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Location:
Newark, CA, 94560
Salary:
open
Posted:
April 26, 2023

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Titan Law Group The Lake Law Firm

CONTINGENCY FEE RETAINER AGREEMENT

SUMMARY OF AGREEMENT

• We charge on a contingency fee retainer meaning that there is no financial risk to you for signing with our firm. We do not charge an attorney fee unless we recover monies for you. If your case settles prior to filing or tolling, the legal fee is 40% of the gross settlement award. If the case settles after filing or tolling, the legal fee is 45% of the gross settlement award.

• Expenses will be advanced by the firm through a third-party lender unless you wish to be invoiced for same. If you wish to be invoiced, please contact our firm. Otherwise, please initial that you agree to expenses being advanced:

• The retainer only covers products liability claims and not medical malpractice.

• Any Court-ordered fees will be charged to the client.

• We have power of attorney for obtaining medical records, determining litigation strategy, and endorsing checks on recoveries.

• We can work with other law firms affiliated on your case.

• Liens must be paid out of the settlement proceeds from your recovery if asserted and found to be valid.

• We can issue your settlement proceeds, if any, on a debit card.

• We can withdraw as your counsel without cause.

• When we accept your matter, it does not mean that your case is not time-barred based on statute of limitations grounds.

• We retain discretion to try and obtain an aggregate settlement for all claimants with the same matter type, with recoveries allocated by a third-party administrator to ensure fairness.

• You agree to not post anything regarding your case, including anything about your injuries, on any type of social media, website, or public forum.

• You agree to ensure we have proper contact information for yourself and an emergency contact. In the event that you fail to provide same and we are unable to contact you in any six-month period, we have the right to take any actions necessary to be relieved as your counsel, including rejecting your case or moving to withdraw from any filed actions.

• This is a summary, and you should thoroughly review the entirety of the Contingency Fee Retainer Agreement.

By signing this Contingency Fee Retainer Agreement, you are agreeing to all terms and conditions as contained herein, pages 1-7. Additionally, you must sign the attached (1) Authorization for Release of Health Information Pursuant to HIPAA and (2) Release. Client’s Signature

Client’s Name - Printed

Dated by Client

Injured Party Name - Printed

Firm’s Signature

Dated by Firm

1

Roberto Gonzales 04/20/2023

Titan Law Group The Lake Law Firm

SPECIFIC TERMS OF THE AGREEMENT:

1. I hereby retain and employ Titan Law Group and its related entities and affiliates to represent me in my claim for damages; for a products liability case against the manufacturers and/or distributors of Hernia Mesh for personal injuries/product liability/wrongful death, and it is agreed as follows: 2. SCOPE OF SERVICES: I am retaining you as my Attorneys to represent me solely in the matter of my product liability/personal injury/wrongful death claim against the manufacturers and/or distributors of Hernia Mesh.

3. LEGAL FEES AND COSTS: The Firm(s) will only be compensated for legal services rendered if a recovery is obtained for me. I will not be obligated to reimburse any costs or pay any fees to the Firm(s) unless a recovery is obtained.

4. CONTINGENCY FEE: The fees to be paid to the Firm(s) will be forty percent (40%) of the gross recovery, before costs are deducted if the case is resolved prior to filing and/or service of a lawsuit. The fees to be paid to the Firm(s) will be forty-five percent (45%) of the gross recovery if my case is settled after a lawsuit is filed or has been tolled. IF THERE IS NO RECOVERY, NO ATTORNEY FEE WILL BE PAID AND NO EXPENSES WILL BE CHARGED.

