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SAMUEL C.

HASLER
ATTORNEY AT LAW
1010 W . 8 T H S T ., S U I T E 5 T E L E P H O N E : 765-641-7906
A N D E R S O N, IN 46012 E - MAIL : samuelhasler@yahoo.com

RETAINER AGREEMENT

This Retainer Agreement sets the terms of representation between Samuel C. Hasler

(Attorney) and Joseph Gray and Gray Guy Group (Client) in the matter of Ascension Group

v. Joseph Gray and Gray Guy Group .

1. THIS AGREEMENT TAKES EFFECT when Client returns a signed copy of this Retainer
Agreement and pays the retainer amount specified below. Attorney is not obligated to begin
legal services until Client meets these conditions.

2. RETAINER and CLIENT TRUST ACCOUNT. Client will deposit a retainer of $4,000.00.
Attorney will hold the retainer in the Client Trust Account. Attorney will apply the retainer
toward Client's monthly balance as set out in Section 4.

Minimum balance. Client will maintain a $1,000.00 minimum balance in the Client Trust
Account at all times. The trust account balance appears on each monthly statement. If
Client’s account falls below the minimum, Client will replenish the balance within 10 calendar
day of the statement date. If Client does not maintain the minimum balance, Attorney may
withdraw from representation.

Advance payments. Several weeks or months before a major or complex stage in the case
(such as settlement conference, final hearing, or trial), Attorney may require Client to deposit
an advance payment against the estimated fees and costs of that stage. Attorney holds the
advance payment in the Client Trust Account and bills against the balance as set forth in
Section 4.

At the close of the case, Attorney will refund any remaining funds in the Client Trust Account.

3. FEES AND COSTS. Attorney's hourly rate is $175.00 per hour for non-litigation work
and $200.00 per hour for litigation related tasks. Attorney bills in increments of one-tenth
hour.

Fees are billable time spent on Client's case, including:

a. Communications with Client - whether by telephone, e-mail or regular

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mail.

b. Communications with opposing counsel - whether by telephone, e-mail


or regular mail.

c. Meetings with Client.

d. Communications with any other persons connected with the case -


whether by telephone, e-mail or regular mail.

e. Preparation of any documents related to the case.

f. Travel time

g. Research

h. settlement negotiations

NOTE: that if you want to use your retainer quickly, a barrage of telephone calls or e-
mails will do so.

Costs include but are not limited to filing fees, professional fees (such as expert witness,
guardian ad litem, and evaluators' fees), long distance charges, mileage, and other costs
incidental to the case. Client must pay some of these costs before services are rendered, for
example, filing fees and guardian ad litem's retainer.

4. PAYMENT OF COSTS AND FEES. At the end of each month, Attorney sends a statement
of account that describes fees and costs incurred to date. Attorney deducts those costs and
fees from the retainer. If a monthly bill results in a balance due, the balance is due within ten
days. Unpaid balances incur an annual interest rate of 12%. Client will be responsible for any
cost associated with collection of unpaid fees. Client must pay some costs directly to the
provider of services, and will be notified of what costs must be paid directly. .

Client is responsible for paying Attorney's fees and costs even if the Court orders the
other party to pay Client's costs and fees. Any award of attorney fees reimburses Client, and
Client may attempt collection from the other party. If the Court orders Client to pay another
party's fees and costs, that payment is separate from this fee agreement.

If Client's claim is resolved through structured settlement, where Client receives part
of the settlement proceeds in the future, Client agrees to pay any remaining attorney fees and
costs out of the first payment. If the first payment does not cover fees and costs, Client agrees
to pay the balance within ten days.

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Any fees awarded by the court will be applied as collected against additional billing over
the amount of the retainer and then against the retainer. If the client has no outstanding
balance on the fees, then the client will receive out of any court awarded fees reimbursement
on the retainer as those court awarded fees are collected.

Attorney’s Lien: Client gives the attorney a continuing lien on any claim/cause of action
an any and all property (including personal papers and legal documents of client(s) in
attorney's possession, and an all funds realized by a settlement or recovered by a judgment as
security for the payment of fees and out-of-pocket expenses advanced by the attorney until
attorney is fully paid.

