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Re: Referral Agreement



Your humor would be disarming to humans.
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | Virginia
888.970.0005

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On Mar 2, 2010, at 1:23 PM, Eric S. Montalvo wrote:

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.

 

#3 ok

 

#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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