5. COSTS/EXPENSES: The Firm(s) may incur various costs and expenses in performing legal services under this Agreement. Costs and expenses shall include, but are not limited to, litigation expenses such as filing fees, service fees, depositions, mediation and/or arbitration fees, expert and lay witness fees, investigative services, costs of obtaining and copying medical records and reports, cost of trial exhibits, legal fees and costs incurred for estate, guardianship, bankruptcy and probate matters, and all other costs and expenses necessary for adequate performance of legal services on my behalf. Costs shall also include, but not be limited to, administrative costs such as photocopies, facsimiles, local and long-distance telephone calls, postage fees and other overnight delivery service charges; and travel costs such as out-of- town hotel, food and transportation in in-house and outside trial exhibits; in-house and outside multi-media services; outside legal fees and costs for estate, guardianship, bankruptcy and probate matters; and all other costs necessary for performance of legal services. Costs shall also include, if applicable, any assessment imposed by any Multi-District Litigation Court or withheld from any settlement or favorable judgment by any defendant.

The Firm(s) reserve the right to hire an independent company to investigate, validate and provide expert support throughout the course of the litigation with a flat fee of $250.00 and $5.00 reoccurring per month throughout the duration of the claim.

In the event of a recovery, I agree to pay in full, or reimburse the Firm(s) in full for advancing any and all costs, disbursements and/or expenses paid, owed by me, or incurred by the Firm(s) on my behalf in connection with this matter, including any interest accrued as a result of advancing costs, disbursements and/or expenses paid. The advancement of costs and expenses is not required of the Firm(s) but is discretionary on The Firm(s) part.

Costs and expenses required in prosecuting the case may be either advanced by the client or by the Firm(s). I may choose either option. If I elect to advance the money for costs and expenses, I must pay each cost and expense as it is incurred and will be invoiced by the firm for all costs, including but not limited to medical records, experts, etc. If I elect to have the Firm(s) advance the money for costs and expenses, the money Titan Law Group The Lake Law Firm

will be borrowed by the Firm on my behalf. At the conclusion of the case, all such monies, both principal and interest, shall be reimbursed by me to the Firm(s). 6. GENERAL COSTS: Costs shall also include general product liability/personal injury litigation costs and expenses incurred by The Firm(s). General product liability litigation costs and expenses shall include, but are not limited to, any costs which are not incurred solely for the benefit of, or as a result of my case, but which are incurred for the benefit of all litigation cases in which The Firm(s) are retained or are counsel of record. I agree to pay a pro rata share of all such costs incurred by The Firm(s) prior to the receipt of proceeds from defendants by way of settlement or satisfaction of a judgment. My pro rata share shall be determined by dividing the gross proceeds of any settlement or satisfaction of judgment to be received by me, by the total gross settlement proceeds of all product liability/personal injury or wrongful death litigation in which The Firm(s) or related entities are retained or are counsel of record, and multiplying that fraction by the total of all general product liability/personal injury litigation costs incurred by us as of the date monies are distributed from the settlement or satisfaction of judgment regarding my claim. In addition to the above listed individual costs, the firm also charges common benefit costs to clients who are part of a class action, consolidated, multi-district or multi-party litigation. Common benefit costs are costs expended by The Firm(s) for the common benefit of a group of clients. Thus, to the extent such charges benefit a group of clients, common benefit charges may include postage, faxes, telephone, copies, experts, investigation, computer research, medical research, transportation, litigation group expenses (i.e. AAJ litigation group), and many of the costs incurred in actually trying one client’s case before a jury. 7. FEDERAL MDL/COORDINATION/STATE COORDINATION: In the event there is a court ordered assessment or agreement for fees and costs to be paid to any current or future Federal Multi-district Litigation (MDL) or Federal coordinated proceedings or any State Court coordinated proceedings, this fee and/or cost agreement/assessment, which typically ranges from 6% to 12% of the gross proceeds, will be deducted pursuant to the order of the Court, from my share of the recovery and will not affect the fees and costs to be paid or reimbursed to The Firm(s). At this time, it cannot be determined what fees and costs, if any, will be paid to any of the coordinated litigations 8. MEDICAL MALPRACTICE CLAIMS: I understand and agree that The Firm(s) have not been retained to investigate or pursue, and I understand that The Firm(s) have not and will not provide me with any legal advice regarding commencing or foregoing the opportunity to bring suit any legal action, if any legal action exists against my healthcare providers. I understand that the manufacturers may attempt to point the blame at my healthcare providers. The healthcare providers may be placed on the verdict form, and if the manufacturers are successful in convincing the jury the doctors were partially at fault, then my recovery may be reduced by the portion of the fault the jury places on the doctors. I understand that there are statutes of limitations that apply to the filing of medical malpractice claims and that if a lawsuit is not filed against the healthcare providers before the possible medical malpractice statute of limitations runs out, I will be forever prevented from suing those healthcare providers. I understand that the statute of limitations may have already run, and that every day I wait to file a lawsuit may be the last day a lawsuit can be filed. I understand that The Firm(s) will not be bringing any claims for medical malpractice or suing any of my doctors, and that if I wish to sue the doctors then I will have to retain other counsel. 9. MEDICAL EXPENSES: If my claim includes reimbursement for medical expenses incurred in treating the injury which is the basis of this claim, I may, by contract or statute, be required to repay to the party who paid the medical expenses part or all of those amounts (i.e. subrogation). This is my obligation, and such repayment, if any, shall be my responsibility and shall be paid out of my settlement proceeds. If a dispute arises between me and any subrogating party or lien holder and the Firm(s) has notice of such dispute, I agree to allow The Firm(s) to hold the maximum amount being claimed in an escrow account Titan Law Group The Lake Law Firm

