Bank of Hope Data Breach Signup Form


ATTORNEY-CLIENT FEE AGREEMENT

ATTORNEY-CLIENT CLASS ACTION FEE AGREEMENT

            WILSHIRE LAW FIRM, PLC (“Attorneys”), and  and his/her spouse   (wholly known as “Client”) hereby agrees as follows:

  1. Conditions.  This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement to Attorney.
  2. Scope of Services.  Client hereby hires and retain the Attorneys as attorneys to represent Client in your claims against Bank of Hope, and any individuals and/or other entities related to, associated with and/or operating in conjunction with them (collectively “Defendants”) related to its data breach connected to your account. The Attorneys will provide legal services to Client on the terms set forth herein.  The representation shall include all factual and legal research, negotiations with interested parties, preparation of pleadings, and all court appearances through trial, any post-trial motions, and entry of judgment in this case. 

            The Attorneys will provide those legal services reasonably required to represent in this matter.  The Attorneys will take reasonable steps to keep Client informed of significant developments relating to your matter and respond to Client’s inquiries.  Unless Client and the Attorneys make subsequent different agreement in writing, this agreement will govern all future services the Attorneys agree to perform for Client.

  1. Services Not Covered By This Agreement.  This Agreement does not cover other related claims, appeals, writs, execution on any judgment, or other legal services that may arise.  If additional services are necessary in connection with Client’s claims and Client’s request that the Attorneys perform such services, a separate written fee agreement must be made between the Attorneys and Client.  Such additional services may be required, for example, in bringing any additional complaints against other potential defendants, or in defense of a lawsuit, cross-complaint or other cross demand filed against Client in connection with the above-referenced matter.
  2. Client’s Duties.  Client agrees to be truthful with the Attorneys, to cooperate, to keep the Attorneys informed of developments, to abide by this Agreement, and to keep the Attorneys advised of Client’s address, telephone number and whereabouts. 
  3. Legal Fees and Billing Practices. ATTORNEY WILL ONLY BE COMPENSATED FOR LEGAL SERVICES RENDERED IF A RECOVERY IS OBTAINED FOR CLIENT. IF NO RECOVERY IS OBTAINED, CLIENT WILL NOT BE OBLIGATED TO PAY LEGAL FEES.

            The Attorneys will be compensated for legal services rendered only if a recovery is obtained.  If no recovery is obtained, the Attorneys will receive no legal fees.  When appropriate, the Attorneys will submit their request for legal fees and costs to the Court, and the Court will review the request and make a determination concerning the amount of fees and costs to be awarded to the Attorneys for their work on behalf of Client and/or the potential and/or certified class.

            The fee to be paid to Attorney will be a percentage of the “gross recovery,” depending on the stage at which a final settlement by Client is reached or judgment is reached. The term “gross recovery” means: (1) the total of any and all amounts received by settlement, arbitration award or judgment, including any award of attorney’s fees, costs, interest, sanctions, workers compensation that is part of the settlement, or any other proceeds that are promised to or received by Client for which Attorney has applied legal services. 

            Attorney’s fee shall be calculated as follows:           

  1. At any time prior to filing a lawsuit, or a request for arbitration, or mediation, Client shall pay Attorney as his fee for such representation the sum of FORTY percent (40%) of the gross settlement, verdict, award or recovery obtained.
  2. If a lawsuit is filed at any time, or a request for arbitration is noticed at any time, or a mediation is conducted at any time, Client shall pay Attorney as his fees the sum of FIFTY percent (50%) of the total settlement, verdict, gross arbitration award or recovery.

Any award of Attorney Fees and and/or cost shall be entirely awarded to Attorneys, notwithstanding Paragraph 5a and 5b.

            If Client settles Client’s claim or cause of action without the consent of Attorney, Client will pay Attorney’s fee in accordance with the terms of Paragraphs 5a through 5b of this Agreement based on final recovery received by Client in Client’s settlement and Client will reimburse Attorney for all costs and advances.

  1. Costs.  The Attorneys agree to advance costs on Client’s behalf for Client’s claims, subject to reimbursement of such costs only if there is any recovery as a result of a negotiation, settlement, judgment or otherwise. Client agrees to reimburse the Attorneys out of the amount of recovery that remains after the Attorneys’ legal fees are subtracted from the Total Recovery.

            Attorneys will incur costs and expenses in performing legal services under this Agreement. Client agrees, upon file closure, to pay a $400.00 file handling charge for the opening, handling, closing, and storage of client’s physical and electronic file.  Client agrees to pay for all additional costs, disbursements and expenses paid or owed by Client in connection with this matter, or which have been advanced by Attorneys to Client or by Attorneys on Client’s behalf. Attorneys may demand Client advance costs for filing and service of lawsuit prior to such filing and/or serving.  In addition to any other costs, Attorneys may, within ninety (90) days prior to the first date scheduled for the beginning of trial, demand the Client advance all costs associated with trial.   Costs, disbursements and litigation expenses commonly include court fees, court reporter fees,  jury fees, service of process charges, court and deposition reporters’ fees, photocopying and reproduction costs, notary fees, long distance telephone charges, messenger and other delivery fees, postage, deposition costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultant, expert witness, professional mediator, arbitrator and other similar items. Additionally, due to the difficulty of tracking costs such as in-house photocopying, faxes, paper, mileage, postage, and other “soft costs”, client hereby agrees, at the conclusion of services, to be pay $50 per month, or portion thereof, that Client’s case is in prelitigation, plus $200 per month, or portion thereof, that Client’s case is in litigation.  Litigation begins the date that a lawsuit or request for arbitration is filed on Client’s case.

            Client authorize the Attorneys to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary in the Attorneys’ sole judgment. 

  1. Attorney May Associate Counsel. Client agrees that at no additional fee, Attorneys may associate counsel as needed and may share the above described legal fees with the associated counsel.
  2. Awards of Attorneys’ Fees and/or Costs if Class Action Is Certified.  If any aspect of Client’s case is certified and proceeds as a class action, the Court and/or other adjudicating body will be required to review and to approve any payment of attorneys’ fees and/or reimbursement of costs incurred for pursuing the case. In this process, Client understand that the Court and/or other adjudicating body may analyze and award attorneys’ fees applying a different fee calculation methodology than the fee calculation methodology provided in this Agreement, including division of fees among attorneys.   Should the Court and/or other adjudicating body calculate and apply an attorney fee award using a methodology that differs from the methodology in this agreement, the amount of attorneys’ fees and costs determined by the Court and/or other adjudicating body to be awardable shall constitute the total attorneys’ fees and costs payable.  No additional attorneys’ fees or costs shall be payable by Client.
  3. Awards of Attorneys’ Fees and/or Costs if Class Action Is Not Certified.  A Court and/or other adjudicating body may award reimbursement of attorneys’ fees and/or costs in the course of litigation of this matter.  Client understand that the amount that a court or other adjudicating body may order as costs and/or attorneys’ fees is the amount the court or other adjudicating body believes Client are entitled to recover and does not necessarily determine what costs and/or attorneys’ fees Client are required to reimburse and/or pay to the Attorneys or that the costs and/or attorney fees that were allowed were reasonable.
  4. Multiple Client Representation, Conflicts of Interest, Settlement, and Aggregate Settlement.  This lawsuit may be filed as a multi-plaintiff case in which the Attorneys may represent multiple victims of the same incident individually and as proposed and/or certified class representatives.  Each representative has the same duty to protect the interests of the class as a whole.  Client understands that additional plaintiffs may be added to the case in the future, and Client consents to the Attorneys adding additional plaintiffs and/or certified class representatives to the lawsuit as proposed if the Attorneys deem that to be reasonable or desirable and in the best interests of the potential and/or certified class. 

            There is always a potential for conflicts of interest to arise when a lawyer represents more than a single client in a lawsuit.  At the present time, the Attorneys are not aware of facts or circumstances making it reasonably likely that an actual conflict of interest might develop between Client and other potential named plaintiffs or between Client and the potential and/or certified class in this case. Likewise, Client have not brought to the Attorneys’ attention any facts or matters that suggest that any conflict of interest exists or might arise in the future. However, the risk is always present, and currently unforeseen conflicts could potentially arise in the future.

            The Attorneys owe a duty of loyalty to each of their clients and to the potential and/or certified class.  The duty of loyalty requires the Attorneys to act in each client’s best interest, and in the best interest of the potential and/or certified class as a whole. The Attorneys cannot give legal advice to one client that might be detrimental to the other client. Nor can the Attorneys represent one client in a disagreement with another client. If any of these circumstances arise, and in the absence of further client consent, the Attorneys may be required to withdraw from the representation of Client and Client would be required to obtain independent legal counsel.

            The Attorneys also have a duty to protect client confidential information. Where two or more clients are jointly represented in the same case, such confidential information is shared between the joint clients.  This means that if one client has confidential information that the client does not want shared with the other client, then separate legal representation shall be obtained.

            Conflicts of interest may also arise if the Attorneys are given conflicting instructions from its clients regarding case strategy, including whether or not to settle the case and on what terms. Client understand that the Attorneys must protect the interests of the potential and/or certified class, and that the Attorneys must take those steps that they determine are in the best interest of the potential and/or certified class. The Attorneys cannot act as Client’s lawyer in resolving any disagreements or conflicting instructions between Client, other jointly-represented plaintiffs and/or other potential and/or certified class representatives.  If such disagreements or conflicts arise, Client will be required to resolve the disagreements among yourselves, with or without independent legal counsel, and provide the Attorneys with a common set of instructions.  In the event Client cannot agree and the Attorneys continue to receive conflicting instructions, the Attorneys may be required to withdraw from the representation of Client’s interests.  This may result in Client having to hire new legal counsel and incur unanticipated expenses.  In addition the Attorneys’ withdrawal may come at an inconvenient time, and delays harmful to Client’s interests may be encountered as a result of Client’s need to hire new counsel. 

            Client understand and agree that if a conflict of interest arises between Client and other jointly-represented plaintiffs, between Client and potential and/or actual class representatives or between Client and the potential and/or certified class, the Attorneys shall have the right to withdraw from representing Your individual interests, but may continue to represent the other jointly-represented plaintiffs, the remaining potential and/or certified class representatives and/or the potential and/or certified class.  Client also understand that under such circumstances, the Attorneys may act adverse to Client’s interests in continuing to represent these other parties.  Client consent in advance to this potential adversity, and agree not to seek to disqualify the Attorneys on the basis that they are acting adverse to Client as a former client if they continue to represent the other jointly-represented plaintiffs, the remaining potential and/or certified class representatives and/or the potential and/or certified class. Client understands that if the case results in favor of a judgment for the Defendant, Client may be liable for costs.

            During the course of litigation, there may be settlement discussions with the Defendants. The Defendants may make an aggregate settlement offer, meaning that they may offer a lump sum of money in settlement of all of the claims at issue, including Client’s claims, any other jointly-represented plaintiffs’ claims, any potential and/or actual class representatives’ claims and the potential and/or actual class members’ claims.  Another aggregate settlement possibility is that the Defendants may offer a sum certain to each individual claimant.  An aggregate settlement may be insufficient to compensate each claimant individually and disagreements may arise concerning how to allocate, or divide, an aggregate settlement. 

            Client acknowledge and understand the potential conflicts of interest discussed above, and Client agree to waive the potential conflicts of interest which arise from the Attorneys’ representation as discussed above.  

  1. Discharge or Withdrawal.  Client may discharge the Attorneys at any time on written notice to the Attorneys, and the Attorneys will immediately cease to render additional services after receiving such notice.  The Attorneys will fully cooperate with any successor law firm. 

            Client agrees that Attorneys may withdraw from its representation for Client at any time, for any reason.  Attorneys may chose to either remove, or add Client as a class representative at any time, for any reason. 

            In the event the Attorneys withdraw with justification under this paragraph or if Client discharge the Attorneys, the Attorneys shall be reimbursed for all documented and reasonable costs incurred by the Attorneys in connection with the matter in which the Attorneys represented Client in accordance with this Agreement.  In addition, out of any recovery Client may subsequently obtain for any matter that was commenced by the Attorneys prior to termination, the Attorneys shall receive legal fees therefrom for the services the Attorneys rendered to the date of termination.

  1. Lien. Client hereby grants the Attorneys a lien on any and all claims or actions in which the Attorneys represent Client under this Agreement. The Attorneys’ lien will be for any sums owing to the Attorneys in accordance with this Agreement for any unpaid costs, or attorneys’ fees, at the conclusion of the Attorneys’ services, and acts as security for the payment of such sums. The lien will attach to any recovery Client receives, whether by judgment, settlement, arbitration award or otherwise. The lien could delay payments to Client if there are any disputes over the amounts to be paid to the Attorneys. Before signing this Agreement Client may seek the advice of an independent lawyer of Client’s choice about the lien and all other aspects of this Agreement. Client’s right to do this is also set out in Paragraph 20, below.  Client hereby grants, to Attorney, Client’s Power of Attorney to execute all documents connected with the claim for which Attorney is retained, including pleadings, contracts, endorsement of checks payable to Client, commercial papers, settlement agreements, authorizations, designations, compromises, releases, verifications, dismissals, orders and any and all other documents that Client could properly execute or endorse.
  2. Confidential Information. Client understands that Client may receive confidential information, including confidential information from or relating to other parties, in the course of the litigation and that such information is or may be subject to protective orders and/or attorney-client, work-product, joint-prosecution, and other applicable privileges. Client agrees not to disclose any such confidential information to the detriment of the litigation, except insofar as may be required in any dispute between Client and the Attorneys or as otherwise required by law.
  3. Express Consent to Electronic Communications. In order to maximize efficiency in this matter, the Attorneys intend to use state-of-the-art communications devices to the fullest extent possible (e.g., email, electronic document transfers, mobile devices and facsimile transfers). The use of such devices under current technology may place Client’s confidences and privileges at risk of inadvertent or unintended disclosure. However, the Attorneys believe the effectiveness involved in use of these devices outweighs the risk of accidental disclosure. By signing this letter, Client acknowledge Client’s consent to the use of these devices.
  4. Attorneys’ Authority. In connection with the claims covered by this Agreement, subject to Client’s prior approval, Client hereby gives the Attorneys the power and authority to execute any and all claims, deposits, orders, and other papers that Client could properly execute, and to receive on Client’s behalf any moneys or other things of value to which Client may be entitled because of any judgment recovered or any settlement received.
  5. Approval for Settlement. If this becomes a certified class action, Attorneys will not seek your consent unless Client is designated as a class representative, prior to accepting a settlement.  If not a certified class action, Attorneys will not make any settlement or compromise of any nature of any of Client’s claims without Client’s prior approval or, if any aspect of Client’s case is certified and proceeds as a class action, the Court and/or adjudicating body’s review and approval. So long as the Attorneys represent Client in this matter, Client agrees that Client will not make any settlement or compromise of any nature of any of Client’s claims in the matter without prior notice to and in consultation with the Attorneys. If this case involves multiple clients of Attorney arising from the same even, Client agrees that Attorney is authorized to settle this case on behalf of Client on a global basis, with pro rata recovery being made to Client out of a global settlement, when Attorney deems that a global settlement is appropriate. 
  6. Disclaimer of Guarantee. Nothing in this Agreement and nothing in the Attorneys’ statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. The Attorneys make no such promises or guarantees. Any comments about the outcome of Client’s matter are expressions of opinion only.
  7. Arbitration. Although the Attorneys do not expect that any dispute will arise, in the unlikely event of any dispute concerning the Attorneys’ representation, including disputes regarding the amount of fees or the quality of the Attorneys’ services, Client and the Attorneys shall first conduct a mediation under the rules of JAMS (Judicial Arbitration and Mediation Service) in Los Angeles, California. The cost of the mediation will be borne equally by both parties to this agreement. If Client and the Attorneys cannot agree on the mediator, then JAMS shall have the authority to appoint one mediator so the mediation can be held.

            If the mediation is unsuccessful then the dispute shall be determined by binding arbitration under the rules of JAMS in Los Angeles, California by one arbitrator, either agreed to between Client and the Attorneys at the time of any dispute or appointed under the JAMS rules. The cost of the arbitration shall be initially borne equally by both parties. However, upon making a determination of the claims in arbitration, the arbitrator shall have the discretion to order that the costs of the arbitration, including fees and other costs—but not reasonable attorney fees—shall be borne by the losing party. Client and the Attorneys further agree that all information concerning the facts, substance or result of any such mediation or arbitration shall remain confidential and not be disclosed except to the extent necessary to enforce the arbitration award or as otherwise permitted or required by law. Binding arbitration is different than a court proceeding. In binding arbitration, there is no right to a jury trial, no right to appeal, and the arbitrator is not required to follow the law.

            Note: This Arbitration clause also applies to any disputes concerning the Attorneys and Client, who shall be bound equally by this clause and all its provisions.

  1. Client File. Attorneys will store Client’s file information for two (2) years after the conclusion of the case. Client has a right to request its client file in writing upon discharge of the Attorneys or the conclusion of your case. If the Attorneys represent more than one client in the matter, Client understands and agrees that the Attorneys will satisfy their obligation to release Client’s “client file” to Client by providing Client with a photocopy or electronic copy of files that pertain only to the Attorneys’ representation of Client on Client’s individual claims. However, the Attorneys will not be obligated to provide Client with a photocopy or electronic copy of files that pertain to the Attorneys’ representation of other clients in the matter and/or the potential and/or certified class to the extent those files are protected by the work product doctrine and/or attorney-client privilege that the Attorneys owe to the other clients and/or the potential and/or certified class. Client agrees to cooperate reasonably with the Attorneys in the event Client request a copy of Client’s client file, to ensure that the rights of any other clients represented by the Attorneys and/or the potential and/or certified class are not prejudiced.
  2. Your Right to Consult with Counsel on This Agreement. Client has the right to consult with counsel other than the Attorneys to advise Client on this Agreement and any provision in it.  Client acknowledge that Client had the opportunity to discuss the contents of this Agreement with independent counsel, and that Client have read and understand this Agreement.
  3. Severance. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
  4. Modification by Subsequent Agreement. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.
  5. Effective Date. This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services. The date of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.

 

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM

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Signature Certificate
Document name: Bank of Hope Data Breach Signup Form
Unique Document ID: 455769422ccf001bb8419370aa16fdeced0dcd0d
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August 9, 2018 2:28 pm PDTBank of Hope Data Breach Signup Form Uploaded by Bobby Saadian, Wilshire Law Firm PLC - file@wilshirelawfirm.com IP 173.245.37.82