When the time comes that EDIG is to persue infringers where there's a conflict of interest with DM, they will have no choice but to get a 2nd law firm involved, and stated such very clearly at the Nov 19, 2009 SHM. Whether it will be hourly or a contingency deal, nobody knows at this point and it's pure speculation either way.
On DM continuing to represent us or not, there has not been an
8-K saying the agreement was canceled and liens released on the patents. Unless that surfaces they remain on board.
I agree an hourly deal would not be favorable, unless money comes in from what ever source and the options are limited.