The email address cannot be subscribed. 2005-15 Fee Agreements: Contingent Fees Paid in Installments, 2005-69 Fee Agreements: Dividing Court-Awarded Fees with Nonlawyer, and For example, an experienced trial attorney may command $400 per hour. 0000002804 00000 n
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The fact that work has been previously billed and paid as Minimum Fees does not preclude the Firm from issuing Further Accounts claiming additional payment for that same work. Thus, if the relationship ends before the contingency representation is completed, any unearned portion of the flat fee will be subject to refund. HVMO@W1^{U! Sample Hybrid Contingency Fee Agreement Posted on March 28, 2022 by Ephori London For the hybrid relationship to work for the lawyer, the lawyer must be able to protect himself from the client by eliminating the advantage of ascending contingency for his own business reasons. 0000008057 00000 n
$1g1s i"_hRxq~~qY!Wx59a;:{;6B,K(}-oj&eK{dXO?0`G` GOVERNING LAW. * For more information about The Florida Bars Fee Arbitration Program visit this link or contact the Attorney Consumer Assistance Program (ACAP) at 8663520707. The agreement should state that the attorney will be retroactively paid his customary hourly rate should the client pull the plug on the case. When the terms of the retainer agreement are agreed upon by all parties, its time to sign the agreement. A fee agreement is a document signed between a client requesting the services and a service professional that sets out the terms under which a service provider will do the work. Fee Agreements: What Are Your Options? - Ogborn Mihm LLP ASSIGNMENT AND DELEGATION. Client agrees to cooperate with Lawyer, assist Lawyer with preparing the case as Lawyer requests. No legal advice is sought by browsing this site, and none is given. The attorney will have to judge the hours needed on the case, the chance of winning, and the total amount that can be feasibly collected before agreeing to work with the client. Required to pay a Retainer in the amount of $[#] to the Service Provider as an advance on future Services to be provided (Retainer). If the courts rule that the subject warrants a retrial or that one must be conducted by an appellate court and the Attorney will gain a contingency payment from any sum paid to the Client as a result, then fill in the percentage defining this expected payment on the fourth blank space of this section. 0000004643 00000 n
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However, it does not invalidate the underlying fee agreement or preclude the attorney from otherwise recovering the agreed-upon contractual fee. This is usually between $200 and $500 and is generally considered a deposit relative to the total cost incurred by the court during the proceedings. Litigation costs are the costs incurred in a legal dispute, with the exception of attorneys` fees. Then, once an arbitrator or arbitrator has been appointed to hear the case, those arbitrators will be paid by the parties to the arbitration. All of these non-cash resolutions create problems for the prosecuting attorney to actually get paid. At Kirkland, agreement (hereinafter "the Agreement") was the subject of the underlying action. 2. endstream
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Name 4. Contingency Fee Agreements. A monthly retainer, also known as pay for access, is when a client pays a repeated amount to a service provider in exchange for access to their services. What to Expect Regarding Fees and Billing - California More hourly-based business litigation lawyers are being asked to prosecute cases on a contingency fee. In conclusion, a mutually beneficial agreement can be reached if counsel pays close attention to the applicable Rules of Professional Conduct concerning charging liens and contingency fees. Contingency Fee. Several statements with the wording necessary to apply such a percentage payment have been supplied for your use. If the requirements are not followed, the fee agreement is void. Lawyer will bear the cost of the arbitration. Where the contract is silent on the handling of attorney fee awards, the award probably will go directly to the client and would not be considered a recovery out of which the attorney thought he would be receiving a percentage. %PDF-1.4
