ATTORNEY RETAINER AND FEE CONTRACT
By submitting a consumer claim through FairShake’s online service, you have given FairShake the right to appoint an attorney to increase your odds of success in your claim (in whose outcome FairShake has a financial stake). This agreement establishes the terms by which *Attorney Name* (“Designated Lawyer”), a licensed attorney selected and engaged by FairShake Inc. (“FairShake”), agrees to help you succeed in your consumer dispute, agrees to represent you (“Client”) in pursuing your consumer dispute (your “Claim”) against *Company Name* (“Defendant” or “Defendants”).
You may be executing this agreement prior to the selection of an attorney to serve as Designated Lawyer on your Claim. You also understand that FairShake has no obligation to appoint a Designated Lawyer, and that signing this Agreement does not in any way entitle you to legal representation in pursuit of your claim.
You may reach *Attorney Name* through the claim management dashboard provided by FairShake Inc. *Attorney Name* may agree to, but is not required to, participate in interactions outside of the FairShake dashboard, including emails, phone calls or video conferences.
No Payment From Client
All fees incurred as part of this representation shall be paid by FairShake, or by the Defendant(s) as part of a settlement or award. No out of pocket payments will be paid by Client to Designated Lawyer.
With respect to limited scope services where FairShake. Designated Lawyer charges time spent representing the Client on an hourly basis at a rate of $350 per hour. Designated Lawyer will prosecute your Claim against Defendant(s) on a contingent basis.
Client will not be responsible for paying any fees or costs, except for a $200 filing fee payable to the American Arbitration Association for the arbitration demand, if Client decides to proceed with such filing. Client will not have to pay a filing fee if any of the following apply: (1) Client elects not to file the Claim with the American Arbitration Association; (2) Client’s income is below 300% of the federal poverty line; or (3) the Defendant agrees to pay the filing fee for Client.
Client agrees that any recovery and any fees earned by Designated Lawyer by arbitration award or settlement and paid to Designated Lawyer’s Trust Account shall be disbursed in the following manner
1. Reimbursement of any expenses advanced by Designated Lawyer.
2. Legal Fees awarded by Arbitration Award or agreed to upon Settlement.
3. Payment to Fair Shake of all amounts due and unpaid under Client’s contract with Fair Shake.
4. Payment to Client.
Attorney hourly rates may change from time to time, and from service to service. Designated Lawyer’s hourly rate ranges from $50 to $500, and specific rates are available upon request.
Scope of Representation
Designated Lawyer may provide either a full representation or a limited scope representation to Client. The scope of this representation shall be determined by FairShake (the party paying for the representation), and FairShake will notify Client by email of such scope at the start of this representation (the “Notice”). The description of the scope of this representation in the Notice, is incorporated into this Agreement by reference.
If this representation is initially limited in scope, it may be expanded at any time to a full-scope representation at the option and expense of FairShake.
Statutory Damages, Fees Awards and Non-Monetary Relief
Client understands that certain types of claims may limit the Client to statutory damages, restitution or specific performance but may require that the Defendant pay for Designated Lawyer’s fees and costs incurred. The Client acknowledges and understands that the amount awarded to Client may be disproportionate to the fees awarded to Designated Lawyer. In other words, your attorney may earn more in fees than you receive in settlement proceeds or arbitration awards.
In certain instances, resolution of a matter may result in payment of fees to Designated Lawyer and non-monetary relief to Client, such as reinstatement of a mortgage loan, correction of erroneous credit reporting, waiver of late fees or charges, write-off of debt, etc. Client acknowledges and understands and agrees to the payment of fees as provided herein notwithstanding the fact that client may receive no monetary compensation.
Client’s Existing Agreement with Fairshake
Client understands that nothing in this agreement shall affect Client’s contractual obligations with Fairshake. Client understands that Client still has (1) a financial obligation to FairShake out of any proceeds Client receives from any award or settlement and (2) an obligation to share up to date information about Client and the Claim with FairShake.
