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legal Serbtass agreentent¶
Marsh Law Firm (“Firm”) and (“Client”) (the Firm and Client together are the “Parties”, the Firm or Client individually is a “Party”) hereby agree that the Firm will provide legal services to the Client on the terms set forth below.¶
I. SCOPE OF LEGAL SERVICES¶
The Client hires the Firm to provide legal services concerning any and all past, present, and future legal causes of adion or claims associated with, corollary to. or arising from any and all allegations or instances of sexual abuse involving the Client and Jeffrey Epstein, Ghislaine Maxwell. and/or any others participating in or in any way connected to Jeffrey Epstein’s sex trafficking insofar as those causes of action or claims arc against or involve the Federal Bureau of Investigation, the Department of Justice, and/or other city, state, and/or federal government entities’ failure to investigate Jeffrey Epstein and his co-conspirators.. This includes all causes of action or claims—including criminal, civil, and other—arising from these allegations or instances, whether in connedion with one or more individual or multi-party case(s) or class aCtion(s). These causes of adion and claims are defined collectively as the “Claims.”¶
The Client has not retained any other attomey(s) in connection with the Claims. The Client previously retained counsel to pursue claims against the Epstein estate, JP Morgan/Deutsche Bank. and perhaps others relating to Epstein’s sex trafficking operation. The retention of those attorneys has either been concluded or do not encompass/apply to the Claims.¶
Although we arc not currently aware of claims relating to your image(s), in the event that such claims exist, the Client also hires the Firm to provide legal services concerning all past, present, and future legal causes of action or claims associated with, corollary to, or arising from all photographic, digital, film or any other image(s) or likeness of the Client located anywhere worldwide. This includes all legal causes of adion—including copyright, tort. equity, and civil—arising from the creation, distribution, and possession of the Client’s child sex abuse material (“CSAM”), images, videos, or likeness by any person, corporation, or other public, private, or nonprofit entity or syndicate anywhere in the world.¶
The phrase “legal causes of adion” also includes, if applicable, all restitution requested. ordered, or paid which is associated with, corollary to, or arising from any actual or potential criminal cause of action in which the Client is, could, or might be named a victim. These causes of adion and claims are also included in the “Claims.”¶
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The Firm will provide those legal services reasonably required to represent the Client including fad and law investipation. draftinp nleadinps. settlement efforts. and other services un to and includinp¶
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parking, mileage, transportation, airfare, meals and incidentals, and hotel costs; investigation expenses; consultants, expert witness, professional mediator, arbitrator and/or special master fees; postage (at cost); and computerized legal research. Expenses also include the cost of retaining specialized legal counsel necessary for the Firm to pursue the Client’s Claims including, for example, bankruptcy counsel and trusts and estates counsel.¶
Expenses also include the cost of investigators, consultants, and expert witnesses. The Firm will select the expert witnesses, consultants, and investigators, and notify the Client of the individuals or firms hired and, where feasible, an estimation of their charges.¶
If there are multiple ongoing and potential future cases concerning the Claims, the Client acknowledges that the Firm may retain some or all of the Amount Recovered in one case in order to pay past and current Expenses as well as retaining funds for future Expenses.¶
AWARDS OF ATTORNEY’S FEES, COSTS, LITIGATION EXPENSES, AND 8. SANCTIONS¶
Notwithstanding any other provision in this Agreement whether express or implied, the Client agrees that any award of attorney’s fees or Expenses, whether by settlement, mediation, arbitration award, judgment, or otherwise, belongs exclusively to the Firm. The receipt of awarded attorney’s fees or Expenses will be credited against the total amount owed by the Client under this Agreement. Therefore, the Client agrees that the attorney’s fees and Expenses payable to the Firm pursuant to this Agreement shall be the greater of: (i) the amount otherwise owed to the Firm under this Agreement; or (ii) the amount of the awarded attorney’s fees and Expenses.¶
The Client agrees that any attorney’s fees or Expenses awarded as part of discovery or other extraordinary motion practice or sanctions proceedings is not considered part of the Amount Recovered and belongs exclusively to the Firm as additional compensation for extraordinary time and effort.¶
