Medical Director with the OmniIPA and the the P3 health .
Resume:
ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
FELAHY TRIAL LAWYERS
Glendale, CA 91203
www.felahylaw.com
April 29, 2025
ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
This document (the "Agreement") is the written fee agreement that California law requires lawyers to have with their Client. FELAHY TRIAL LAWYERS, APC ("Attorney"), will provide legal services to Isam Felahy, M.D., (referred to as "Client") on the terms set forth below.
1. CONDITIONS: This Contract supersedes any prior agreement between Attorney and Client and is effective when signed.
2. SCOPE AND DUTIES: Client is hiring Attorney to represent him in a potential action for wrongful termination and age discrimination against his former employer P3 Health Partners. Client’s work location was Stockton, California and any action filed on his behalf shall be filed in either the local jurisdiction. Attorney’s representation shall include all pre-litigation, litigation, and post-litigation work. 3. DEPOSITS: Attorney shall advance all costs on the case to be deducted from client’s share of the litigation proceeds if there is a settlement or a judgment which results in a collection. 4. LEGAL FEES AND BILLING PRACTICES. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay for Attorney’s services at the rate of 45% of the Gross Recovery Obtained on the case. The term "gross recovery" means the total of all amounts received by settlement, arbitration award or judgment, prior to subtracting all unpaid costs which shall be deducted from client’s share of any settlement. By way of example, if the case settles and/or results in a judgment in the amount of $2,000,000.00 and the costs incurred by attorney on client’s behalf are $100,000.00, then Client’s share shall be [$2,000,000.00 X 0.55 =
$1,100,000.00 - $100,000.00 = $1,000,000.00.] This is merely an illustration and example and is not intended to convey any promise of any specific outcome.
5. COSTS AND EXPENSES: Attorney shall advance all costs which shall be deducted from client’s share only in the event of a recovery. Client understands and agrees that no credit is given for prior costs or fees paid by Client and that any such payments are regarded as having been earned under the prior retainer agreement. If there is no recovery (e.g., the case is lost at summary judgment or trial), then all costs are waived and Client owes nothing. If there is a recovery, Attorney shall recover advanced costs from Client’s share of any settlement or judgment. In such an event, Client shall reimburse Attorney for all expert witness fees, process servers’ fees, fees fixed by law or assessed by courts or other agencies, court reporters’ fees, arbitration fees and costs, any long distance telephone charges, messenger and other delivery fees, postage, and photocopying/scanning/file downloads at actual cost. Attorney shall be reimbursed for all outstanding costs and expenses upon settlement or discharge or withdrawal of this matter. In the event that an award of costs is sought on Client’s behalf in this action, Client understands that the amount which the court may order as costs is the amount the court believes the party is entitled to recover, and does not necessarily determine what costs Attorney is entitled to charge its Client or that only the costs which were allowed were reasonable. Client agrees that, whether or not Attorney's fees or costs are awarded by the court in this action, Client remains responsible for the payment, in full, of all Attorney's fee and costs in connection with this matter. Client authorizes Attorney to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary to Attorney’s judgment. Page 2 of 4
ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
6. ATTORNEY’S AUTHORITY: In connection with the claims covered by this Agreement, Client hereby gives Attorney the power and authority to execute any and all claims, deposits, orders, and other papers which Client could properly execute, and to receive on Client’s behalf any monies or other things of value to which Client may be entitled because of any judgment recovered or any settlement received. Attorney reserves the right to associate into this matter any other attorney(s) when in the judgment of Attorney such association would be in the best interest of Client’s action.
7. DISCHARGE AND WITHDRAWAL: Client may discharge Attorney at any time, upon written notice to Attorney and Attorney will immediately, after receiving such notice, cease to tender additional services. Such discharge does not, however, relieve Client of the obligation to pay any costs incurred prior to such termination, and Attorney has the right to recover from Client the reasonable value of Attorney's legal services rendered from the effective date of this Agreement to the date of discharge. Client further understands and agrees that if Client is more than fifteen (10) days late on any payment to be made under the terms of this agreement, attorney may, at Attorney’s sole discretion, withdraw from further representation. Attorney may withdraw from representation of Client (a) with Client's consent, or (b) upon court approval, or (c) if no court action has been filed, upon reasonable notice to Client though a written correspondence to the Client’s last known address. Good cause for withdrawal from representation includes Client’s breach of this Agreement, Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material matter, or any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.