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Non-Contingent Fee AgreementsB&P 6148 Business and Professions Code Section 6148 governs non-contingent fee agreements. E}E2RqHKKEg>eS06EO*r6WdlWK'_!,[^*A36=n'hkTET^(+J59zrxH)"~n}W6\[qt4iFG!4Zw*Siij?69y-OkMB}MJ e-X=wu^ZPtL\(d$EUj\'ygE1y:U} Z\Jox]:p]^)q>tn:'[Rz"v9sr!. It further provided that the fees earned on any recovery up to $1 (Id. After the agreement has been signed, its time for the client to pay the retainer amount. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Example: A client pays a retainer of 10 hours for accounting services every month. After reviewing the offers and each strategy it is time to choose the attorney that is right for the case. Lawyers who charge by the hour will do what they are paid for charge hours. A reasonable alternative is to insist on a hybrid fee agreement wherein the attorney is paid a reduced hourly rate, but accepts an upside on contingency. hbbd``b`$AZ YEM $2 H '89F~?|0 q
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1997) 3 Cal. There is a recent case where the court determined, as a matter of first impression, that a hybrid fee agreement was a "contingency fee agreement" subject to all the statutory requirements. The best way to find an attorney is to speak with colleagues, friends, and family and ask who is the best lawyer for your needs. If Client and Lawyer agree to change any term in this agreement, the agreed-to change must be in writing and signed by both parties. 0000009292 00000 n
Limiting the maximum compensation to the lesser of the two will to the benefit of the plaintiff, but depending on the risks involved may not be acceptable to the lawyer. Not required to pay a Retainer before the Service Provider is able to commence work. %PDF-1.6
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It strains reality to think that when a lawyer sits down to negotiate at arms-length with a prospective client, as part of that negotiation, he must recommend to that the client in writing that he consult with a different lawyer before agreeing to such a charging lien. That section requires a written agreement in all cases where it is reasonably foreseeable that the total fee will exceed $1,000. endstream
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PDF Motion And, If Filed, Determined in The District Court of Appeal of STATE AND FEDERAL LICENSES. Client agrees to pay the Service Provider within thirty (30) days of receiving notice of any expense directly associated with the Services. 14. All Medical Injury Compensation Reform Act ("MICRA") contingency-fee agreements must comply with Business and Professions Code section 6146. . This Agreement shall be governed under the laws in the State of [STATE]. Created byFindLaw's team of legal writers and editors 11. Sample: Retainer Agreement. This, of course, is with the understanding that he or she must represent the Client successfully to obtain payment. . H\@}&?-np1?3IbzOOXq \o7B}44cc^&C:u}1B59wx):?uoa^(m~wtNfam:}_mmH_i.m&ze,Rn;+ya 2"1gdi09b#sD3pF:#g3p 0000001197 00000 n
Download: Adobe PDF, MS Word (.docx) Sample #3. 9ui*\jhJUc_'1kZ?RrB4_\C/6@+37>p#q}74`wf(d3A@#^S{1fU)lr,V'U 48.&:l44d"Q50mK4zZnzMm1V
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-hYik{b>|biM&XXikY?Wp*W/GdJk4R:hu>G'm]XoX&W P#ZO4j2\qWk\uQ#l-LPG& HW]sH}W2U?2Tblh2Xb%n 19N&!Ij"_:_Tg/O^MI/KNl3fm|_D%-lv|%d>bti&?hlbmQG7*R4zSECn#ksMFHC_wgRRKzSVm2/iL(&/1w+cw*nZR_iUUM Authority to Represent and Contingency Fee Agreement Client Engagement Letter Conflict Waiver Joint Representation of Multiple Clients Contract for Legal Services - Sample 1 Contract for Legal Services - Sample 2 Fee Agreement Fee Contract Clause - Consent to Arbitration * Follow up Representation Letter to Initial Interview 13. Upon request by the Client, the Service Provider may have to show receipt(s) or proof(s) of purchase for said expense. The percentage recovery will be calculated [BEFORE/AFTER] outstanding medical bills, expenses and costs of suit are deducted. 3. Download: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt). ENTIRE AGREEMENT. X7Y>DL)o:9WZsIlS@jxZ]0)[xIKlY7i;Hb7q0UN_B/qBl
