closing statement your lawyer cannot pay any money to anyone, including you, without an appropriate order of the court. You also have the right to have every lawyer or law firm working on your case sign this closing statement. 9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer's ability. 10. You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement. 11. If at any time you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 850/561-5600, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit, unless your fee contract �rovides for arbitration. You can request, but may not require, that a provision for arbitration (under Chapter 682, Florida Statutes, or under tlie fee arbitration rule of the Rules Regulating The Florida Bar) be included in your fee contract. William B. Horne, II, City Manager Client Name , � /� . ��..e--r,�.u,� Client Signature torney Signature Rev. 06.02.1 G � - i�.- �2 Date � /%' /Z Date � � CONTACT INFORMATION 1. Name: (First) A/K/A - Alias Name 2. Address: PR/VILEGED & CONFIDENT/AL — ATTORNEY WORK PRODUCT MOTLEY RICE LLC CLIENT/DAMAGES QUESTIONNAIRE Charter Gulf Fishing & Recreational Guide Service (Middle) City: State: 3. Phone: Home: ( ) (Last) (Suffix) Zip: County: Office: ( ) Mobile: ( ) 4. Other Phone: ( ) Email: ,s PERSONAL INFORMATION 5. Social Securiry No.: Driver's License No.: 6. Age: Date of Birth: 7. Spouse's Name: Age: Date of Birth: 8. Marital Status (circle): Married Widowed Divorced Single 9. Please list all children (place an "X" by name if they are dependent). Please indicate if any child is deceased. (A) Name Date of Birth: Address: (B) Name _ Address: (C) Name Address: Phone: L Email: Date of Birth: Phone: ( ) Email: Date of Birth: Phone: ( ) Email: 1 PRIVILEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT 10. Other Dependents -(Other individuals whom injured party provides more than 50% of financial support) Name Address: 11. U.S. Citizen? Yes [] No [] If not, what is your immigration status? BUSINESS INFORMATION • Name and Address of Business: • Type of Business: • Your ownership interest and length of ownership: • Is your business seasonal? • What are the best months for business? Date of Birth: Phone: Email: • Have you seen any oil damage? If so, please describe when and where: • What type of captain are you? • Do you own the boat(s) you use for chartering excursions? Yes [] No [] • Where do you primarily conduct fishing excursions? • Does your business move or relocate to other areas during the summer or fall? • Do you maintain a website for your business? If so, please provide website address: • Do you maintain any social networking website? (including, but not limited to Facebook, Twitter, Yahoo) 2 , , PRIVILEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT LOSS OF INCOME INFORMATION • After the oil spill, did you undertake alternative employment or business? If so, state the amount of income you received from such employment or business. • Are you receiving unemployment benefits? • Approximately how many bookings did you have in 2009? • How many cancellations have you had since the disaster of April 20, 2010? • Do you have any documentation of these cancellations (emails, letters)? Yes [] No [] • What were your average monthly earnings before the oil spill? • What is the amount of your current monthly eamings since the oil spill? • How much do you charge by the hour or by the trip for various services (inshore vs. offshore, etc.)? • Is all of your income reported? If so, how? • Do you file income taxes? Yes [] No (] • If so, what years have you filed in the last five years? • What is your tax filing status (e.g. Married Filing Jointly, MaRied Filing Separately, Business, Single, Head of Household)? • Do you have documentation of your tax filing and status (e.g. 1040, W-2, K-1, 1099)? BP CLAIM • Have you called the 800 BP number or visited the BP website? • Have you submitted a BP claim? • What is your BP claim number? • Have you received any BP claim payments? 3 PRIV/LEGED & CONFIDENTIAL — ATTORNEY WORK PRODUCT Additionally, please collect and provide to your attorneys as much of the following applicable information relevant to your claim (understanding some may not be applicable) • Copies of your state and federal income tax returns, together with all attachments (including all W-2 and 1099 forms), for the last five years; • Monthly financial statements to help substantiate your losses from prior years; • Copies of P&L (Profit and Loss) Statement; • Copies of business license, fishing license, etc.; • Copies of boat registration(s) • Copies of charter fishing booking calendars for 3 years; • Copies of purchase orders relied on in the past to purchase gulf seafood; • Copy of drivers license and/or passport; • Photographs or video of any oil damage; • Copies of cancellations; and • Copy of any BP claim payment receipts. 4 , , PRIVILEGED & CONFIDENTIAL - ATTORNEY WORK PRODUCT PLEASE PROVIDE A WRITTEN PERSONAL STATEMENT ABOUT YOUR LOSS AND SITUATION SINCE THE OIL SPILL ON APRIL 20, 2010: 5 AUTHORITY TO RELEASE CONFIDENTIAL INFORMATION Re: Date of Accident: April 20, 2010 To: Whom It May Concern: YOU ARE HEREBY AUTHORIZED to furnish and release to my attorneys, Motley Rice, LLC, 28 Bridgside Boulevard, Mount Pleasant, SC 29464, all information and records they request. Please do not disclose information to any other person(s) without written authority from me or my attorneys. I hereby waive any privilege I might have in the confidentiality of the records to my said attorneys. The foregoing authority shall continue in force until evoked by me in writing. A photocopy of the signed original of this authorization shall be sufficient and acceptable to all persons and entities from which these records are requested. Individual Name Individual Signature Date