CONFIDENTIAL ATTORNEY-CLIENT
CONTINGENCY-FEE RETAINER AGREEMENT
Client: {full_name}
Client Email: {email}
Phone: {phone}
Adverse Party: Russell Stover Chocolate, LLC ("Company")
Covered Matter: False or Misleading Email Subject Lines
READ THIS AGREEMENT CAREFULLY: This Agreement defines the Firm’s work, fees, expenses, settlement authority, communications, and each party’s rights, responsibilities, and expectations. No result is guaranteed. Client should ask questions before signing and may seek independent legal advice.
This Confidential Attorney-Client Contingency Fee Agreement (the “Agreement”) is between Milberg LLC (the “Firm”, “We” or “Us”) and the client identified above (“Client” or “You”).
Covered Matter, Scope of Legal Services. The Firm represents Client only concerning Client’s potential individual claims against the Company arising from the facts and conduct identified above (the “Covered Matter”). This representation covers investigation and, if appropriate, pursuing the claims described above through pre-suit resolution, negotiation, mediation, arbitration, or litigation as appropriate. Arbitration is a process for resolving legal claims before a neutral arbitrator rather than a judge or jury, generally with more limited discovery and court review. The Firm may pursue the Covered Matter through arbitration, litigation, or resolution before any formal filing, and this Agreement remains in effect regardless of the forum.
Excluded Services and Matters. Unless otherwise agreed in writing, the representation does not include unrelated matters or claims, appeals, judgment or award enforcement, bankruptcy, individualized tax advice, or other services outside the Covered Matter.
No Extension or Tolling of Deadlines. Entering into this Agreement does not extend, toll, or otherwise affect any statute of limitations, contractual deadline, or other deadline applicable to Client’s claims. Client is responsible for promptly informing the Firm of any known or suspected deadline that may affect the Covered Matter and providing information reasonably necessary for the Firm to evaluate applicable deadlines.
Continuing Claim Verification. The Firm’s acceptance of this Agreement does not mean it has completed its investigation or determined that Client’s claim is eligible, viable, or suitable for pursuit or settlement. After this Agreement becomes effective, the Firm may continue investigating and verifying Client’s eligibility and other material aspects of the Covered Matter. You authorize the Firm to communicate with the Company concerning your account and the Covered Matter and to request, obtain, and review related records and information.
Client Responsibilities. You agree to assist and cooperate with the Firm; provide truthful, accurate, and reasonably complete information and authentic supporting documents when reasonably requested; preserve relevant evidence and correct material inaccuracies or omissions; keep your contact information current; and be reasonably available for discussions, meetings, and any required court or arbitration proceedings.
Our Contingency Fee. You will not owe us an attorney fee unless we successfully collect a financial recovery for You by settlement, award, judgment, or other monetary recovery on the covered claim. Our contingency fee is forty percent (40%) of your total gross recovery, calculated before deducting costs or expenses. If the state where you resides at the time of signing this Agreement does not permit a contingency fee of forty percent (40%) for the Covered Matter, the contingency fee will instead be the maximum percentage permitted under that state’s law, and the Firm will notify Client in writing of the adjusted percentage. Where required by law, the fee is negotiable between Client and the Firm. If a recovery includes non-cash consideration (for example, injunctive relief, in-kind benefits, or coupons), the Firm will determine the value of that consideration in good faith, using a reasonable and customary valuation method, for purposes of calculating the contingency fee, and will disclose that valuation to You in writing.
Separate Attorneys’ Fees. Where legally permitted, the Firm may seek, negotiate, be awarded, or receive attorneys’ fees separately from your Recovery. Separate attorneys’ fees are not part of your Recovery, and, when paid for the same covered work, will be credited against the contingency fee otherwise due from You, rather than added to it, unless applicable law requires different treatment or You and the Firm agree in writing to another legally permitted arrangement.
Expenses, Costs, and Liens. After attorneys’ fees are deducted, authorized costs and expenses, liens, taxes, and other properly chargeable amounts will be deducted from Client’s remaining recovery, and the balance will be paid to Client. Expenses may be incurred specifically for Client or advanced on behalf of similarly situated clients for their collective benefit. Shared expenses will be allocated pro rata based on each client’s relative share of the total group recovery, or on another reasonable and consistently applied basis if individual recoveries have not yet been determined. Amounts paid to third-party vendors, arbitrators, experts, or other service providers assisting with the Covered Matter are passed through at cost and are not retained by the Firm. The Firm will inform Client in writing of the nature and amount of any deductions from Client’s recovery.
Co-Counsel and Service Providers. You acknowledge that We may associate qualified co-counsel in connection with your claim. If governing law requires later disclosure or consent concerning an actual division of fees, we will provide it. Association of co-counsel will not, by itself, increase your overall 40% contingency fee obligation. To improve efficiency, the Firm may use AI-assisted or other technology for appropriate tasks under lawyer supervision and with reasonable confidentiality and security safeguards
Consent to Joint Representation and Collective Proceedings. You understand that the Firm represents, or may represent, other clients who have similar claims against the same Company. Coordinated representation may allow the Firm to pool resources, centralize common work, reduce duplication, and pursue a more efficient overall strategy. At the same time, clients may differ in their facts and objectives, which may create actual or potential conflicts among jointly represented clients. You consent to the Firm’s joint representation of You and other similarly situated clients and authorize the Firm, when appropriate, to investigate and pursue your claim through individual, multi-party, coordinated, collective, representative, mass-arbitration, or court proceedings. This consent does not authorize the Firm to favor another client’s interests over yours or waive every conflict that may arise. Some settlements may require acceptance by a specified number or percentage of participating clients. If so, the Firm will obtain any informed consent required by law before the settlement binds You.
Limited Opt-Out Authorization. I authorize the Firm to opt me out of any amendment or modification to the arbitration agreement in the Company’s terms applicable to the Covered Matter. I also authorize the Firm, upon advance notice to me, to opt me out of any class or collective settlement applicable to the Covered Matter if the Firm determines in good faith that doing so is in my best interest.
Communications. The Firm may use email, text/SMS, telephone, portals, electronic forms, mail, and other reasonable systems. Email will ordinarily be our primary means of communication.
Settlement Authority and Decisions. You authorize the Firm to act as your exclusive legal representative in settlement negotiations concerning the Covered Matter, including individual, group, portfolio, or coordinated negotiations; make and respond to nonbinding demands and counterproposals; participate in mediation; and make reasonable negotiation and settlement-strategy decisions. The Firm may recommend that You accept or reject a settlement and explain the consequences of either decision. Client’s disagreement with the Firm’s recommendation does not itself end the representation or limit the Firm’s right to withdraw when legally permitted. Except as expressly authorized below under the Advance Settlement and Implementation Authorization or in another writing, the final decision whether to accept a settlement is Yours.
Advance Settlement and Implementation Authorization
By signing this Agreement and initialing where indicated below, Client decides in advance to accept any individual settlement that provides at least $100 in gross cash consideration (the “Settlement Floor”) and satisfies the terms below (a “Qualifying Settlement”).