Updated 4/21/2022. See prior version here.

CONSUMER LAW

ATTORNEY RETAINER AND FEE CONTRACT

*Date*

*Customer Name*

*Customer Email*

*Customer Phone*

 

This agreement establishes the terms by which Advocate Attorneys (“AA”) and *Attorney Name* (“Designated Lawyer”) collectively (“Lawyers”) agrees to represent you (“Client”) in investigating and pursuing your consumer dispute (your “Claim”) against *Company Name* (“Defendant” or “Defendants”).  The primary attorney assigned to your matter is: Designated Lawyer

You may reach *Attorney Name* through the claim management dashboard provided by FairShake Inc. or by email at *Attorney Email*. All communications should be directed through these two channels. *Attorney Name* may agree to, but is not required to, participate in phone calls or video conferences.

Retainer Deposit Requirements and Fees

Advocate will prosecute your Claim against Defendant (s) on a contingent basis. No out of pocket payments will be owed by Client to Lawyers – any fees earned will remain due and owing, but may only be collected from the Defendant(s).

Attorneys charge for their time as follows: (1) a one-time flat fee of $300 for the Notice of Dispute ; (2) a one-time flat fee of $400 for the Demand for Arbitration; and (3) all post-filing time spent on the case will be billed on an hourly basis at the rate of $350 per hour. All fees earned must be included in either the settlement or fee award.

Unless otherwise agreed, Client will not be responsible for paying any fees or costs other than a $200 filing fee payable to the American Arbitration Association for the arbitration demand, if necessary.

You will not have to pay a filing fee if any of the following apply to you: (1) you elect not to file your Claim with the American Arbitration Association; (2) your income is below 300% of the federal poverty line; or (3) the Defendant agrees to pay the filing fee for you.

Periodically, Attorneys may provide an invoice to Client showing actual time spent, fees incurred, any expenses paid on behalf of Client, and the application of any funds on deposit. Please make sure our office has your current email address and that you notify us of any changes. If you do not have access to the Internet, please let our office know. Client agrees that payment to Client from Defendant in connection with your Claim shall be payable to the trust account of local counsel.

Client agrees that any recovery and any fees earned by Lawyers by Arbitration Award of settlement shall be paid from Designated Attorneys Trust Account in the following manner:

1. Reimbursement of any expenses advanced by Lawyers.
2. Legal Fees awarded by Arbitration Award or agreed to upon Settlement.
3. Payment to FairShake of all amounts due and unpaid under Client’s contract with FairShake.
4. Payment to Client.

Attorney hourly rates may change from time to time. The current hourly rates for our professionals can be found in the attachment to the email sent with this agreement or by contacting our office.

Investigation and Prosecution of All Consumer Claims

Attorneys’ investigation may reveal that Client has claims against others, such as debt collectors, attorneys, mortgage service providers, credit reporting agencies and others. These claims may arise under various consumer federal and state consumer protection or fraud statutes or common law. Once Attorneys have determined that a case is viable and the Client has agreed with Attorney’s recommendation to assert that claim, Attorneys agree to undertake such representation and to prosecute the Client’s claim to resolution. A separate representation agreement shall be required should the Client authorize Lawyers to bring any such claims.

If no settlement or monetary recovery results from Attorneys’ work, Client shall not be required to pay Attorneys for any fees unpaid after application of all funds required to be deposited pursuant to this agreement.

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 attorneys fees and costs incurred. The Client acknowledges and understands that the amount awarded Client may be disproportionate to the fees awarded to Attorneys. 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 Attorneys 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 a financial obligation to FairShake out of any proceeds Client receives from any award or settlement.

Expenses

With the knowledge and consent of Client Lawyers 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 by Client

Client has the right to terminate this agreement and “fire” Attorneys at any time. Should Client terminate the relationship with the Attorneys before the resolution of any pending matter, Attorneys are entitled to be paid for the value of the work they completed, at the prevailing hourly rate as reflected in the monthly billing statement issued to Client. Should Client fire Attorneys after an offer of settlement is received, and Client eventually accepts a settlement similar to the offer obtained, Attorneys are entitled to fees the same as if Client had not fired them.

Client Responsibilities

Client agrees that once Attorneys have been retained that all communication between Client and any mortgage loan servicer, attorney, collection agency, or other person or business which is the subject of the matter, must stop. All communication must be through Attorneys. This requirement is for Client’s protection. Client agrees to promptly forward any written communication received to Attorneys. Client understands that Client must fully cooperate with Attorneys 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 Attorneys’ instruction and approval; (v) not discussing the case with anyone without Attorneys’ approval and consent; and (vi) informing Attorneys 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).

Client understands that Attorneys also have the right to terminate this agreement. Some reasons this might occur are: (i) Client and Attorneys cannot work together; (ii) Client does not cooperate with Attorneys; (iii) Client is not truthful with Attorneys about the case; (iv) Client refuses to accept a settlement that is reasonable; or (v) Client fails to pay any money as agreed. In the event Attorneys must terminate this agreement because of Client’s non-compliance, Attorneys shall be entitled to fees for their work completed to date, at the prevailing hourly rate.

Length of Representation

If a suit is filed Attorneys agree to represent Client through the conclusion of a trial, should one become necessary, or through a settlement, should that occur before trial. With Client’s authorization, Attorneys may file an appeal on Client’s behalf in connection with any case filed, but if Defendant(s) in any such case files an appeal, Attorneys reserve the right to refuse representation of Client in the appeal at Attorneys’ discretion. Client understands that Attorneys shall be permitted to petition for and prosecute any claim for Attorneys’ fees and costs, including the taking of an appeal of the same. Should any postjudgment interest accrue on a judgment rendered against any defendant(s), Attorneys shall be entitled to the interest on their portion of the judgment and/or fee award, and Client shall be entitled to the interest on Client’s portion.

Attorneys reserve the right to terminate this agreement if at any time it appears to Attorneys that Client’s claims no longer hold merit.

Miscellaneous

Attorneys have made no promises about the final outcome of Client’s matter, except that Attorneys shall handle their work in a diligent and competent manner.

Attorneys shall not resolve, settle, dispose of, or compromise any Client matter without Client’s express consent.

Client understands that Attorneys may retain co-counsel at Attorneys’ discretion and share fees with co counsel as outlined in an addendum to this Agreement, where applicable. Attorneys agree 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 Attorneys 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 Attorneys’ fees.

Attorneys are 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 Attorneys 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 to pay Attorneys all fees and costs reasonably incurred by Attorneys in any proceeding to enforce the terms of this agreement, including the collection of amounts due for unpaid fees.

Client agrees and consents to lawyers 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. From time to time, lawyer may communicate with Client regarding matters other than the Client’s particular matter or account, such as services that the law firm may wish to market to the Client or issues that we find may be of interest to the Client. At any time, Client may withdraw his/her consent by notifying us in writing to cease communication by email.

ACCEPTED AND AGREED, as of the date first written above:

CLIENT

_______________________

*Customer Name*

 

ADVOCATE ATTORNEYS

_______________________

Marc E. Dann, Attorney-at-Law

 

DESIGNATED ATTORNEY

___________________________

*Attorney Name*