plaintiffs.

          In March 1996, the Hospital obtained an order permitting it to

bring a counterclaim against Dr. Speken for indemnification and/or

contribution based upon his alleged malpractice in his treatment of

Seth Speken, alleging that it was Dr. Speken’s own negligence which

ultimately caused his son’s death. They alleged that he addicted

his son to benzodiazepines and then withheld said information from

the emergency room physicians when his son was admitted to the

Hospital.

          When the counterclaim was asserted by the Hospital against Dr.

Speken individually, Moore concluded that a different lawyer should

appear before the jury for the Estate, as plaintiff, and Dr.

Speken, as counterclaim defendant.

          Moore then obtained Pare to appear for and represent Dr.

Speken on the counterclaim. On June 15, 1996, plaintiffs signed a

retainer agreement with Pare, providing for a contingent fee of 25%

of the net proceeds received from the wrongful death action, after

payment of the attorneys’ fees to the Estate’s attorneys for the

prosecution of that action.

          Prior to the signing of the retainer agreement, Moore had

asked for a 50% referral fee, but Pare would only agree to a 1/3

referral fee. Moore ultimately accepted Pare’s 1/3

referral fee. Pare then answered on behalf of Dr. Speken,

and participated in discovery.
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