/YaZ$_1}ZGz2lO)$*8HPL q;3MsC|R}03C(B9>Y[G^j^dNeHUVg!,eXL|kG*"|L8:#qx"-RA}6(? 9U! If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your attorney for the work done on the case. $[#] for the completion of the Services. A contingency or contingent agreement is a contract between a client and an attorney that is paid based on the performance of their services. (1984) 37 Cal.3d 122, 134.). Free Retainer Agreement Template | Sample - PDF | Word - eForms 0000001682 00000 n
3. This includes, but is not limited to, supplies, equipment, operating costs, business costs, employment costs, taxes, Social Security contributions and/or payments, disability insurance, unemployment taxes, and any other cost that may or may not be in connection with the Services provided by the Service Provider. Regardless of whether a retainer fee is required, you must locate and tend to article III. However, these samples do not identify provisions that would violate California's Rules of Professional Conduct (CRPC) and the law. Either party may initiate fee arbitration by contacting the State Bar's Client Protection Coordinator at 702-382-2200 or by going to the Fee Dispute webpage at www.nvbar.org. Not required to pay for any expense in connection with the Services provided. Use the following online resources: After narrowing the attorney selection down to a few qualified persons its now time to meet and discuss your case. 19. H\@>E-jA!,d14=0$GMwa~wn>p].Wo{m$mi.pqOvg'\m6f\Ke/.K\)b)]MMfg$afNgYbw;=
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It is common in a retainer agreement for a clause to read: No work may begin until the retainer has been paid in-full by the client. To offset the costs of operation while the Attorney represents the Client, a certain amount of money may be paid as a retainer. 10. There are two types of retainer agreements: A one-time payment used as an advance payment for future services. COMPENSATION. The following wording may be appropriate for a hybrid fee agreement in which the lawyers rate when paid under an hourly rate fee agreement is $300 / hour: It is not certain at the time of signing this agreement what amount if any will be recovered on account of the Clients Case, or how much legal work will be required to achieve full or partial recovery. 1. The parties will negotiate the hourly rate, contingency, retainer amount, and terms of termination. Sample Contingency Fee and Retainer Agreement Forms Each of us wants the other to achieve a positive and meaningful result. Attorney Removal to indicate how much money the Attorney will be paid for every one hour of work on the Clients case should the Client determine the Attorneys services are no longer required. 16. This agreement represents the full agreement between Client and Lawyer. 0,2j
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\w.&E>I!%wKJ |,&+-bm4y3Tycqq ;{<>xS;@,51z)YUjX:1"$p>K -"LP?6eW`yjKvxX2p)K_. If Client decides to terminate the case after Lawyer has provided substantial legal services, Client must pay Lawyer a sum equal to the probable fee, to be determined by a panel of the American Arbitration Association. on Why Should We Have Free Trade Agreements, Which of the following Best Describes a Conditional Insurance Contract. Since many business cases can involve the allocation of attorneys` fees, how these allowances are handled is crucial. Attorney fees are set by statute: If settlement or judgment is reached, our attorneys' fees shall be deducted from the gross settlement, arbitration, mediation, judgment or otherwise; 33.33% provided for in California Business and Professions Code Section 6146. @ 0000001018 00000 n
The selected attorney will most likely request to meet and discuss the next course of action.
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Visit our attorney directory to find a lawyer near you who can help. 1. Popular for personal injury but can be for any case where the client has . 103 0 obj
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PDF Sample Contingent Fee Agreement - State Bar of Nevada All rights reserved. 0000046097 00000 n
However, where a contingency fee arrangement is a hybrid of a percentage recovery and a flat fee, the advance payment of the flat fee portion will be subject to Rules 1.5(e) and 1.15(a) and (b). The type of contingency fee agreement requires us to carefully select contingency fee cases. "kpJ#3-!-U6y8R_&LP*QYy,Eok#2&'B!
