Loading...
HomeMy WebLinkAboutAuthority to Represent - Agreement with McHugh Fuller Law AUTI3ORITY TO REPRESENT RE : Orange County , North Carolina civil suit against those legally responsible for the wrongful distribution of prescription opiates and dania es caused thereby. ORANGE COUNTY , NORTH CAROLINA (hereinafter " CLIENT") hereby retains the law firm MCHUGH FULLER LAW GROUP , PLLC , pursuant to the North Carolina Rules of Professional Responsibility , on a contingent fee basis , to pursue all civil remedies against those in the chain of distribution of prescription opiates responsible for the opioid epidemic which is plaguing Orange County, North Carolina, including , but not limited to , filing a claim for public nuisance to abate the damages caused thereby . Michael Jay Fuller, Jr . , Esq . of the law firm MCHUGH FULLER LAW GROUP , PLLC shall serve as LEAD COUNSEL . CLIENT authorizes lead counsel to employ and/or associate additional counsel , with consent of CLIENT , to assist LEAD COUNSEL in the just prosecution of the case . CLIENT consents to the participation of the following firms : GREENE , KETCHUM, FARRELL , BAILEY & TWEEL , LLP 419 1 lth Street Huntington, West Virginia LEVIN , PAPANTONIO , THOMAS , MITCHELL , RAFFERTY & PROCTOR, PA 316 South Baylen Street Pensacola, Florida BARON & BUDD , PC 3102 Oak Lawn Avenue # 1100 Dallas , Texas HILL PETERSON CARPER BEE & DEITZLER PLLC 500 Tracy Way Charleston , West Virginia MCHUGH FULLER LAW GROUP 97 Elias Whiddon Rd Hattiesburg , Mississippi POWELL & MAJESTRO , PLLC 405 Capitol Street, Suite P - 1200 Charleston , West Virginia DONALD R . VAUGHAN AND ASSOCIATES 612 W . Friendly Avenue Greensboro , North Carolina PINTO , COATES , KYRE & BOWERS , PLLC 3203 Brassfield Road Greensboro , North Carolina GEORGE B . DANIEL, P . A . 139 E . Main Street Yanceyville , North Carolina In consideration , CLIENT agrees to pay twenty- five percent (25 % ) of the total recovery (gross) in favor Page 1 of 3 of the CLIENT as an attorney fee whether the claim is resolved by compromise , settlement, or trial and verdict ( and appeal ) . The gross recovery shall be calculated on the amount obtained before the deduction of costs and expenses . CLIENT grants Attorneys an interest in a fee based on the gross recovery . If a court awards attorneys ' fees , Attorneys shall receive the " greater of" the gross recovery - based contingent fee or the attorneys ' fees awarded . There is no fee if there is no recovery. MCHuGH FULLER LAw GROUP , PLLC and the other law firms , hereinafter referred to as the "Attorneys , " agree to advance all litigation expenses necessary to prosecute these claims . All such litigation expenses , including the reasonable internal costs of electronically stored information (ESI) and electronic discovery generally or the direct costs incurred from any outside contractor for those services , will be deducted from any recovery after the contingent fee is calculated , There is no reimbursement of litigation expenses if there is no recovery. The CLIENT acknowledges this fee is reasonable given the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly, the likelihood this employment will preclude other employment by the Attorneys , the fee customarily charged in the locality for similar legal services , the anticipated (contingent) litigation expenses and the anticipated results obtained , the experience , reputation , and ability of the lawyer or lawyers performing the services and the fact that the fee is contingent upon a successful recovery . This litigation is intended to address a significant problem in the community . The litigation focuses on the manufacturers and wholesale distributors and their role in the diversion of millions of prescription opiates into the illicit market which has resulted in opioid addiction, abuse , morbidity and mortality . There is no easy solution and no precedent for such an action against this sector of the industry . Many of the facts of the case are locked behind closed doors . The billion dollar industry denies liability . The litigation will be very expensive and the litigation expenses will be advanced by the Attorneys with reimbursement contingent upon a successful recovery . The outcome is uncertain, like all civil litigation , with compensation contingent upon a successful recovery . Consequently, there must be a clear understanding between the CLIENT and the Attorneys regarding the definition of a " successful recovery . " The Attorneys intend to present a damage model designed to abate the public health and safety crisis . This damage model may take the form of money damages or equitable remedies ( e . g . , abatement fund ) . The purpose of the lawsuit is to seek reimbursement of the costs incurred in the past fighting the opioid epidemic and /or to recover the funds necessary to abate the health and safety crisis caused by the unlawful conduct of the manufacturers and wholesale distributors . The CLIENT agrees to compensate the Attorneys , contingent upon prevailing, by paying 25 % of any settlement/resolution/judgment , in favor of the CLIENT, whether it takes the form of monetary damages or equitable relief. For instance , if the remedy is in the form of monetary damages , CLIENT agrees to pay 25 % of the gross amount to Attorneys as compensation and then reimburse the reasonable litigation expenses . If the remedy is in the form of equitable relief (e . g . , abatement fund) , CLIENT agrees to pay 25 % of the gross value of the equitable relief to the Attorneys as compensation and then reimburse the reasonable litigation expenses . To be clear, Attorneys shall not be paid nor receive reimbursement from public funds , However , any judgment arising from successful prosecution of the case , or any consideration arising from a settlement of the matter, whether monetary or equitable , shall not be considered public funds for purposes of calculating the contingent fee . Under no circumstances shall the CLIENT be obligated to pay any Attorneys fee or any litigation expenses except from moneys expended by defendant (s) pursuant to the resolution of the CLIENT ' s claims . If the defendant( s) expend their own resources to abate the public health and safety crisis in exchange for a release of liability, then the Attorneys will be paid the designated contingent fee from the resources expended by the defendant( s ) . CLIENT acknowledges this is a necessary condition required by the Attorneys to dedicate their time and invest their resources on a contingent basis to this enormous project , If the defendant(s) negotiate a release of liability, then the Attorneys should be compensated based upon the consideration offered to induce the dismissal of the lawsuit . The foregoing notwithstanding, Client shall not be obligated to pay any attorney fees and/or litigation expenses in any way Page 2 of 3 related to this litigation except from funds furnished by Defendants . The division of fees , expenses and labor between the Attorneys will be decided by private agreement between the law firms and subject to approval by the CLIENT . Any division of fees will be governed by the North Carolina Rules of Professional Conduct including ; ( 1 ) the division of fees is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation and agrees to be available for consultation with the CLIENT; (2 ) the CLIENT agrees to the arrangement, including the share each lawyer will receive , and the agreement is confirmed in this writing ; and (3 ) the total fee is reasonable . LEAD COUNSEL shall appoint a contact person to keep the CLIENT reasonably informed about the status of the matter in a manner deemed appropriate by the CLIENT . The CLIENT at all times shall retain the authority to decide the disposition of the case and maintain absolute control of the litigation . Upon conclusion of this matter, LEAD COUNSEL shall provide the CLIENT with a written statement stating the outcome of the matter and, if there is a recovery , showing the remittance to the client and the method of its determination . The closing statement shall specify the manner in which the compensation was determined under the agreement, any costs and expenses deducted by the lawyer from the judgment or settlement involved, and , if applicable, the actual division of the lawyers ' fees with a lawyer not in the same firm , as required in Rule 1 . 05 ( e) (3 ) of the North Carolina Rules of Professional Conduct . The closing statement shall be signed by the CLIENT and each attorney among whom the fee is being divided . Nothing in this Agreement and nothing in the Attorneys ' statement to the CLIENT may be construed as a promise or guarantee about the outcome of this matter. The Attorneys make no such promises or guarantees . Attorneys ' comments about the outcome of this matter are expressions of opinion only and the Attorneys make no guarantee as to the outcome of any litigation , settlement or trial proceedings . SIGNED , this day of 2018 . On Behalf f th re County Board of Commissioners fG i Mark orosin , air ISL L , •, ,;; ' Atdy ; n a��`>/ ofit a Doi na Baker, Clerk to the Board This instrument s I piea edited in the manner required by the Local Government Budget and Fiscal Control Act : Orange Count C iefTIffficial Officer Accepted . McHUGii FULLER LAw GROUP , PLLC 97 Elias Whiddon Rd Hattiesburg , MS 39402 (601 ) 261 - 2220 By Mlchae 1 r . , Esq . Date Lead na . Vel Page 3 of 3