Owner
Post by Franko10 ™ on Aug 17, 2005 17:17:49 GMT -5
LIMITED ATTORNEY CONSULTATION AND REPRESENTATION AGREEMENT
CMKX OWNERS GROUP
THIS AGREEMENT is made on the 17th of August, 2005, between , hereinafter referred to as the "Client", and The Frizzell Law Firm, 305 South Broadway, Suite 302, Tyler, Smith County, Texas, 75702 hereinafter referred to as the "Attorney":
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
I. PURPOSE OF REPRESENTATION
1.01 The Client hereby retains and employs the Attorney to represent such individual or individuals in several ongoing investigations related to CMKM Diamonds, Inc. By this agreement, said Attorney agrees to represent the interests of the client along with other shareholder clients and protect their interests in any such investigations. This representation agreement is a result of the need for more investigation into matters relating to CMKM Diamonds, Inc. that have arisen since the original employment agreement related to the SEC Administrative Proceeding File #3-11858.
1. Client seeks representation in this matter so that his or her interest along with that of other shareholders is made known to all parties involved in CMKX stock.. Specifically, Attorney and any associated counsel, agrees to advocate on behalf of the client, individually and as a group, with common goals and concerns.
2. Previous work on behalf of John Martin and the CMKX Owners Group has caused the need for additional work and potentially future litigation. Work to be performed under this agreement may include, but is not limited to, an investigation into naked shorting of CMKX stock, professional negligence of any third party which might be responsible for losses to CMKX shareholders, and any related investigations which are necessary to protect the rights of the shareholders. The Attorney agrees to continue the pursuit of information from the SEC as expressed in a recent FOIA request dated May 16, 2005. If the SEC does not comply with the pending request, Attorney agrees to file suit in an appropriate court to pursue this matter. No suit can be instituted until all administrative remedies are exhausted.
3. In addition to the above investigations, the Attorney agrees to continue working with CMKM Diamonds, Inc. management in their efforts to regain full reporting status. The work anticipated by this agreement will necessarily involve investigations into asset evaluations of the company. Work will continue with brokerage houses, market makers and any other firms to determine the actual number of outstanding shares in this company.
4. Litigation (filing of a lawsuit) is a possibility in any of the areas mentioned above. You probably know that filing a lawsuit is often an ordeal that involves significant expense and time. I plan on filing suit in the FOIA matter if it becomes necessary. If other law suits are required to be filed, I will obtain your permission at that time. If additional funds are required should we decide to file suit, you will be so advised. I will not name any client as a participant or plaintiff in any lawsuit without your express consent. This is not an agreement to form any class for purposes of a class action lawsuit. Class action litigation is not a part of this agreement.
II. ATTORNEY'S FEES AND EXPENSES
2.01 In consideration of services rendered and to be rendered by the Attorney, the Client hereby agrees to contribute a minimum of $25.00. Out of these fees, Attorney will pay all costs associated with representing client in this matter, including costs of travel, costs of hiring associated counsel, investigative expenses, filing fees, internet expenses, and all administrative expenses such as long distance costs, copies, and postage. It is possible that travel in the next 60 days could include trips to Canada, Ecuador, Florida and Las Vegas on matters related to CMKX.
III. EXPLANATION OF FEE ARRANGEMENT
3.01 All parties to this agreement understand that a group of CMKX shareholders led by John Martin of Lindale, Texas retained the above named law firm in 2004 to represent them in any matters relating to their purchase of stock in the Company. When this group of shareholders was advised of the pending regulatory action, an agreement was made by these shareholders to hire legal counsel to represent them in this proceeding because any action by the Court will necessarily have an effect on their stock and their rights as shareholders. John Martin has agreed to pay all attorney fees and costs of this proceeding that are not covered by the contribution of additional shareholders. The total legal fees for representation in this matter cannot be determined at this time due to lack of information by the client regarding what legal issues will be involved and what legal work will be necessary to adequately represent the client. It is also unknown at this time how many additional shareholders will participate in this proceeding. The cost of hiring associated counsel to assist in representing the above named client will be significant and such hiring will be at the sole discretion of the attorney. Regardless of the costs involved to John Martin, your contribution will be the sole financial responsibility of the above named client in the instant proceeding.
IV. ASSOCIATION OF OTHER ATTORNEYS
4.01 The Attorney may, at the sole discretion and expense of the Attorney, associate any other attorneys in the representation of the aforesaid claims of the Client.
4.02 The Frizzell Law Firm is a general practice law firm with experience in the trial of complicated civil matters and general civil litigation. The representation of the client in this matter will involve legal expertise in securities law. The Frizzell Law Firm has general experience in corporate law and business formations but is not representing to any party that the firm has a specialty in securities law. The attorney will hire associate counsel with any required expertise the attorney deems necessary to adequately represent the above named client and all other shareholders in this matter. There will be no additional fees payable from the client above the contribution for the hiring of additional counsel.
V. CONFIDENTIALITY OF INFORMATION
5.01 The attorney is very mindful of the wishes of the client for confidentiality in his or her business affairs. In this proceeding, the above named attorney or associated counsel may be representing to the Court in a legal document that the client is a current common stock shareholder of CMKM Diamonds, Inc. (CMKX)
I certify and acknowledge that I have had the opportunity to read this Agreement. I further state that I have voluntarily entered into this Agreement fully aware of its terms and conditions.
Signed on this 17th day of August, 2005.