|lLtTH[Da! Los Angeles, California 90067 (323) 403-5900. Therefore, the client may unilaterally decide to settle or dismiss the suit regardless of how the attorney feels about it and irrespective of whether it would destroy a valuable contingent fee. 0000001040 00000 n
Download: Adobe PDF, MS Word, OpenDocument. (See, Shopoff & Cabvallo, LLP v. Hyon (2008) 167 Cal.App.4th 1489, 1522-25.). The Service Provider shall be solely responsible for the benefits, unemployment compensation and workers compensation provided to their employees. }AF`^={t.k:vhl5)65%pfPkjjmupW.R~2z&gy&3H@B[
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A written fee agreement is not required The hybrid has several advantages. EMPLOYEES COMPENSATION. H\U PG^ x#C^H(x&AdDc5xx$xT) Y3htjhE)}|O~H? 8c!&uTC#yg
\|a >)!Pip g:h29}pq+kqOTyL.0u)$n[IsJFgy>]%w*. Two of the largest arbitration tribunals are the American Arbitration Association (AAA) and JAMS. Legal Matter, will seek a reasonably adequate description of the case the Attorney handle. Setting up a retainer agreement begins with a client seeking the services of someone else in exchange for payment. No legal advice is sought by browsing this site, and none is given. 2. Reimbursed for ONLY the following expenses: [EXPENSES]. If a dispute arises between us and you regarding our fees, the parties agree to resolve that dispute through the State Bar's Fee Dispute Arbitration Program. ___________________ ("Client") requests and authorizes _______________________ ("Lawyer") to represent him/her in all matters arising out of the accident occurring on [DATE OF ACCIDENT], at [TIME] a.m./p.m., against [THE DEFENDANT(S)]. endstream
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The profitability of a law firm is no different. INDEMNIFICATION. The end result will be a hybrid that will allow the customer to travel those extra miles to get a great result in a business case. The Committee recognized that a lawyer who charges a modified contingency fee avoids the total risk of not receiving a claim (since the lawyer receives an hourly fee). A retainer agreement is a contract between a client and a professional who requires an upfront payment applied to future work. Where the maximum compensation is limited by a maximum hourly rate the client should expect that rate to be higher than the lawyers normal hourly rate, particularly where the base hourly rate is substantially below the lawyers normally hourly rate i.e. The term unscrupulous is unique in California law and has been defined in terms of attorneys` fees as so exorbitant and completely disproportionate to the services provided they shock the conscience. (See Bushman v., State Bar of Cal. For the hybrid relationship to work for the lawyer, the lawyer must be able to protect himself from the client by eliminating the advantage of ascending contingency for his own business reasons. MCLE Self Study | Current MCLE Article - apps.calbar.ca.gov 0000000791 00000 n
In practical terms, such an acknowledgement can be inserted into the agreement along with a place for the client to initial that he read and understood his right to consult with another lawyer and, nonetheless, has agreed to the charging lien. Therefore, it is recommended that the fee agreement set forth specifically the attorneys regular customary hourly rate for cases of like complexity and that such rate is being reduced in favor of a contingency. 20. EXPENSES. The award cannot be considered part of the recovery obtained by the attorney because that would simply add to the prevailing partys contract fee obligation: In other words, it would be paying (the attorney) attorneys fees for getting attorneys fees. (Mahoney v. Sharff, supra, 191 CA2d at 197 (parentheses added)). 404-444-4444 . %gA`A`A`A`A`ao z&M7eoNST8NST8NST8NST8(Q6G1f1x1x1x1x7`3vh48:4
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State Bar Ct.Rptr. Stay up-to-date with how the law affects your life. To share the risk and benefits of uncertain recovery the Firm and the Client agree to variable fees as set out below and the following defined rates apply to calculation of such fees: Fees calculated based on the time spent on the Clients Case and using the Minimum Hourly Rate (the Minimum Fees) will be payable to the Firm by the Client as and when accounts are rendered regardless of the amount, if any, ever recovered on account of the Clients Case. Meeting with a lawyer can help you understand your options and how to best protect your rights. endstream
