HomeMy WebLinkAboutContracts & Agreements_40-2006_CCv0001.pdf WAIVER OF CONFLICT AGREEMENT
1. We have explained and you are each aware of the potential conflict which
may arise if the cases are settled or we receive a verdict at trial for less than
what either of you may feel is the full value of your claim. In essence, we
cannot advise either of you in a dispute between you regarding distribution of
money recovered or any other issue in the case.
2. You have agreed to waive any present or potential conflict we have or which
may arise in order to have us represent you both.
3. You have agreed that the City of Redlands is entitled to the first monies
recovered up to its expenditures and all sums over and above that will belong
to Richard Barnes.
4. The net amount received by Richard Barnes for his personal injury claim will
be subject to the City of Redlands' right to credit against further or future
compensation pursuant to Labor Code § 3861.
5. The City of Redlands has agreed to a contingency fee agreement, including
reimbursement of costs, with the Law Offices of S. Henslee Smith. Richard
Barnes agrees that he will be subject to that agreement and pay for his share
of attorney's fees from his share of any recovery and will further agree to pay
his pro rata share of the costs incurred after this agreement is signed by all
parties.
& In the event a settlement is reached as to the City of Redlands' claim only,
Richard Barnes will be responsible for payment of all attorney fees and costs
incurred thereafter. Should that occur a fee agreement must then be signed
in order for us to continue to represent him.
DATED:
R CHARD BARNES
DATED: February 21, 2006 ion arrison
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