NOTE: If an award of attorney’s fees or Expenses is received or sought on the Client’s behalf, the Client understands that the amount awarded is the amount the court, mediator, or arbitrator believes the party is entitled to recover. This does not determine the amount of attorney’s fees or Expenses the¶
Firm is entitled to charge the Client, or that only the attorney’s fees and Expenses which are awarded are reasonable.¶
CLIENT APPROVAL NECESSARY FOR SETTLEMENT 9.¶
The Client has the right to accept or reject any settlement or compromise of the Claims. The Firm will not settle or compromise any of the Claims without the Client’s prior approval. Once the Client agrees to a settlement, the Client authorizes the Firm and grants the Firm a limited power of attorney¶
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2. IOINT REPRESENTATION¶
The Client consents to the Firm representing others who have claims which arc similar or identical to the Client’s Claims, induding others who have claims against one or more of the same defendants as Client. The Client authorizes the Firm to disclose any Client’s pseudonym to the other Clients.¶
i. JOINT PROSECUTION¶
The Client consents to Client’s claims being joined with those of other Clients in one or more lawsuits, actions, or claim resolution processes.¶
4. CONFLICTS¶
The Client acknowledges that the Firm may represent others who have claims against one or more of the same defendants as Client. The Client waives any conflicts of interest that may arise in this situation, including any conflict that could result from Client and the Firm’s other clients each pursuing a financial recovery from one or more of the same defendants. The Client also recognizes that circumstances might arise in which the Firm may be prevented or disqualified from representing the Client in a particular case or cases. The Firm will promptly inform the Client of any such situation that may require such withdrawal. By signing below, the Client acknowledges these risks and consents to such waiver and withdrawal.¶
Furthermore, in the event the Client at any time and for any reason elects to discontinue its engagement of the Firm, or if an adverse relationship arises between the Client and any of the Finn’s other clients, the Client acknowledges and agrees that the Firm may continue without restriction to represent the Firm’s other clients in any and all matters, including those that rise from or relate to any case, including the case in which the conflict(s) arose.¶
5. DECISION MAKING¶
The Client understands that many of the decisions during the course of the representation are tactical and will be made by the Finn. On occasion, decisions will need to be made jointly by the Client and the Firm’s other clients. Certain other decisions will be made by each of the individual clients in consultation with the Firm. Client understands that he or she will always retain the authority to decide whether to settle or otherwise resolve his or her individual claim.¶
6. SETTLEMENT STRATEGY AND COMMON FUND SETTLEMENT¶
The Client understands that it is unlikely that any two cases will have the same value, either for settlement or at trial. Every case has different facts, strengths, weaknesses, and risks, and the Client understands that at trial or in settlement negotiations. the Firm, in consultation with its clients, may assign a value to each client’s claim and is likely to assign a higher value to some claims than to others. The Client understands that a judge, a bankruptcy judge, a bankruptcy trustee, a jury, or any neutral third party who helps resolve the Client’s case might, for purposes of convenience, minimize the differences among different plaintiffs. Moreover, for purposes of settlement, defendants might do the same.¶
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The Client and the Firm agree that it is generally desirable to conduct settlement negotiations for each individual client and will endeavnr tn tin gn with each clime( rate net:int-impel tenararelv—hated¶
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story, it will be very hard to argue that everyone’s story is untrue. (For a good example. read New York Magazine’s ‘I’m No Longer Afraid: 35 Women Tell Their Stories About Being Assaulted by Bill Cosli and the Culture That Wouldn’t Listen htipslitinytirl tom/ i5(:osbyAceters).¶
Furthermore, if the jury hears multiple cases where the abuse survivor failed for many years to fully confront the effects of the abuse, it will help them understand that common phenomenon. Likewise, defendants are more likely to lack credibility with a jury. for example. when arguing they should not have realized victims were in danger in the face of overwhelming evidence that multiple victims were being abused by the same person(s). Lastly. the stronger a case becomes, the more likely the defendant will agree to a reasonable and early settlement.¶
