Ms. Jordan,
I appreciate you taking the time to review Mr. Hammoudâs case. Unfortunately, he has informed me that he simply cannot secure the requested retainer. He can only secure 15k for now.
If it means anything, you were my recommendation.
Thanks again.
Sam M. Fakih
Fakih & Associates, PLLC
16030 Michigan Ave., Suite 200
Dearborn, MI 48126
Phone: 313.846.6300
Fax: 313.846.6358
E-mail: sfakih@fakihlaw.com
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From: Laura E. Jordan [mailto:LJordan@TheCapitalLawFirm.com]
Sent: Sunday, May 01, 2011 4:25 PM
To: sfakih@fakihlaw.com
Subject: Al Amir/Hammoud
Mr. Fakih â
Good afternoon. Further to our various conversations, I have carefully considered what you have told me regarding your clientâs position. At the same time, I believe you understand mine. Given all the circumstances, and in light of the fact that this matter was referred to me by Eric Montalvo, with whom my firm has a very good working relationship, I am willing to try to structure something that is sensitive to the constraints you mentioned, yet still be workable for my firm. Therefore, to proceed in this matter my firm would require a retainer of $40,000.00 rather than the $60,000.00 previously discussed, along with a signed consent to withdraw. The consent to withdraw would be used if financial or other conditions made it impractical or undesirable for me to continue. This is in addition to the accommodation on my hourly rate, already discussed, from $400 to $350. The retainer (which is not a flat fee) must be received in my firmâs escrow account before my appearance is entered.
The retainer would be âevergreenâ in that it must be replenished when it reaches a determined level. Mr. Hammoud would also be expected to make regular payments, at least monthly if not more frequently. Those amounts would be set forth in the formal engagement letter and any follow-up communication, should Mr. Hammoud decide to proceed.
I would also rely on your willingness to remain involved on the Michigan side to help with logistics in document production, communication, and the like. (Your fees resulting from any such work would be between you and Mr. Hammoud, and not part of my firmâs fee structure or accounting.) It will be preferable with the case in this posture for me to have someone on the ground in Michigan who can help inform and guide the client in what can sometimes be an opaque process.
I realize that this is a difficult situation for your client, perhaps made more difficult by persons other than plaintiff. Based on what you have told me, I believe it may be possible to show the Court more forcefully and effectively that Mr. Hammoud has meritorious defenses.
Please advise how Mr. Hammoud wishes to proceed. If he wishes to move forward, I will email him a formal engagement letter for his review and consideration.
No matter how Mr. Hammoud decides, I wish him the best of luck with his difficult matter, and appreciate the opportunity to be considered as his counsel.
Please feel free to call or email me with any questions.
Thank you.
Laura E. Jordan, Esq.
LJordan@TheCapitalLawFirm.com
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