hahaha I like #1
This just needs to happen and is
non-negotiable provision
#2 hum - why not? First, we spent a great
deal of money getting most of these clients for you - do you think not giving
us anything on prescreening them for you to take is fair? I think at least 10%
on them is fair given the situation. On another note, what if jawad pans
out to be a $3M+ win? We don't get compensated for the nearly 2 months you
spent on that?
How about this…the total amount (cash)
of clients out the door is ball park 22k with possible more in the two to three
court martial cases all of which could settle. Given the headaches I am
taking with me and believe me they are there deducting what has already been
billed which a good portion have billed over retainer…hence my recent
billing nasty grams…I am truly not walking out with anything noteworthy…which
really was never my primary intention. I could do a case by case with
Greg on these cases there won’t be many that I believe will fall into the
category…i.e. 75% complete + 10 percent fee on case means I would almost be
paying to do the work. I would also say that if there are some other cases
which I can take with me in the other pile 10% across the board seems like a way
to decrease volume on your part and actually have some portable income go with
me to pay the bills and my therapy after this is over.
#4 what do you mean? The letter that says
you will not accept clients on the non 28? I am not going to sign
dramatically different letters - I.e. my letter to the 28 clients basically
says we don't want them but your proposed letter to the remaining does not have
a similar tone/feel....I would similar tones/feels
I am throwing Greg under the bus here…I
would say he did not have an issue with edit…I know you have veto…maybe
number two combined with 5 puts this into a better position
5) Call me paranoid but what if the name
changes to Puckett, Faraj, and Montalvo will that firm and you individually not
solicit clients for at least 90 days?
Cost too much to add my name and after
this is over I won’t have any money to pay for it…and since I am at
will Neal may decide I am not worth the headache…final answer 90 days is
agreed to.
6) assuming 2-5 above are agreeable then 1
and 6 are no problems
You sunk my battleship
From: Eric S.
Montalvo
Sent: Tuesday, March 02, 2010
12:51 PM
To: Mathew B. Tully, Esq.; Eric
Montalvo
Cc: Steve Herrick; Greg T.
Rinckey; Neal Puckett
Subject: Referral Agreement
Mat,
The following captures my understanding as a reasonable
position based on a review of the ethic’s rules and my discussion with
both Neal and Greg.
1) Mandatory
beer session (or drink of choice) upon next visit to DC from Mat.
2) Regarding
clients slated to be released to me no referral fee will be charged.
3) Regarding
clients to be referred between firms a minimum 10% fee will be entered into re
a fee splitting arrangement – Greg has offered to provide language to use
for this purpose. This will include any matters exchanged between the
firm and may be negotiated up or down depending on the case referred. For
example, if it is a 500 dollar referral the referring attorney may waive a fee
at his discretion.
4) The letters
as currently authored are good to go.
5) The Firm of
Puckett and Faraj PC will not engage in soliciting clients from Tully Rinckey
PLLC.
6) I have
spoken with Graig and Greg re files for removal and am to provide a list to be
reviewed for approval.
V/r
Eric S. Montalvo
Attorney at Law
emontalvo@tullylegal.com
(202) 787-1900 Phone
(202) 870-2940 Cell
(202) 296-1165 Fax
TULLY
RINCKEY PLLC
1800 K Street N.W. Suite
1110
Washington,
D.C. 20006
www.Fedattorney.com
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