First Name:
Last Name:
Email:
Address:
City:
State:
Zip:
Phone:
CMKX OWNERS GROUP
THIS AGREEMENT is made on the 17th of August, 2005, between , hereinafter referred to as the "Client", and The Frizzell Law Firm, 305 South Broadway, Suite 302, Tyler, Smith County, Texas, 75702 hereinafter referred to as the "Attorney":
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
I. PURPOSE OF REPRESENTATION
1.01 The Client hereby retains and employs the Attorney to represent such individual or individuals in several ongoing investigations related to CMKM Diamonds, Inc. By this agreement, said Attorney agrees to represent the interests of the client along with other shareholder clients and protect their interests in any such investigations. This representation agreement is a result of the need for more investigation into matters relating to CMKM Diamonds, Inc. that have arisen since the original employment agreement related to the SEC Administrative Proceeding File #3-11858.
1. Client seeks representation in this matter so that his or her interest along with that of other shareholders is made known to all parties involved in CMKX stock.. Specifically, Attorney and any associated counsel, agrees to advocate on behalf of the client, individually and as a group, with common goals and concerns.
2. Previous work on behalf of John Martin and the CMKX Owners Group has caused the need for additional work and potentially future litigation. Work to be performed under this agreement may include, but is not limited to, an investigation into naked shorting of CMKX stock, professional negligence of any third party which might be responsible for losses to CMKX shareholders, and any related investigations which are necessary to protect the rights of the shareholders. The Attorney agrees to continue the pursuit of information from the SEC as expressed in a recent FOIA request dated May 16, 2005. If the SEC does not comply with the pending request, Attorney agrees to file suit in an appropriate court to pursue this matter. No suit can be instituted until all administrative remedies are exhausted.
3. In addition to the above investigations, the Attorney agrees to continue working with CMKM Diamonds, Inc. management in their efforts to regain full reporting status. The work anticipated by this agreement will necessarily involve investigations into asset evaluations of the company. Work will continue with brokerage houses, market makers and any other firms to determine the actual number of outstanding shares in this company.
4. Litigation (filing of a lawsuit) is a possibility in any of the areas mentioned above. You probably know that filing a lawsuit is often an ordeal that involves significant expense and time. I plan on filing suit in the FOIA matter if it becomes necessary. If other law suits are required to be filed, I will obtain your permission at that time. If additional funds are required should we decide to file suit, you will be so advised. I will not name any client as a participant or plaintiff in any lawsuit without your express consent. This is not an agreement to form any class for purposes of a class action lawsuit. Class action litigation is not a part of this agreement.
II. ATTORNEY'S FEES AND EXPENSES
2.01 In consideration of services rendered and to be rendered by the Attorney, the Client hereby agrees to contribute a minimum of $25.00. Out of these fees, Attorney will pay all costs associated with representing client in this matter, including costs of travel, costs of hiring associated counsel, investigative expenses, filing fees, internet expenses, and all administrative expenses such as long distance costs, copies, and postage. It is possible that travel in the next 60 days could include trips to Canada, Ecuador, Florida and Las Vegas on matters related to CMKX.
III. EXPLANATION OF FEE ARRANGEMENT
3.01 All parties to this agreement understand that a group of CMKX shareholders led by John Martin of Lindale, Texas retained the above named law firm in 2004 to represent them in any matters relating to their purchase of stock in the Company. When this group of shareholders was advised of the pending regulatory action, an agreement was made by these shareholders to hire legal counsel to represent them in this proceeding because any action by the Court will necessarily have an effect on their stock and their rights as shareholders. John Martin has agreed to pay all attorney fees and costs of this proceeding that are not covered by the contribution of additional shareholders. The total legal fees for representation in this matter cannot be determined at this time due to lack of information by the client regarding what legal issues will be involved and what legal work will be necessary to adequately represent the client. It is also unknown at this time how many additional shareholders will participate in this proceeding. The cost of hiring associated counsel to assist in representing the above named client will be significant and such hiring will be at the sole discretion of the attorney. Regardless of the costs involved to John Martin, your contribution will be the sole financial responsibility of the above named client in the instant proceeding.
IV. ASSOCIATION OF OTHER ATTORNEYS
4.01 The Attorney may, at the sole discretion and expense of the Attorney, associate any other attorneys in the representation of the aforesaid claims of the Client.
4.02 The Frizzell Law Firm is a general practice law firm with experience in the trial of complicated civil matters and general civil litigation. The representation of the client in this matter will involve legal expertise in securities law. The Frizzell Law Firm has general experience in corporate law and business formations but is not representing to any party that the firm has a specialty in securities law. The attorney will hire associate counsel with any required expertise the attorney deems necessary to adequately represent the above named client and all other shareholders in this matter. There will be no additional fees payable from the client above the contribution for the hiring of additional counsel.
V. CONFIDENTIALITY OF INFORMATION
5.01 The attorney is very mindful of the wishes of the client for confidentiality in his or her business affairs. In this proceeding, the above named attorney or associated counsel may be representing to the Court in a legal document that the client is a current common stock shareholder of CMKM Diamonds, Inc. (CMKX)
I certify and acknowledge that I have had the opportunity to read this Agreement. I further state that I have voluntarily entered into this Agreement fully aware of its terms and conditions.
Signed on this 17th day of August, 2005.
First Name:
Last Name:
Email:
Address:
City:
State:
Zip:
Phone:
