I accept the terms of the Power of Attorney and Contingent-Fee Agreement set forth below.
POWER OF ATTORNEY AND CONTINGENT-FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that I appoint SCOTT M. HARE and MICHAEL J. BRUZZESE as my true and lawful attorneys for me and in my name, place and stead to make all demands and to institute and prosecute to final judgment, if necessary, one or more lawsuits or other appropriate actions against Alex Polyakov a/k/a Sam Collins t/d/b/a SolidInvestment.com, and all other appropriate Defendants, for all causes of action I may have against these Defendants arising from investments I made with Solid Investment.
I certify that I am of the legal age of majority and am competent to enter this agreement. I agree to provide all necessary information requested by SCOTT M. HARE and MICHAEL J. BRUZZESE in the prosecution of this matter. I agree to respond promptly, honestly and thoroughly to all such requests for information.
I authorize SCOTT M. HARE and MICHAEL J. BRUZZESE to communicate with me by e-mail. I agree to safeguard such communications so as to preserve the attorney-client privilege. I agree to keep my e-mail account active and functional, and to notify SCOTT M. HARE and MICHAEL J. BRUZZESE promptly of any change in my e-mail address.
I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE will review my claims to determine whether there exists a reasonable basis to file a lawsuit on my behalf against Solid Investment and any other appropriate Defendants. If SCOTT M. HARE and MICHAEL J. BRUZZESE conclude that there is a reasonable basis to file a lawsuit on my behalf, I understand that such lawsuit will be filed in the Court of Common Pleas of Allegheny County, Pennsylvania, and I consent to the jurisdiction of that court for the prosecution of my claims.
SCOTT M. HARE and MICHAEL J. BRUZZESE shall have full power to compromise or settle said lawsuit subject to my approval as may appear to my best interest and shall provide their professional services to the prosecution of said lawsuit.
Good business practice requires that attorney fee agreements be set forth in writing. I agree that SCOTT M. HARE and MICHAEL J. BRUZZESE shall receive for their professional services ONE-THIRD (33 1/3%) of all money that they secure by reason of said lawsuits or other actions. In the event the prosecution of my claim results in a recovery, SCOTT M. HARE and MICHAEL J. BRUZZESE will provide a written statement reporting the amount of such recovery, the amount to be remitted to me, and the method of calculation of that amount pursuant to the terms of this agreement.
I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE cannot guarantee any particular result in this matter, and do not make any representations as to whether or to what extent they may be successful in obtaining any recovery on my behalf. I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE cannot predict the length of time that may be required to reach any result in this matter, and do not represent or warrant that this matter will conclude within any particular time.
I am aware that Solid Investment is alleged to have defrauded many victims, and I understand that other parties have asserted claims against this person arising from investments made with Solid Investment, and that other parties have contacted SCOTT M. HARE and MICHAEL J. BRUZZESE to request representation in connection with their claims. I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE will represent other such parties in addition to and simultaneously with their representation of me as a multiple-plaintiff action, and I consent to such common representation. As in any class-action or common-fund recovery, I understand that the total of all such claims may exceed any assets that may be located for execution in satisfaction of my claims (if any such assets are located). I understand, acknowledge and agree that if the total of all claims exceeds the amount of assets available for satisfaction of such claims, I will receive a pro rata distribution from the assets that are recovered, such pro rata distribution to be based upon the value of my claim relative to the total of all claims being prosecuted by SCOTT M. HARE and MICHAEL J. BRUZZESE. I understand that, as a result, I may recover only a portion of my total claim even if the assets that are located might otherwise be sufficient to satisfy my individual claim in full. In all events, I understand that there is no guarantee of obtaining a judgment in my favor, or any particular recovery thereon, or any recovery in any amount. Being fully aware of these facts and circumstances, I wish to proceed with my claims simultaneously with other claimants, and to be represented in common with such other claimants by SCOTT M. HARE and MICHAEL J. BRUZZESE.
I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE only undertake hereby to represent me in connection with my efforts to recover unpaid investments I made with Solid Investment by filing and prosecuting a lawsuit in the Court of Common Pleas of Allegheny County, Pennsylvania. I understand and agree that SCOTT M. HARE and MICHAEL J. BRUZZESE do not hereby undertake to, and are not obligated to, file any action in any other jurisdiction, including any action in execution upon any judgment that might be obtained in the Court of Common Pleas of Allegheny County, Pennsylvania. Notwithstanding, I authorize SCOTT M. HARE and MICHAEL J. BRUZZESE to proceed on my behalf in other jurisdictions, including by filing execution proceedings upon any judgment that may be obtained, if it appears advisable and feasible to do so. I understand that the decision whether to proceed in other jurisdictions depends upon several facts not currently known by me or SCOTT M. HARE and MICHAEL J. BRUZZESE, and therefore cannot be made in advance, but rather must be made after careful consideration of such facts as they emerge. Without limitation, I understand that the current and future whereabouts of Solid Investment, and the location of any assets owned or controlled by Solid Investment, may not be known, and therefore the forum of any further proceedings, including execution proceedings, cannot be anticipated in advance. I further understand that the prosecution of actions in other jurisdictions may be subject to professional licensing requirements in such jurisdictions, and that such licensing requirements may govern the ability of SCOTT M. HARE and MICHAEL J. BRUZZESE to provide representation in such other jurisdictions. I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE are licensed to practice law in the Commonwealth of Pennsylvania, and are admitted to practice before the courts of those states, together with various federal courts situated within those states. Further, I understand that SCOTT M. HARE and MICHAEL J. BRUZZESE maintain their offices in Pittsburgh, Pennsylvania, and do not maintain offices for the practice of law in other locations. Accordingly, I understand that, as future circumstances require and warrant, SCOTT M. HARE and MICHAEL J. BRUZZESE will examine and inform me regarding the advisability and possibility of proceeding in other jurisdictions on a pro hac vice basis or through the use of local counsel licensed to practice in such jurisdictions. Once again, I understand that the details of such potential developments cannot be anticipated, and must be decided based on additional facts and circumstances as they emerge.
Further, I understand and agree that SCOTT M. HARE and MICHAEL J. BRUZZESE do not hereby undertake to represent me in connection with any other matters, claims or issues. Without limitation, I understand and agree that SCOTT M. HARE and MICHAEL J. BRUZZESE do not hereby undertake to provide any advice or services relating to tax matters surrounding the loss or possible recovery of the funds I invested with Solid Investment. I agree that I will seek any necessary advice regarding such issues from appropriate counsel licensed to practice in the jurisdiction where I reside.
Scott Michael Hare
Bartony & Hare, LLP
Law & Finance Building
429 Fourth Avenue
Suite 1801
Pittsburgh, PA 15219
Tel: 412/338-8632
Fax: 412/338-6611
Michael J. Bruzzese
The Bank Tower, Suite 1008
307 Fourth Avenue
Pittsburgh, PA 15219
Tel. 412.281.8676
Fax. 412.281.8046
