LAWYER-CLIENT FIXED-FEE AGREEMENT

I. Parties. This Lawyer-Client Agreement (“Agreement”) is entered into by and 1

between Dane S. Ciolino, LLC (“Lawyer”), and the client signing below (“Client”) as 2

of the latest date set forth below. Lawyer is an independent contractor. There are no 3

other parties whatsoever to this Agreement, including, but not limited to, Loyola 4

University New Orleans. 5

II. Scope of Representation. Client has engaged Lawyer in connection with the following 6

Matter: 7

(“Matter”). Lawyer’s representation is in connection with Matter only, unless 11

otherwise agreed in a signed writing. 12

III. Fees and Costs. 13

A. Costs. Client will be responsible for all costs. Lawyer, however, may advance 14

such costs. As used herein, the term “Costs,” includes, but is not limited to, 15

filing fees, filing boxes and supplies, copying costs, deposition costs, 16

computerized research costs, outsourced document scanning/coding/indexing 17

costs, travel expenses, expert fees, court costs, postage expenses, witness fees, 18

and reasonable interest paid by Lawyer to third-party lenders to cover any 19

cost advances. 20

B. Fixed Fee. 21

1. Total Amount of Fee. Lawyer’s total fixed fee for the representation 22

described above in the paragraph “Scope of Representation” is 23

$__________________. The fixed fee covers no other legal services. 24

2. Terms of Payment. Lawyer’s fixed fee shall be paid in full in advance 25

of Lawyer providing services. 26

3. Informed Consent. Client understands that Lawyer may place all or 27

part of the fixed fee in trust to be disbursed after Lawyer provides 28

services, or in Lawyer’s absolute discretion, may be used by Lawyer 29

when paid and, not be placed in the lawyer’s trust account. Client 30

further understands that this fee agreement does not alter Client’s 31

right to terminate the lawyer-client relationship, and that Client may 32

be entitled to a refund of a portion of the fee if the agreed-upon legal 33

services have not been completed. 34

LAWYER-CLIENT AGREEMENT

4. Not a Contingent Fee. Client’s obligation to pay Fees and Costs is not 35

contingent on the outcome of the Matter and must be paid by Client 36

irrespective of the results obtained. 37

IV. Arbitration of All Lawyer-Client Disputes. 38

A. Arbitrable Disputes. Any dispute, controversy or claim that may arise 39

between Lawyer and Client shall be resolved by arbitration. Furthermore, 40

any award rendered by any arbitrator(s) may be entered in any court having 41

jurisdiction thereof, including but not limited to Civil District Court for the 42

Parish of Orleans. Among other disputes, the parties hereby agree to 43

arbitrate the following: 44

1. Disputes Regarding Fees, Costs and Other Compensation Due to 45

Lawyer. All disputes relating to Costs, Fees, compensation or 46

remuneration to Lawyer, including but not limited to, disputes arising 47

under the law of contract, unjust enrichment, restitution and/or 48

quantum meruit shall be resolved by arbitration administered by the 49

Louisiana State Bar Association (“LSBA”) Program of Arbitration of 50

Legal Fee Disputes. 51

2. All Other Disputes. All other disputes, including but not limited to, 52

those arising under the law of tort, contract, restitution and/or legal 53

malpractice shall be resolved by arbitration administered by the 54

American Arbitration Association (“AAA”) in New Orleans, Louisiana 55

under the Commercial Arbitration Rules, Expedited Procedures 56

effective at the time of the dispute. Any arbitration matter declined or 57

rejected by the LSBA will be resolved pursuant to this paragraph. 58

B. Miscellaneous Arbitration Provisions. 59

1. Responsibility for Costs and Fees of Arbitration. The nonprevailing 60

party shall pay all Costs incurred by the prevailing party. In addition, 61

the nonprevailing party shall pay the prevailing party for all billable 62

time incurred in connection with arbitration and with enforcement of 63

any arbitration award, whether such billable time is incurred by 64

Lawyer acting on his own behalf or by a lawyer or a law firm retained 65

by the prevailing Lawyer or Client. The applicable rate for billable 66

time shall be $300/hour. 67

2. Informed Consent to Arbitration. Arbitration proceedings are ways to 68

resolve disputes without use of the court system. Lawyer and Client 69

understand that in agreeing to arbitrate, they are expressly waiving 70

their right to file any lawsuit in court, to broad discovery under the 71

applicable rules of procedure, to a trial by a judge or a jury and to 72

appeal. These are important rights that should not be given up 73

without careful consideration. Arbitration may be more expensive 74

than litigation and often involves substantial up-front costs. Lawyer 75

and Client understand that this paragraph does not prospectively 76

LAWYER-CLIENT AGREEMENT

limit Lawyer’s liability to Client in any way, nor does it impinge upon 77

Client’s right to make a disciplinary complaint to the appropriate 78

authorities. Client is advised of the desirability of seeking and is given 79

a reasonable opportunity to seek the advice of independent legal 80

counsel regarding this arbitration provision. Client is further advised 81

to review the detailed procedures and costs associated with arbitration 82

at the LSBA and AAA websites. To provide these opportunities, this 83

paragraph shall not be effective until 21 days after signing. If Client 84

does not wish this paragraph to become effective, Client shall within 85

this 21-day period provide written notice to Lawyer via certified 86

United States mail, return-receipt requested. 87

V. Retention, Delivery and Destruction of Files. Lawyer will scan and store all Client 88

files in electronic PDF format and destroy all hard-copy (paper) files given to or 89

