JOINT LITIGATION, PROSECUTION, & MANAGEMENT

CO-COUNSEL AGREEMENT

1. Joint Management.

Pursuant to this Joint Litigation, Prosecution, And Management Agreement (“Agreement”), the law firms listed below agree to associate and to jointly manage and pursue arbitration claims against corporate defendants on behalf of consumers.

The following law firms are collectively designated as the “Firms”:

The Dann Law Firm Co., LPA (“DannLaw”), and

  (“Co-Counsel”).

The actions collectively designated as the “Actions” are included on the retainer agreement(s).  The agreement(s) may be modified by each party’s initials with dates after each change.

The Firms agree as follows:

Division of attorneys’ fees shall be based on the following formula:

●      The firm originating the client shall be entitled to twenty percent (20%) of the net collected fees.

●      The remaining eighty percent (80%) of the fees shall be divided proportionally based on the lodestar calculation of hours billed by each firm in any particular case.

2. Association of Counsel.

As soon as practicable after the execution of this Agreement, the Firms shall be associated as counsel in the Actions. The Firms agree that no other law firm shall participate as plaintiffs’ counsel in the Actions unless agreed upon in advance by both Firms.

3. Coordination of Litigation Efforts.

Following the execution of this Agreement, the Firms will maintain a joint leadership role with regard to litigation strategy for the Actions.

The Firms agree that they will jointly prosecute the Actions and seek to do so through consensus of all Firms, with joint decision-making authority with regard to all discovery efforts, including discovery requests and depositions; legal research and briefing; and settlement discussions in the Actions.  The Firms likewise agree that they will use their best efforts to ensure that work is never duplicated. The Firms also agree to assume joint responsibility on the Actions.

4. Costs and Expenses.

Each Firm shall absorb its internal “in-house” costs, including but not limited to the following:  telephone and facsimile costs, in-house copying, salaries for their respective attorneys and staff, and travel and lodging.

Other external out-of-pocket litigation expenses such as depositions and court costs, using third-party services or specialists (such as court reporters, copying services, expert consultants and witnesses, jury consultants, and graphics services), and other expenses associated with the producing and running of the case including advertising (“External Costs”) shall be borne jointly as agreed to by all Firms in advance and paid from the client’s recovery before distribution of fees or proceeds to a client.

5. Fee and Expense Records.

Each Firm agrees to keep detailed, contemporaneous records of all billable time expended, including attorney, paralegal, and law and document clerk work, and all necessary costs, disbursements and expenses incurred in this case and to make that information available to the other firm upon reasonable request.

6. Recovery of Attorneys’ Fees and Expenses.

Eligible Expenses means any out-of-pocket costs incurred by any Firm in support of the Action since inception. Eligible Expenses shall be payable out of any recovery in the Action.  Any attorneys’ fees recovered, whether designated as, attributed to, or described as, attorneys’ fees, costs, out-of-pocket expenses, or something else, shall be used first to repay the Firms for any Eligible Expenses they have advanced in pursuing the Action.

7. Attorneys’ Fees Award.

The parties agree to strive in good faith to attempt to recover fees in a lump sum as a percentage of a "common fund(s)"settlement(s) or by reimbursement of actual hours earned..  In the event that fees are obtained, in whole or in part, in the Actions or any of them, in a lump sum or as a formulaic percentage of a common fund amount without a breakdown as to each Firm (e.g., by settlement, the Common Fund doctrine, court order, or other means), prior to any division of the lump sum fee amount among the Firms, the Firms shall be reimbursed out of the lump sum fee amount for any Eligible Expenses for which they have not otherwise been reimbursed and then the remainder of the Award shall be considered the “Net Fee.”  For purposes of the payment of any attorneys’ fees under this Agreement, each firm shall be entitled to a share of the Net Fee of the Award as follows:

Such lump sum fee amount shall thereafter be divided among the Firms as described in Paragraph 1, above.

8. Disputes.

The Firms shall presume that the division in the previous Sections represent an equitable, just, proportional, and accurate reflection of the Firms’ completed work and progress in the litigation to date, as well as anticipated contributions to the resolution of the Action and the strength of the case(s) contributed by each of the consortium teams.  However, the Firms agree that any Court-ordered allocation that differs from the agreed-upon division is binding and controlling on the Firms.

If any disputes regarding this Agreement arise at any time, the Parties shall attempt to resolve any such dispute through good faith efforts.  If, after such good faith efforts, the Parties are unable to agree, then the Parties will seek resolution of any such dispute by submitting the said dispute to binding arbitration in front of a mutually agreeable arbitrator. If the parties cannot agree on an arbitrator and a process for arbitration than Arbitration shall engage the American Arbitration Association (AAA) to appoint an arbitrator and follow the rules established by the AAA. If arbitration is invoked, with regard to fees, there shall be a strong presumption that the division in the previous Sections represent an equitable, just, proportional, and accurate reflection of the Firms’ completed work and progress in the litigation to date, as well as anticipated contributions to the resolution of the Action and the strength of the case(s) contributed by each of the consortium teams. Such presumption may only be overcome by clear and convincing evidence to the contrary.

The Parties agree to be bound by such ruling and the prevailing party (as determined by the arbitrator) shall be awarded the costs of any dispute resolution proceeding. This agreement shall be governed by the laws of the state of Ohio and any litigation to compel or enforce this agreement shall be commenced in the United States District Court for the Northern District of Ohio.

The Parties to this Agreement knowingly and expressly disclaim and hereby waive any right or ability to assert the lack of enforceability of this Agreement or to challenge the adequacy of enforceability of this Agreement before any court, arbitrator, or mediator.  This Agreement constitutes the full and complete agreement between the parties and may be digital signed and accepted here, or executed in counterparts and by email or facsimile.

Signed:

Marc Dann

The Dann Law Firm Co., LPA