5. ATTORNEY-CLIENT RELATIONSHIP

Our Attorney-Client relationship is privileged. Communications between Client and


Attorney concerning this matter are confidential. However, Client understands that Attorney
may consult with other attorneys and other professionals regarding this matter. Client
understands that, if Client brings a third party to any meeting, Client understands that s/he
waives the privilege for that third party at that meeting unless the third party is also bound
by confidentiality.

Client agrees to furnish all relevant documents, witnesses, and other evidence, and will
cooperate with Attorney in resolving this matter. Client understands that, according to the
Rules of Professional Conduct, opposing counsel may not contact Client if Client is represented
by an attorney, therefore Client will not talk with opposing counsel in this matter. Client will
notify Attorney if opposing counsel contacts Client or attempts to talk with Client.

Client understands that Attorney cannot guarantee the results of settlement negotiations
or litigation, and does not make any promises concerning the outcome of the matter. Attorney
will work diligently toward a favorable outcome but is not obligated to follow Client's proposed
course of action. Attorney will not settle or compromise this matter without Client's approval.
Likewise, Client will not settle or compromise this matter without Attorney's approval.
Attorney will periodically inform Client of the progress of the case, and will provide copies of
all relevant documents as the matter proceeds.

6. GENERAL OFFICE INFORMATION.

Office hours are 9:00 to 5:00 Monday through Friday, and 9:00 to 12:00 Friday. The office is
closed during the lunch hour. I currently have the office telephone at my home. You may
not just drop in. I may have you drop off papers at my home office but it will be at a set time
and with my permission only.

Phone calls. If Attorney is not available to take Client’s call, Attorney will return the call if
Client leaves a message and a phone number. When Attorney is out of the office, Attorney
cannot return Client’s call unless Client leaves a number.

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E-mail. If you choose to communicate through e-mail, please adhere to Attorney’s e-mail
policy:

C Remember that e-mail is not confidential. E-mail can be intercepted, sent to the
wrong person, retrieved from your computer by curious family members.
Attorney recommends that Client print e-mail to and from Attorney and file them
in Client’s file, delete the e-mail, and empty the “delete” file.

C Do not send attachments unless we have talked about it beforehand. A virus can
“highjack” your address book and send itself by attachment to all the people in
your address book, therefore Attorney’s computer program routes messages with
attachments to a delete file.
C Use an anti-virus program and update the data file regularly.

C Just because Attorney and Client can contact each other instantly by e-mail does
not mean Attorney or Client is waiting to receive it and will answer it immedi-
ately.

Client’s file. Attorney sends to Client copies of all court documents, correspondence between
counsel that affects decisions Attorney and Client make about the case, and other documents
pertinent to the case. At the end of the case, Attorney will remove and return to Client all
original material received from the Client. Attorney will retain the remainder of Client’s file
for three (3) years after the date Attorney closes Client’s file or withdraws from the case, at
which time Attorney will destroy the file.

7. ENDING THE CONTRACT. Client may end this agreement any time for any reason. By
signing this Retainer Agreement, Client agrees to pay any outstanding balance when the
contract ends. Client agrees that Attorney is not obligated to release Client’s file to Client or
new counsel until Client pays the balance due.

Attorney may withdraw as counsel if, among other reasons:

a. Attorney cannot find Client or Client fails to respond to Attorney’s requests


within a reasonable time;
b. Client fails to follow Attorney’s advice and Attorney believes that Client's course
of action is seriously detrimental to Client’s best interests;
c. Client lies to Attorney or falsifies information about this matter;
d. For any reason that suggests Client and Attorney cannot work together to achieve
a good result for Client, including Client's failure to abide by the terms of this
Agreement or Client's failure to timely pay costs and fees;
e. If the case involves children or parenting plan issues, and Client demands that
Attorney advocate a position that Attorney believes is detrimental to the child’s
best interest.

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8. ENTIRE AGREEMENT. Client and Attorney agree that this is the entire agreement
between them. Client and Attorney have not made any other agreements except those
agreements that are in writing, signed by Client and Attorney, and attached to this Agreement.
Client read this Agreement, had an opportunity to discuss it with Attorney, understands its
terms, and agrees to all of the terms.

Samuel C. Hasler Client

Date Date

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