Philippines v. Eduardo Cojuangco Jr. et al.

Contract For Legal Services

This Agreement is entered into between the law firm of (hereinafter referred to as “attorney") and (hereinafter referred to as “client”), who agree as follows:

1. Attorney will represent client in the matter of (hereinafter referred to as “defendant”), and pursue the recovery of damages for breach of contract.

2. As compensation for representation in this case, client will pay to attorney, a contingency fee in an amount equal to % of any amounts collected on this claim, whether such amounts be collected pursuant to the terms of a settlement reached out-of-court or lawsuit. The contingency fee shall apply to all amounts collected as damages in the case, irrespective of how such damages are designated in settlement documents or by judgment of the court. This includes, but is not limited to, damages which are awarded as compensatory damages, punitive damages, attorneys fees, interest, or otherwise. In the event that there is no recovery, and no amounts collected, then in that event there will be no attorney fee payable.

3. In addition to amounts paid to attorney as compensation, client shall reimburse attorney for all expenses incurred in connection with the case. This includes court filing fees, deposition expenses, travel expense, copies, postage, fax, and courier. Any extraordinary expense, such as the hiring of expert witnesses or investigators, will be incurred only upon prior approval of the client. All expenses shall be itemized and will be billed to client on a monthly basis. If any portion of the recovery from the defendant is designated either by the court or settlement documents as reimbursement for court costs, then the attorney shall not be entitled to a fee based on this portion of the recovery, and any such amounts recovered shall be reimbursed directly to client or credited to client's account.

4. In the event that a judgment is entered in favor of the client and the defendant takes an appeal, attorney shall be paid for his/her services on appeal, in addition to fees outlined above, a sum equal to the interest on the judgment and any penalty added to it by law.

5. In the event attorney deems it necessary or expedient to associate additional legal counsel, for example, to assist in the appeal process, compensation for such additional counsel shall be negotiated and paid by attorney from the contingency fee outlined herein. No additional liability for attorneys fees will accrue to client in this event.

6. The scope of representation in this matter is outlined as follows: attorney will represent client in prosecuting the case through the trial level, and through the appellate process if a judgment is entered in favor of the client. However, in the event no judgment is entered in favor of the client, and the client wishes to appeal the case, then in that event attorney and client may, at that time, negotiate terms of further employment to prosecute an appeal. Attorney's representation of client under this contract shall conclude upon the following of any of these events:

• (A)By mutual consent of attorney and client at any time;
• (B)Upon adverse ruling or judgment at the trial court level which results in a termination of the legal proceeding without a recovery (unless attorney and client negotiate for further representation for purposes of appeal);
• (C)Upon recovery of all amounts due from defendant pursuant to the terms of a settlement agreement reached between the parties;
• (D)Upon exhaustion of all efforts deemed by attorney to be reasonable to collect amounts awarded by judgment or by settlement agreement, where less than the full amount has been collected (however, it is anticipated that attorney shall utilize all reasonable collection efforts such as garnishment, execution, and other collection efforts to enforce and collect all amounts due from defendant).

This agreement is entered into on the day of , .