Legal Appeal Agreement

LEGAL APPEAL AGREEMENT

This Legal Appeal Agreement ("Agreement") is entered into as of by and between Client Name: with address: ("Appellant"), and Counsel Name: with address: ("Counsel").

RECITALS

WHEREAS, Appellant is a party to a final judgment, order or decree issued by in case number (the "Underlying Action");

WHEREAS, Appellant desires Counsel to prosecute an appeal and related post-judgment proceedings to concerning the Underlying Action; and

WHEREAS, Counsel represents that Counsel is experienced in appellate practice and is willing to represent Appellant on the terms set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Appeal" means any appellate proceeding, petition for review, writ, rehearing, or related proceeding arising from the Underlying Action; "Costs" means filing fees, transcript costs, record preparation, courier and service fees, expert fees, and other out-of-pocket expenses incurred in prosecution of the Appeal.

2. SCOPE OF REPRESENTATION

Counsel shall represent Appellant in the prosecution of the Appeal to the appellate court identified above and in such ancillary proceedings in the appellate and trial courts as are necessary to pursue the appealed issues, including preparation and filing of notices of appeal, opening and reply briefs, appendices or records on appeal, and the presentation of oral argument if permitted and requested. The representation expressly excludes (unless otherwise agreed in writing) new claims, counterclaims, cross-claims, or trial court proceedings unrelated to the Appeal.

Appellate court:

3. FEES AND COSTS

Client shall pay Counsel for legal services in accordance with either a retainer credited against hourly fees, a flat fee, or a hybrid arrangement as set forth below. Counsel will bill for attorney time at the hourly rate specified or apply the agreed flat fee to the services described in Section 2. Appellant is responsible for all Costs unless the appellate court orders otherwise.

If fees are awarded to Appellant by the appellate court, such fee awards shall be applied first to reimburse Counsel for unpaid fees and Costs, and any remaining award shall be remitted to Appellant, unless otherwise required by law or court order.

4. RETAINER, BILLS AND PAYMENT

A retainer in the amount set forth above shall be paid upon execution of this Agreement to be held in Counsel's trust account and applied against fees and Costs. Counsel will render periodic invoices, which are due within thirty (30) days of receipt. Overdue balances shall bear interest at the lesser of 1.5% per month or the maximum lawful rate.

5. APPELLANT'S OBLIGATIONS

Appellant shall timely provide all information, documents, and access to witnesses reasonably necessary for Counsel to pursue the Appeal. Appellant shall preserve the trial record, transcripts, exhibits and electronic evidence relevant to the Appeal and shall notify Counsel immediately of any developments affecting the Appeal. Failure to cooperate or provide required materials may result in termination of representation under Section 8.

6. CONFLICTS; DISCLOSURES

Counsel represents that Counsel has conducted a conflicts check based on information provided by Appellant. To the extent Appellant has disclosed any potential conflicts, Appellant acknowledges those disclosures below and, if applicable, consents to Counsel's representation:

7. CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE

Counsel shall maintain the confidentiality of communications with Appellant to the extent required by law and shall assert the attorney-client privilege on behalf of Appellant as appropriate. Appellant authorizes Counsel to disclose confidences only to persons necessary to the representation or as required by law or a court order.

8. WITHDRAWAL AND TERMINATION

Counsel may withdraw for good cause, including without limitation nonpayment of fees, breakdown of the attorney-client relationship, or any conflict that cannot be waived. Appellant may terminate Counsel's services at any time with reasonable notice. Upon termination, Counsel shall take reasonable steps to protect Appellant's interests, including giving reasonable notice, allowing time for employment of other counsel, and, if necessary, seeking court approval for withdrawal. Appellant remains responsible for fees and Costs incurred up to the date of termination.

9. NOTICE

All notices required under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party designates in writing.

10. RECORDS, TRANSFER OF FILES AND FILE RETENTION

Upon termination or conclusion of the Appeal, Counsel will retain the client file for a reasonable period as required by professional rules. Counsel shall deliver original client documents and any file materials requested by Appellant or successor counsel upon payment of outstanding fees and Costs and any reasonable copying or transfer expenses.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of the state of without regard to its conflict of laws principles.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the Appeal.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to render it enforceable while preserving the parties' intent; if modification is not possible, the invalid or unenforceable provision shall be severed and the remaining provisions shall remain in full force and effect.

14. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment to this Agreement must be in writing and signed by both parties. The waiver of any breach shall not operate as a waiver of any other breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

15. PROFESSIONAL RESPONSIBILITY

Counsel shall comply with all applicable rules of professional conduct and shall take reasonable steps to avoid conflicts of interest. Appellant acknowledges that appellate work may require disclosure of privileged information to the extent necessary to pursue the Appeal and that Counsel will take steps to protect privilege where feasible.

16. ADDITIONAL PROVISIONS

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