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Original Message:

Re: Manhattan Club Lawsuit (by Steven W):

I am an attorney and owner of 2 MC flex weeks since 2003 & 2007 (approx,), and am current on my maintenance. Nonetheless I am inclined to join the action, but have 2 Qs:

1. Why a $1250 (arbitrary) retainer? Seems to me your retainer should be a fixed amount (whether it be $25,000, $50,000, $100,000 or whatever, DIVIDED by the # of plaintiffs willing to sign tour retainer agreement. That’s fairer to those who DO sign up; and to you as well. For instance, hypothetically, if ALL 16,000 owners retained your firm, your retainer fee would be (gasp) about $20 million (@ $1250 per). On the other hand, if there are only 50 plaintiffs, I don’t see how you could even get past a motion to dismiss for $50,000.

2. Assuming a good recovery and your 30% contingency fee (which is fair, to be sure), will the retainers you receive be applied against the contingency fee if that is larger than the total retainers paid to your firm? Likewise, if you discontinue prior to utilization of all retainers, I assume the difference will be refunded??