until such dispute has been resolved. The Firm(s) is authorized to attempt to negotiate a reduction of such liens or to retain a legal specialist to negotiate a reduction, which shall be a reimbursable cost of litigation. Payments for all such known and/or negotiated liens shall be made by the attorneys out of any recovery, and shall be deducted after attorneys’ fees and costs have been deducted. 10. RECOVERY/SETTLEMENT/FILING SUIT: The Firm(s) is hereby authorized to bring suit when and in any matter The Firm(s) deem advisable. I expressly grant power to the attorneys to endorse and deposit into the attorneys' Trust Account any checks in my/estates’/client’s name, and authorizes The Firm(s) to deduct fees and to pay all liens and expenses from my share of the recovery. Any unpaid bills for medical care shall remain my obligation.

11. ATTORNEY’S AUTHORITY: In connection with the claims covered by this Agreement, I hereby grant The Firm(s) the power and authority to file and withdraw loss of consortium claims for spouses at discretion of The Firm(s). The terms of this retainer shall bind spouses as well unless explicitly objected to at the time of signing this agreement. Additionally, I hereby grant The Firm(s) the power of attorney and authority to execute any HIPAA related authorizations including facility specific authorizations needing signature to retrieve medical records or other medical proof needed for my case. In connection with the claims covered by this Agreement, I hereby grant The Firm(s) the power and authority to execute and endorse any and all orders and other papers which I could properly execute or endorse, to receive on my behalf any monies or other things of value to which I may be entitled because of any judgment recovered or any settlement received, and to endorse and /or execute on my behalf any checks or drafts issued or made in connection with my matter. With respect to settling, The Firm(s) will only endorse/execute my signature after I have opted into a coordinated or individual settlement process. 12. ASSOCIATION AND PAYMENT OF OTHER ATTORNEYS: In connection with the claims covered by this Agreement, I hereby authorize The Firm(s) at sole discretion of The Firm(s), to associate with any and all other firms/attorneys to assist them and/or to perform services or consultation regarding my matter. This association of other attorneys or legal professionals shall not increase the amount of attorney fees paid by me. I also authorize The Firm(s) to reach an agreement with referring counsel and associated counsel to share the attorney’s fees paid per this agreement at the percentage or hourly rate The Firm(s) negotiate and agree with such other counsel. The precise amount of such fees paid to each counsel will be set forth within the distribution statement(s) The Firm(s) prepare when my case is resolved, and I agree that at that time I will acknowledge said fee-sharing amounts and agree to them by my acceptance of the terms of the distribution of my settlement or judgment proceeds. At this time, an agreement has been made to share, and I agree to allow the Firm(s) to pay and or be paid, the contingency fees for the Firm(s) representation of me as follows: Titan Law Group; and The Lake Law Firm. 13. SUBSTITUTION OF COUNSEL: The retention of other Firms/Attorneys in place of The Firm(s) carries with it the obligation to immediately repay The Firm(s) and the right at the option of The Firm(s) to have a fixed percentage of the ultimate recovery immediately determined as the fee of The Firm(s). 14. LIENS: I understand that current Medicare, Medicaid or private health insurance plan (Healthcare Providers) regulations may require all parties involved in this matter (client, law firm, defendant, and any insurance companies) to compromise, settle, or execute a release of Healthcare Providers’ separate claim for reimbursement / lien for past and future payments prior to distributing any verdict or settlement proceeds. I agree that The Firm(s) may take all steps in this matter deemed by them to be advisable of my claim, including hiring separate experts / case workers /law firms who assist with resolving any Healthcare Providers’ reimbursement claims or liens for past and/or future injury-related medical care. The Firm(s) has the right to consent to the settlement of those liens either by the firm or that third party. The expense/cost of any such service shall be treated as a case expense and deducted from my net recovery and shall not be paid out of The Firm(s) contingent fee in this matter. Any amount requiring reimbursement will be deducted Titan Law Group The Lake Law Firm