If you decide not to join forces with other plaintiffs, we will still try to offer evidence from other abuse survivors for the reasons described above, but the defendant(s) will most likely vigorously try to exclude that evidence. On some level, having multiple plaintiffs in the same case makes it easier for the judge to see why the evidence should be admitted.¶
REASONS AGAINST JOINING MULTIPLE PLAINTIFFS IN THE SAME CASE¶
It is possible that a weak case or unsympathetic plaintiff will drag down other stronger cases or more sympathetic plaintiffs. No two cases have the same value, same losses, or same damages, which is why our Firm has generally recommended against class action lawsuits in child sex abuse cases, at least as to damages. Thus, a person with a particularly strong case may not want his or her case “diluted” by weaker cases. In addition, joining together in one case puts everyone’s “eggs in one basket.” Although juries are instructed to consider each case on its own merits, something bad about one of the plaintiffs could negatively affect all of the plaintiffs.¶
In addition, each plaintiff loses some measure of control over their individual case and over the aggregate costs. While you always have the right to decide whether to resolve your case, such as whether to accept a settlement or whether to go through a jury trial, some procedural decisions will likely have to be made by a vote. There may be many such decisions during a case and there may be possible disagreement and hurt feelings. You must agree in advance to participate in joint decision making and to abide by decisions that you might not agree with.¶
In addition, there is always the risk that a jury might have difficulty keeping the facts straight if it hears evidence about multiple plaintiffs in the same case.¶
Lastly, when you join with other plaintiffs, it is possible that the resolution of your case might be delayed by a development in one or more of the other cases.¶
OUR REASONS FOR REPRESENTING MULTIPLE CLIENTa¶
One advantage of representing multiple clients is that the work of our Firm will benefit multiple people at the same time. For example, we often spend considerable time and resources working to find evidence to hold the defendant(s) liable for what our clients endured. Similarly, we often find¶
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breaches of confidentiality. security, and other such risks commonly associated with such technologies which are beyond the Firm’s reasonable control.¶
15. DISCHARGE AND WITHDRAWAL¶
The Client may discharge the Firm at any time. The Client expressly consents to the Firm unilaterally withdrawing at any time and for any reason in accordance with attorney ethics, professional rules of conduct, and applicable laws, regulations, and policies.¶
Among the circumstances under which Firm may withdraw are: (a) with the consent of the Client; (b) the Client’s conduct renders it unreasonably difficult for the Firm to carry out the representation effectively; and (c) the Client fails to pay Expenses as required by this Agreement.¶
Notwithstanding the Client’s notice of discharge, and without regard to the reasons for the Firm’s withdrawal or Client’s discharge, the Client remains obligated to pay the Firm for Expenses incurred prior to the withdrawal or discharge and, in the event that there is any Amount Recovered after the withdrawal or discharge, the Client remains obligated to pay the Firm Attorney’s Fee from the effective date of this Agreement to the date of discharge. If the Firm withdraws without cause, the Firm waives and will not be entitled to recover any Attorney’s Fee.¶
The Client understands that this representation and the resolution of the Claims is likely to be complicated and time-consuming (including time-consuming of the Client’s time). While the Firm will attempt to keep the Client apprised of material developments, the Finn cannot predict with any certainty the outcome or timing of these matters.¶
16. CONCLUSION OF SERVICES¶
The Client may have access to the Client’s case file at any reasonable time. At the end of the engagement, the Client may request the Client’s case file. If the Client has not requested the Client’s file, and to the extent the Firm has not otherwise delivered it or disposed of it consistent with the Client’s instructions, the Firm will retain the case file for a period of three years after which the Firm is authorized to destroy the case file. If the Client wants the Firm to maintain the case file for more than three years after the Firm’s services have concluded, a separate written agreement must be executed between the Firm and the Client which may include the expense of maintaining or transferring the case file. The Firm is authorized to retain copies of the case file in perpetuity at the Firm’s expense.¶
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