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Sometimes some lawyers are willing to change the terms of an agreement, including the type, price, and/or amount in which fees are paid. Once youve done so, locate the words The Law Offices Of at the top of the page. Free Contingency Fee Agreement Template - Sample - eForms Copyright 2007-2022 Legaltree Publishing Inc. Legaltree was founded byMichael Dew, aVancouver lawyerand is owned and operated byLegaltree Publishing Inc. Waiver of liability: All content on www.legaltree.ca is for information only andmustnot be relied on in any way. A contingency fee is mostly used when hiring an attorney to represent a client in a civil case. Subject to some exceptions, the negotiation of a fee agreement is an arms-length transaction. (See Ramirez v. Strurdevant (1994) 21 Cal.App.4th 904, 913, citing Seltzer v. Robinson (1962) 57 Cal.2d 213, 217.) Lawyer reserves the right to terminate this contract if at any time he/she concludes that the claim is without merit. Client agrees to pay costs of investigation, out-of-pocket costs and expenses [ON A MONTHLY BASIS]/[AS THEY ARE BILLED]/[BY REMITTING $_________ PER MONTH]/[OTHER ARRANGEMENT]. A hybrid is a contingency fee agreement with all its requirements It weighs on the reality of thinking that if a lawyer sits down to negotiate with a potential client remotely, he must recommend in writing to the client to consult another lawyer before accepting such a privilege. <]>>
Furnish the name of this Client on the blank line presented in the first article (labeled I. ______________________________________ Withholding FICA, Medicare, Social Security, or any other Federal or State withholding taxes from the Service Providers payments to employees or personnel or make payments on behalf of the Service Provider; b.) The agreement will detail compensation, hours, contingencies, and any other terms for the services provided. l0R$E.Z}3U3WH#3TDs;f\vU/2KUoVkWQC7;gTjy8j2,uzW8@Ap-5M tn/`F($"2F8-.!jG^icz^k:n7siy5)j!A$3r`
c=8op#s6F(X`LiPc -~6j#3S}O"9D(1w$Fb"#_2L}!2R:I9OMh6-JKhZvJ;]]/C8Sl2s+/tEt+(3fe\#Yt*dvT@=^adqwQ*D?i]@\DxaY.WS^-n_4^!6PT"S=L~V*~fZqFk}+bRoQ1=KtAAtNz#Bf!NDbI|Dk," Xx[Wrm6LD4^w6#\+-6bZJcY?R{/YsX!^#oV#5*[uY'jx8~w$0iIuoQ
HU%%ccva VYb=;Un The Service Provider represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement. Contingency Fee Agreement: Definition & Sample - ContractsCounsel (2) A statement as to how disbursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the clients recovery. 5. hb```b``b`
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If the attorney providing the service is not successful in their obligations then the client is not required to pay the contingency fee or any other payment. c.) Making payments of taxes incurred while performing the Services under this Agreement, including all applicable income taxes. In order for the hybrid relationship to work for the attorney, the attorney must be able to protect himself against the client eliminating the benefit of the upside contingency for his own business reasons. If more room is required, you may add more space, or you may record the full title of an attachment with the appropriate content. The attorney, instead of being paid by the hour, will receive a portion of the total amount of funds collected from the other party after a settlement or judgment. 3r/"g9F\ iN;/kJ9X+VHhTN#|Yl VB6ZpE]viVWo%U-P/)y;rWo3.RP@hqWq:>h^ ^!#v#}sN vdWvY)] $d(pJ%?OjoPR1/KoF61[iV;3a3L*j>lV@TuT"N=q#10 Per Job. THE PARTIES. A retainer acts as a non-refundable deposit for future service from an attorney, accountant, or other professional. A retainer can be set up as a one-time payment or for a recurring period. 148 24
This is especially common in personal injury cases when the attorney is negotiating with an insurance company. 0000002977 00000 n
