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Agreement

I hereby affirm that I am a licensed member in good standing, fully able to practice law, in the jurisdictions listed above. I understand that the Attorney Referral Program (“ARP”) is a service through which whistleblower intakes will be sent to me from the ARP. I agree that upon my collection of attorney’s fees from a case/client sent to me from the ARP that I agree to donate 15% of my fee to the National Whistleblower Center, a 501(c)(3) non-profit and tax exempt organization.² I also agree to contribute $5000 annually to NWC regardless of and in addition to any attorney’s fees contributions to continue my participation in this program and support administrative/operating costs incurred by NWC for the ARP.

I agree to abide by the following Attorney Referral Program Rules for Participation, and in signing this application, I agree to the following if accepted into the program:

1. Submit a donation of at least $5000 to NWC annually. This donation will be made without consideration to the status of any ARP related attorney’s fees. The first total contribution being submitted within twelve-months (12) months of your successful application to ARP.


2. Respond to any initial intake referral sent to me by the ARP within five (5) working days of submission. This response can be a simple acknowledgment, setting up a consultation, or informing the intake, in writing, that you are not going to take the case. You are under no obligation to undertake any representation, but you are under an obligation to inform the applicant, in writing, that you are not going to represent them.


3. Within thirty (30) days you must inform the intake and the ARP of your disposition decision concerning the case (including whether you have declined to undertake the representation or have agreed to represent the applicant). It is critically important that all applicants obtain written notice as to your final decision on their case in a timely manner (within 30-days).


4. To currently carry and continue to carry professional liability insurance as prescribed below; and be a member in good standing of the state bar where you practice law.


5. Provide updates as to the status of the case(s) within a reasonable period, if requested by the ARP.³ Such updates are not required or expected to reveal any privileged information. However, an attorney for the Fund can discuss with you matters relevant to the representation that may be subject to privilege.


6. Send a check, ACH, or wire transfer to the NWC for not less than 15% of the attorney’s fees collected from successful cases sent to me by the ARP within thirty (30) days of receipt of the collected funds. Please make checks payable to the National Whistleblower Center, 3238 P Street, NW Washington, DC 20007. For wiring instructions, please contact the ARP in a timely manner to ensure funds are transferred within the allotted time.⁴


7. Inform the ARP if an approved case closes or if a client terminates representation.


8. Maintain the license to practice law within a jurisdiction of the United States and that you are in good standing with the applicable bar associations.


9. Immediately inform the ARP if you have been charged by a Bar Counsel or Disciplinary Board in any of the jurisdictions you are admitted to practice in.


10. Immediately inform the ARP malpractice insurance has been discontinued or the amounts of coverage fall below those set forth in this application.


11. You (and any referred client) understand that the ARP (including the NWC and Fund) and their employees, attorneys and agents do not represent the client and/or any intake referred to you, and that your decision to represent any person is yours and yours alone. The ARP does not provide legal advice and makes no recommendations regarding the merits of any case.


12. Participation in this program or the acceptance of a client referred by the ARP shall have no impact whatsoever on your professional independence and your ability to represent the best interests of any clients for whom you agree to represent.⁵


13. If there is a dispute between you and any intake we referred to you, you will inform that intake that the ARP will, without charge, attempt to mediate any dispute.⁶ Should this mediation fail to resolve a dispute, you and the intake are free to pursue any legal rights available. The mediation will be conducted on a confidential basis. The pendency of the mediation is without prejudice to either you or the client pursuing any legal remedies available under law, and the mediation will not act to toll any statute of limitations. The ARP’s obligation to mediate a dispute is limited to one session, unless all parties (including the ARP) agree to any additional sessions. The client must agree, in writing, to the mediation. Should the client decline to mediate the dispute upon your recommendation or notice to the client of this provision, any obligation to mediate a dispute pursuant to this provision shall terminate. This mediation option is required pursuant to D.C. Rule of Professional Responsibility 5.4(a)(5) and Note 11 and is consistent with ABA Model Rule 7.2(b)(2).


14. A client cannot be charged, directly or indirectly, for any payment or donation you make to the National Whistleblower Center. Further, in accordance with D.C. Rule of Professional Responsibility 5.4(a)(5) and Note 11 and ABA Model Rule 7.2(b)(2) you must charge any referred person a contingency fee below your standard rate. A contingency fee of 39% would be consistent with the requirement.

Furthermore, I understand that either I or the ARP can rescind or cancel any agreement regarding your participation in the ARP’s legal assistance and referral program, at any time and for any reason. Such a termination must be in writing. However, your obligation to make the required donations to the National Whistleblower Center remains in-place for the clients you accepted prior to the termination of your participation in the program.

Declaration

By signing this contract, I acknowledge that when I accept a whistleblower intake from the ARP and sign an attorney-client agreement that I will be the attorney of record. I fully understand that the National Whistleblower Center and the National Whistleblower Legal Defense and Education Fund, their employees, agents, officers, directors and attorneys, are not responsible for (1) any person’s satisfaction with my services; (2) the results of any advice given by or representation from me; (3) my decision not to provide a potential client with a consultation; (4) any actions I undertake as an attorney for a client referred by the ARP. The role of the ARP was limited to referring the intake to me, and all other decisions concerning undertaking a case, litigation decisions, or advice provided to a client are my responsibility.

Malpractice Insurance Certificate

I certify that I am licensed to practice in the state(s) listed in this agreement, and that I am either a solo practitioner covered by a professional liability policy with limits of not less than $150,000/$300,000, or part of a larger law practice and I am covered by an Errors and Omissions Insurance Policy with limits of not less than $250,000/$500,000. I understand that I must comply with this policy throughout the period of my participation in the ARP Cooperating Attorney Program.₇

If requested you must submit a copy of your insurance policy declaration page to the ARP along with this agreement to be considered for the program.