received by Lawyer immediately after scanning. All files will be stored “in the cloud” 90

using widely-used providers such as Dropbox. Lawyer and Client understand that 91

there are risks to confidentiality associated with this means of data/document 92

storage. Lawyer will store at Lawyer’s expense all relevant PDF files relating to 93

Matter for a period of up to one (1) year following termination of Lawyer’s 94

representation. Lawyer may thereafter destroy all of Client’s files without further 95

notice to Client. In addition, Lawyer will store all relevant PDF files relating to 96

property of Client that Lawyer has held in trust for a period of five (5) years and 97

may thereafter destroy same without further notice to Client. Client may request in 98

writing that Lawyer make available to Client or the Client’s designee any PDF files 99

in Lawyer’s possession that have not been destroyed. Within seven (7) days of 100

receipt of such request, Lawyer shall make electronic (not hard-copy) files available 101

for download. 102

VI. Communication. Lawyer and Client will communicate with one another using 103

unencrypted email and cellular telephones. Both understand that there are risks to 104

confidentiality associated with these means of communication. 105

VII. No Guarantee. Client acknowledges that Lawyer has made no guarantee regarding 106

the disposition of any phase of this case. During the course of representation, 107

Lawyer may provide Client with his candid advice and professional predictions 108

regarding how the Matter may be resolved by a jury or other finder of fact. In so 109

doing, Lawyer makes no guarantee regarding the outcome. 110

VIII. Governing Law. This agreement shall be governed by the law of the State of 111

Louisiana. 112

IX. Complete Agreement, Amendment and Severability. This is the complete agreement 113

between Lawyer and Client with regard to matters addressed herein. Any changes 114

or amendments to this Agreement and any future agreement(s) as to Costs and/or 115

Fees owed under this Agreement must be set forth in a writing signed by the parties 116

in order to be effective. There are no oral agreements of any kind relating to 117

Lawyer’s representation of Client. If any portion of this Agreement, or any portion of 118

any paragraph of this Agreement, is declared invalid, the remaining portions shall 119

be given full effect. 120

LAWYER-CLIENT AGREEMENT

X. Electronic Signatures and Copies. Lawyer and Client agree that a digital signature 121

shall be effective to prove assent to the terms of this Agreement. Furthermore, 122

Lawyer and Client agree that the terms of this Agreement may be proved through 123

an electronic facsimile, including a scanned electronic copy in Portable Document 124

Format (“PDF”) or other digital format, and that no “original” hard-copy document 125

shall be retained by Lawyer to prove the terms of this Agreement. 126

XI. Notices. All notices shall be provided to the parties at the email addresses set forth127

below. 128

XII. Commencement; Effective Date. Lawyer will not begin work on Matter, has not been129

retained by the Client, and is under no duty to represent the Client until Client has 130

paid the Total Amount of Fee to Lawyer, and Lawyer has signed this Agreement and 131

returned it to Client. Unless otherwise provided herein (i.e., arbitration clause), this 132

Agreement is effective as of the date of Lawyer’s signature. 133

XIII. Consultation and Informed Consent. By signing below, Client acknowledges that134

Client has had the opportunity to discuss the terms of each paragraph of this 135

Agreement with Lawyer. 136

XIV. Applicability of Louisiana Rules of Professional Conduct. Lawyer and Client137

understand that Lawyer is bound by all provisions of the Louisiana Rules of 138

Professional Conduct (“Rules”). Any obligation arising under this Agreement that 139

conflicts with Lawyer’s obligations under the Rules shall have no effect. 140

Signed (either manually or digitally) as of the dates set forth below. 141

142

_________________________________

Lawyer

Dane S. Ciolino for

ANE S. CIOLINO, LLC

18 Farnham Place

Metairie, LA 70005-4008

Mobile: (504) 975-3263

Email: [email protected]

ate Signed: ______________________

_____________________________________________

Client

me: ______________________________________

ddress: ____________________________________

______

______________________________

____________________________________

Email: ______________________________________

obile: _____________________________________

Date Signed: ________________________________

LAWYER-CLIENT AGREEMENT

* * * END OF LAWYER-CLIENT AGREEMENT * * * 143