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PDF Engagement Letters and Fee Agreements - Osb Plf Contact a qualified personal injury attorney to make sure your rights are protected. Under the Rules of the Profession, Rule 4-200(a), a lawyer cannot enter into or collect an agreement on illegal or unscrupulous fees. But that`s exactly what he has to do according to the 3-300 rule. 4. Some cases are not as complex as others, and sometimes the client`s particular circumstances may affect the amount of a contingency commission. Mr. Goldberg is an experienced trial attorney and has extensive insurance coverage experience. J| HA W x%.r3vh2"Q To pick the simplest illustration, a lawyer who settles 100 cases for $1,000 each on the sliding scale will rake in a hefty $50,000 in fees, compared to only $33,333 earned by a lawyer who uses the traditional 33-1/3% formula for the same cases. PDF (CLEAN) - California The fee agreement contract helps both a client and a hired person know exactly how much to expect for the work or service completed. CONTINGENT FEE CONTRACT (Addendum to Retainer Agreement) DATE: _____ . 14. Service Provider shall release, defend, indemnify, and hold harmless Client and its officers, agents, and employees from all suits, actions, or claims of any character, name, or description. HVQo0~#Lc'ZR6 "a2Q(4p%WV
Bww"yn,Z*+T8v4Z;#w0DH dT[#mDgFlSRL7[#u=;sGBj>'pCX zIX?Etj|.NA%drdU'Z:o*zH(' ]$r-NLmw`yGT`0275g+ XO0!4T.:VP0!`3 z*")Pe{p` InI&d`(X0XAvcQX6I567LVh,[6\qd8.^(C0fXuAX Said fees are subject to increase via attorney motions and court orders. Once you are ready to develop and execute paperwork framed around the terms of an agreed-upon attorneys contingency payment(s), select the Adobe PDF, MS Word (.docx), or OpenDocument text links above this statement. PDF ATTORNEY/CLIENT CONTINGENT FEE RETAINER AGREEMENT - Jackson & Wilson, Inc. 0000001357 00000 n
Below is a sample of how that agreement might look. In addition, some attorney-client relationships work better than others, therefore be sure that you and the attorney are on the same page when it comes to the strategy against the Defendant. The blank lines in this article allow a direct report of this description. The first signature area devoted to this task is set for the Client. (Matter of Yagman (Rev.Dept. (Arnall v. Superior Court (2010) 190 Cal.App.4th 360, 369.) 523 (2009) including court-awarded attorney fees in total recovery for purpose of percentage fee calculation does not violate CRPC 1320(A) prohibition on fee-splitting with nonlawyer); (c) The fee agreement may provide that any court-awarded attorney fees belong to the attorney, not the client. He or she must read every article of the completed agreement, sign his or her name on the Clients Signature line, report the current Date immediately after signing (on the blank line to the right), then print his or her full name on the Print Name below. A contingency fee is an amount of money that is only paid if certain parameters are met. 5. In the absence of a contract expressly providing that he (attorney) may receive those fees in addition to his compensation under the contract; those fees must be credited to the amount payable under the contract. (Mahoney v. Sharff (1961) 191 CA 2d 191, 195, (emphasis in original; parentheses added), Court-ordered fees are designed to relieve the prevailing party of a fee obligation. Step 2 Identify The Attorney Or Law Firm Accepting This Agreement. _*UU
A hybrid is a contingency fee agreement with all its requirements. 12. PDF The State Bar of California Standing Committee on Professional 5dT|o
Contingency fee arrangements are popular in practice areas like personal injury cases where the client may not have enough money to hire a lawyer upfront. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable. %%EOF
The only cost will be if the attorney wins the case and funds are received. Moreover, it is not uncommon in the business context for litigation to be used as a bargaining tool for the next deal; i.e., a lease extension, a more favorable new contract or a million other legitimate reasons.
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