With the knowledge and consent of Client Designated Lawyer may from time to time advance costs and fees required for the prosecution of the arbitration. Client agrees that payment for those costs and fees shall be recovered from any Arbitration Award or settlement.
Termination of Agreement
Client has the right to terminate this agreement and “fire” Designated Lawyer at any time. Designated Lawyer may terminate this agreement at any time if Client has violated any of the Client Responsibilities or requests that Designated Lawyer engage in any practice, filing or activity that would violate any law, regulation or rule of professional practice, or otherwise engages in behaviors that interfere with Designated Lawyer’s ability to properly represent Client. Designated Lawyer may terminate this representation and agreement for reasons that include, but are not limited to, the following: (i) Client and Designated Lawyer cannot work together; (ii) Client does not cooperate with Designated Lawyer; (iii) Client is not truthful with Designated Lawyer about the case; (iv) Client refuses to accept a settlement that is reasonable; or (v) Client fails to pay any money as agreed. Designated Lawyer further reserves the right to terminate this agreement if at any time it appears to Designated Lawyer that Client’s claims no longer hold merit.
Client agrees that once Designated Lawyer has been retained that all communication between Client and any attorney, collection agency, or other person or business which is the subject of the matter, must stop. All communication must be through Designated Lawyer. This requirement is for Client’s protection. Client agrees to promptly forward any written communication received to Designated Lawyer. Client understands that Client must fully cooperate with Designated Lawyer throughout the course of representation. This includes, without limitation: (i) promptly returning calls; (ii) providing requested information; (iii) appearing when necessary at hearings, depositions or meetings; (iv) not taking action on the case without Designated Lawyer’s instruction and approval; (v) not discussing the case with anyone without Designated Lawyer’s approval and consent; and (vi) informing Designated Lawyer immediately of any developments related to the case or any changes to Client’s current information (i.e., work status, income, home or work address, phone number or e-mail address).
Length of Representation
This representation shall end when terminated by either party or upon the acceptance of a settlement offer or receipt of an arbitral award. This representation shall not extend to any post-settlement or post-award interactions between Client and Defendant(s), including but not limited to disputes arising from any settlement agreement or arbitral award. Unless otherwise agreed by the parties, this representation shall not include any appeals of an arbitral award. This representation shall also terminate automatically if the Claim can no longer be pursued through the consumer arbitration process specified in Defendant’s terms and conditions.
Designated Lawyer has made no promises about the final outcome of Client’s matter, except that Designated Lawyer shall handle their work in a diligent and competent manner.
Designated Lawyer shall not resolve, settle, dispose of, or compromise any Client matter without Client’s express consent.
Client understands that Designated Lawyer may retain co-counsel at Designated Lawyer’ discretion and share fees with co counsel as outlined in an addendum to this Agreement, where applicable. Designated Lawyer agrees to consult with Client and disclose the terms of any arrangement with co-counsel prior to the retention of such attorney(s).
Client understands that Designated Lawyer do not practice in the area of tax law and that it is Client’s responsibility to consult a tax advisor regarding potential tax implications of any settlement or monetary recovery in any matter as all or a portion of any settlement or award may be taxable income, including any amount for Designated Lawyer’s fees.
Designated Lawyer is not a credit repair organization or a debt settlement agency, and do not promise to repair Client’s credit or settle debts except in the context of a litigated or potentially litigated matter. Client understands that only consumer reporting agencies can make a decision as to whether or not to correct erroneous credit reporting or repair a damaged credit rating.
Should Client and Designated Lawyer mutually agree to amend a term of this agreement, any agreed-upon amendment must be evidenced in writing and signed by both parties.
Client hereby acknowledges having read this agreement fully, understands its terms, and agrees to them.
If you do not understand any part of this agreement, do not sign.
Client agrees and consents to Designated Lawyer communicating with Client regarding the Client’s matter and account by means of electronic communication (“email”) to the email address provided by Client, which Client represents is owned by Client.
ACCEPTED AND AGREED, as of the date first written above: