Saks Fifth an Lord & Taylor Class Action 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:
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.
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:
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.
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.
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.
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.
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.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM
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Document Name: Saks Fifth an Lord & Taylor Class Action Signup Form
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