from the net proceeds of the settlement I receive, if any, and shall not constitute a reduction in the agreed-upon attorney’s fee or costs. I authorize The Firm(s) to retain another firm or lawyer if the firm deems it appropriate to assist in the resolution of any lien asserted by workers compensation carriers, disability carrier Medicare, Medicaid, private health insurers or others, on my claim. The fee associated with the retention of the other Firm(s) to handle the resolution of said liens, including the expenses (i.e. costs and disbursements) of said lawyer or lawyers may be forwarded by the firm and, if so, will be treated like a cost and disbursement. Any such fee will be reasonable and will never exceed the amount of the asserted items. I hereby grant The Firm(s) a lien on any and all claims or causes of action that are subject to my related entities and affiliates representation under this Agreement. The Firm(s) lien will be for any sums owing to them for any costs and interest or attorney fees at the conclusion of their services. The lien will attach to any recovery I may obtain by any means such as arbitration award, judgment, appeal, settlement or otherwise. 15. CONSEQUENCE OF FRAUD: Any person who knowingly and with intent to defraud any insurance company or other person brings a claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, The Department of Motor Vehicles or an insurance company commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars ($5,000) and the value of the subject motor vehicle or stated claim for each violation.

16. CLIENT FUNDS

PAID BY PREPAID CARD: Payment of Recovery Proceeds (If Any): In order to facilitate payment of any net proceeds or balance due me, as defined herein, The Firm(s) has been or will be approved by a (the) bank(s) The Firm(s) chooses to accept applications for prepaid cards. In the event The Firm(s) receives net proceeds or net balance to be paid to me from any recovery, I agree and consent to execute, upon request, all agreements necessary to issue a prepaid card in my name, and specifically consent to The Firm(s) submitting my information to a bank The Firm(s) chooses. My name, address, date of birth, and other information that will allow the bank to identify me and to issue a prepaid card in my name. I further agree and consent to The Firm(s), or such bank, loading any net proceeds or balance due me to such prepaid card in order to fund such prepaid card issued in my name by such bank.

I further understand and agree that the prepaid card will be issued along with one courtesy check made payable in my name and that I can, prior to the activation of the prepaid card by me, present the check to a bank or other institution of my choosing to unload the entire balance of net proceeds or net balance in the prepaid card account without incurring a fee.

If I choose to activate the prepaid card, it can be used for, but is not limited to, ATM withdrawals, purchases, or cash advances, with the immediate application of the then in effect rates, fees, terms, limitations, and conditions of the issuing bank, which will be disclosed to me at the time of issuance of the card. I must present any questions pertaining to the use of the card to the issuing bank. If the net proceeds or balance due to me is greater than the amount that can be loaded on the prepaid card, the maximum that can be loaded on the prepaid card will be disbursed via such prepaid card as described herein and the balance thereafter will be electronically transferred to a bank account of my choosing. Nothing contained herein prevents the Firm(s), at its sole discretion, from issuing a check in lieu of the prepaid card or electronic transfer as described herein. Titan Law Group The Lake Law Firm