8. CONCLUSION OF SERVICES: When attorney’s services concluded, all unpaid charges for cost, expenses, interest charges and fees shall become immediately due and payable. In the event that Client discharges Attorney at any time, all outstanding costs and expenses, billed or unbilled, including all interest charges, Client agrees to pay Attorney immediately upon discharge by Client. After Attorney’s services conclude, Attorney will, upon Client’s request, make Client’s file available to Client, along with any Client funds or property of Client’s in Attorney’s possession. 9. DISCLAIMER PROVISION: Nothing in this Contract and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promise or guarantee. Attorneys’ comments about the outcome of Client’s matter are expressions of opinion only. Furthermore, Client is advised that Pursuant to Rule 3-410 of the Rules of Professional Conduct, there is no insurance which covers said representation.
10. ARBITRATION: If any dispute arises between Attorney and Client under this retainer agreement both Attorney and Client agree to submit the dispute to arbitration under the Rules of JAMS Arbitration, Mediation, and ADR Services and the decision of the arbitrator shall be binding upon both parties as if rendered by a court of law. All disputes between Attorney and Client are covered by this arbitration clause including, but not limited to: Fee Disputes, Claims of Malpractice; All tort claims and any other disputes that arise directly or indirectly from Attorney’s representation of Client. Client understands and agrees that by signing this retainer agreement, Client waives the right to a trial by jury. 11. WAIVER OF JURY TRIAL: Both parties agree that their rights to a trial by Jury is waived in any action brought for, relating to, or as a consequence of Attorney’s representation, including, but not limited to, Fee Disputes, Claims of Malpractice, and All tort claims and any other disputes that arise directly or indirectly from Attorney’s representation of client.
12. DISCLAIMER PROVISION: Nothing in this Contract and nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promise or guarantee. Attorneys’ comments about the outcome of Client’s matter are expressions of opinion only. Furthermore, Client is advised that Pursuant to Rule 3-410 of the Rules of Professional Conduct, there is no third party coverage insuring said representation. Page 3 of 4
ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
13. ARBITRATION: If any dispute arises between Attorney and Client under this retainer agreement both Attorney and Client agree to submit the dispute to arbitration under the Rules of JAMS Arbitration, Mediation, and ADR Services and the decision of the arbitrator shall be binding upon both parties as if rendered by a court of law. All disputes between Attorney and Client are covered by this arbitration clause including, but not limited to: Fee Disputes, Claims of Malpractice; All tort claims and any other disputes that arise directly or indirectly from Attorney’s representation of Client. Client understands and agrees that by signing this retainer agreement, Client waives the right to a trial by jury. 14. WAIVER OF JURY TRIAL: Both parties agree that their rights to a trial by Jury is waived in any action brought for, relating to, or as a consequence of Attorney’s representation, including, but not limited to, Fee Disputes, Claims of Malpractice, and All tort claims and any other disputes that arise directly or indirectly from Attorney’s representation of client.
15. SEVERABILITY: If any paragraph of the Agreement is found to be unenforceable by a court of competent jurisdiction, then the balance of the Agreement shall continue to be enforceable by the parties. 16. COUNTERPART: This retainer Agreement may be signed in counterpart by the parties. 17. RECEIPT OF RETAINER AGREEMENT BY CLIENT: The Client hereby acknowledge receipt of a copy of this original agreement.
18. EFFECTIVE DATE: This Contract will take effect when Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Contract is for reference only. Even if this Contract does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client. Page 4 of 4
ATTORNEY-CLIENT CONTINGENCY FEE AGREEMENT
FELAHY TRIAL LAWYERS, APC
Attorney:
I/We have read and understood the foregoing terms and agree to them, as of the date FELAHY TRIAL LAWYERS, APC first provided services. If more than one party signs below, we agree to be liable jointly and severally for all obligations under this Agreement.
Dated:
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