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Appendix A for Managing Intellectual Property Litigationby Lee Carl Bromberg Protecting Intellectual Property Assets © 1997 Lee Carl Bromberg This article has appeared in the 1995 and 1997 editions of Protecting Intellectual Property Assets. The most recent version is reprinted below. Due to changes in the law and other factors, previous versions may differ from the version below. Appendix A Bromberg & Sunstein LLP March 3, 1997 Mr. Albert Jones Dear Mr. Jones: We are pleased that you have selected our firm to provide legal representation to you. We appreciate your confidence in us and look forward to a successful relationship. Our agreement to provide you with legal representation is based upon the conditions set forth below. All of the attorneys in our firm are well versed in the general areas of the law in which they practice, although some attorneys have greater experience in particular areas of the law. While I will retain primary responsibility for your representation, other attorneys within the firm may participate in representing your interests. Although we represent our clients within the bounds of ethics and the law, we cannot guarantee the successful conclusion of any legal matter or favorable outcome of any legal action. To enable us to represent you effectively, you are providing us with your power of attorney to execute on your behalf all documents relating to the matters for which we have been retained, including administrative and court filings, letters, agreements, settlement agreements, verifications, dismissals, and orders. Notwithstanding this power, no disputed matter will be settled nor any agreement signed on your behalf without your prior consent. It is our practice to request from a new client an advance against which our initial fees can be applied. Where there is a substantial outstanding balance or where substantial additional work or disbursements are in prospect, we may require further advances as a condition of performing the additional work or making the disbursements. The amount of the advance is dependent upon the contemplated scope of services. You will be billed on a monthly basis for services rendered. Each billing will set forth our legal fees and the costs incurred on your behalf during the period. Our legal fees are generally based upon the number of attorney hours devoted to a client's representation. However, adjustments are made in some cases to account for complexity of issues, uniqueness of services, benefits to client, previous experiences, involved attorneys, or outcome. Under the firm's fee structure, the hourly fees for attorney time vary by attorney. The hourly fees charged for particular attorneys are available upon request. The costs in our billings include charges for travel, long distance telephone, photocopies of documents and correspondence, and other disbursements made on your behalf. If at any time you have a question concerning a billing, you should feel free to contact me for clarification. Our billings will include a monthly statement of account which will show beginning balance, payments, billings, finance charges, and ending balance. Reductions in any advance will be reflected on this statement and, if the advance is exhausted, a balance due to our firm will be shown. Since the firm bills on a monthly basis, it asks its clients to satisfy their accounts on that basis as well. A Finance Charge calculated at the rate of 1½ percent per month (18% Annual Percentage Rate) is added to delinquent accounts. The finance charge is assessed upon any portion of the statement balance for which payment is not received by thirty (30) days after the date of our statement. If any account remains unpaid, we are, upon reasonable notice, entitled to discontinue our representation of the client involved. Moreover, in the event we are required to institute legal proceedings to collect fees and costs owed, we shall be entitled to reasonable attorneys' fees and other costs of collection. Occasionally, because of ethical considerations, attorneys are required to withdraw from the representation of clients. While we do not anticipate having to withdraw from your representation, you should be aware that because our firm represents a large number of clients, there is always a possibility that a conflict of interest might develop which would force us to cease representing you. However, we would only do so upon reasonable notice. You have the right to terminate our representation of you at any time, subject only to court or agency approval in those instances where approval is required. The termination of our representation will not affect your obligation to pay for our services rendered and expenses incurred prior to termination. The conditions set forth in the paragraphs above constitute our entire agreement for legal representation, with no other promises, conditions or warranties having been made. If your understanding of our agreement is as outlined in this letter, please sign and date the enclosed copy on the space provided and return it to me at your earliest convenience. Once again, I am delighted that you have elected to use our services, and I look forward to working with you. Kindest regards. Sincerely, Lee Carl Bromberg LCB:jmc I agree to the foregoing terms and conditions. STORAGE SYSTEMS, INC. _______________________ Dated: _______________________ _______________________ Return to "Managing Intellectual Property Litigation" © 2005 Bromberg & Sunstein LLP |