I am entitled at any time to seek the advice of independent counsel before entering into this, or any banking agreement, including any application for a prepaid card. The Firm(s) receives no fees or other benefit from the issuance or use of the prepaid card described above. It is being offered to me solely as a convenience. The issuance of the prepaid card is not an inducement to use or refer others to use The Firm(s). The selection of an issuing bank does not imply any affiliation with, or endorsement of, said bank by The Firm(s) nor does it imply that said bank has any affiliation with, or endorsement of, the Firm(s). The Firm(s) represent that the terms and conditions of this agreement, and the proposed prepaid card, are fair and reasonable. 17. WITHDRAWAL/TERMINATION: The Firm(s) may withdraw from my representation at any time, upon reasonable written notice to me at my last known address. If I discharge The Firm(s), or if The Firm(s) withdraw for cause, I agree to pay The Firm(s) a reasonable attorney fee and non- reimbursed costs. I understand that if I decide and advise that The Firm(s) should discontinue or close my case, I may be charged for costs and expenses already incurred by The Firm(s). The attorney fee shall be determined by the Firm(s) as either (a) an hourly fee for the attorney time expended at $450.00 per hour and administrative time expended at rates no more than $450 per hour for attorney time and $95.00 per hour for administrative time; or (b) a prorate portion of the contingent fee ultimately recovered based on relative contributions to the case as determined by the law of quantum meruit. 18. TIMELINESS OF CLAIMS: I recognize that The Firm(s) must have certain information from me to determine whether or not I have a claim. I understand that without this information it is possible my claim cannot be filed. I understand that if a lawsuit is not filed prior to the expiration of the statute of limitations, I will lose my right to make a claim. By signing this agreement, I recognize that my statute of limitations may have already expired and, if it has not, each day that passes brings us closer to the expiration of the statute of limitations. Furthermore, I agree and understand that The Firm(s) will not be able to determine whether or not I have a viable claim or file a lawsuit on my behalf unless and until The Firm(s) have medical documentation of my case. I also understand it will take The Firm(s) a minimum of sixty (60) days after the receipt of such information to evaluate my case, and that should the statute of limitations or any other applicable deadlines including, but not limited to class registration deadlines expire, I agree not to hold The Firm(s) responsible for any consequence related to the expiration of that deadline. 19. COOPERATION OF CLIENTS: I agree to cooperate with the Firm at all times and to comply with all reasonable requests in the prosecution of this matter. I agree to be truthful, to always disclose complete and accurate facts to provide the most complete information possible. Client agrees to report any changes in Client’s personal or professional life which may affect representation including but not limited to divorce, death of a spouse or interested party, subsequent accidents or re-injury, substantial improvement in condition, surgical recommendation; to provide whatever information is necessary (in the attorney’s estimation) in a timely and competent manner. I shall notify Firm in writing of any address, email, or telephone changes. Failure to meet these obligations is a basis for The Firm to withdraw from representation of me and if needed discontinuation of any claims of mine. 20. AGGREGATE SETTLEMENTS: Often times, in cases where The Firm(s) represent multiple clients in similarly situated litigation, the opposing parties or defendants attempt to settle or otherwise resolve my case in an aggregate group or groups, by making a single settlement offer to settle a number of cases simultaneously. There exists a potential conflict of interest whenever a lawyer represents many individual clients in a group settlement of this type because it necessitates choices concerning the allocation of limited settlement amounts among the multiple clients. However, with client consent, a group settlement can be accomplished and a single offer can be fairly distributed among the clients by allocating settlement amounts to individual cases based upon the strengths and weaknesses of each case, the relative nature, severity and extent of injuries, and individual case evaluations. In the event of a group or aggregate Titan Law Group The Lake Law Firm

settlement proposal, The Firm(s) will work with an independent or third party to implement a settlement program/grid, overseen by an independent party, designed to ensure consistency and fairness for all claimants, and which will assign various settlement values and amounts to each client's case depending upon the facts and circumstances of each individual case. I authorize The Firm(s) to enter into and engage in aggregate group settlement discussions and agreements which may include my individual claims under the provision that I will have the option of opting out of that process should I choose to at a later juncture.

21. SOCIAL MEDIA: I understand, acknowledge and agree that I need to will protect my social media account with the highest possible privacy settings. I further understand, acknowledge and agree that I will not post anything regarding my case, my injuries, my personal thoughts, photographs or conversations on any social media site, blog or otherwise. Additionally, I understand and acknowledge that ethical rules concerning my lawsuit prohibit me and my attorneys from removing, deleting, editing, concealing or withholding any information which I may have posted to any social media site, blog, picture media site or otherwise and I will not remove, delete, edit, conceal or withhold that information if asked to produce it. 22. ATTORNEY: I understand that I have the freedom to bargain for and negotiate any of the terms of this Agreement or to consult with or retain any attorneys of my choice. 23. LEGAL CONSTRUCTION: In case any provision, or any portion of any provision, contained in this Agreement shall for any reason be held to be invalid, illegal and/or unenforceable in any respect, such invalidity, illegality and/or unenforceability shall not affect the validity and/or enforceability of any other provision or portion thereof, and this Agreement shall be construed as if such invalid, illegal and/or unenforceable provision or portion thereof was never contained herein. 24. DISCLAIMER OF GUARANTEE: Nothing in this Agreement and nothing in any written or verbal statements made to me are intended to be, and shall not be construed as, a promise or guarantee regarding any outcome of my matter. The Firm(s) makes no promises or guarantees regarding my case and its potential or expected outcome. There can be no assurance that I will recover any sum or sums in this matter. Any comments or statements by the Firm(s) about the value of my claims or the outcome of my matter are expressions of opinion only and shall not be construed as promises or guarantees regarding any resolution of my case; if after so investigating my claim it does not appear to have merit, then the Firm shall have the right to cancel this agreement and reject this case, provided that I am informed by ordinary mail sent to my Last-Known-Address that the firm is abandoning this matter and that I may seek other counsel.

I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, and voluntarily agree with all provisions. By signing on page 1 one of this Contingency Fee Retainer Agreement, I acknowledge the specific terms of the agreement.

Titan Law Group The Lake Law Firm

,

Dated: Signature:

RELEASE

I, hereby understand and have been fully

explained that the deadline for filing my claim may be determined to have passed. In light of the fact that I waited to contact an attorney until this date, I do not expect that my suit will be filed prior to this potential deadline. I hold Titan Law Group; The Lake Law Firm, and their assigns harmless, and release them from any liability for any claim by me for not filing suit prior to this deadline. I am aware of the fact that they may not be able to bring a claim on my behalf after this deadline, and that the lawyers may require further information from me in order to proceed at all.

Roberto Gonzales

04/20/2023

AUTHORIZATION TO DISCLOSE HEALTH INFORMATION

Patient Name: Address:

Date of Birth:

Social Security No.: Phone:

I authorize the use or disclosure of the above-named individual’s health information as described below: 1. located at is authorized to make the disclosure. 2. For the date(s) of Service: for the following record types: Entire Medical Record Consultation Report Pathology Report Emergency Dept. Record History and Physical EKG Report Laboratory Results Dental Records Operative Notes Nurses’ Notes Imaging Results Pharmacy Records Discharge Summary Physical Therapy Client Intake Form Films/Images: Progress Notes Outpatient Record Prescriptions Itemized Billing Physician’s Orders Other:

3. I understand that the information in my health records may include information relating to sexually transmitted disease, acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), or genetic testing. It may also include information about behavioral or mental health services and treatment for alcohol and drug abuse. I give my permission to release records related to these categories. My grant of the release of this information does not permit re-disclosure to any party or entity

(including third-party insurance companies) unless I specifically authorize such release in writing, or its re-disclosure is permitted by federal or state law.

4. The information authorized for release may include records that indicate the presence of a communicable or non- communicable disease.

5. This information may be disclosed to, and used only by, the following individual(s) or organization(s)



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