ATTORNEY-CLIENT RETAINER AGREEMENT

By this AGREEMENT (“CLIENT”) retains as co-counsel Potter Handy LLP (hereinafter referred to as “PH”) and Don Bivens PLLC (hereinafter referred to as “DB”) (together the “FIRMS”) to represent CLIENT for the purposes of pursuing claims against Google LLC and any related entity (“Defendants”) for any violations of privacy while using Google’s products and services (“Claims”).

Please read the following Authorization to Represent and Fee Agreement carefully. If you have any questions about the terms of the Fee Agreement please email info@potterhandy.com. If you understand and agree to the Fee Agreement and its terms, please signify by initialing each section where indicated and dating and signing the Fee Agreement on the last page.

1. AUTHORIZATION TO REPRESENT

I want to employ FIRMS to represent me in my Claims. “Claims” is defined as and limited to a potential lawsuit or legal action asserted against Google LLC for violation of privacy rights and related causes of action based specifically on Google’s Incognito mode policies; “Claims” DOES NOT INCLUDE any other potential claims against Google or any other defendant. I understand that FIRMS are only representing me regarding potential rights related to Claims as defined above and further that FIRMS shall have full discretion regarding how best to pursue them including with respect to jurisdiction and venue and whether to file in state or federal court. Further, should a lawsuit be filed, the specific claims prosecuted are dependent on the facts and evidence available to support them. I consent and agree to the representation by FIRMS as stated.

2. FEE AGREEMENT & COMPUTATION OF FEES

THIS LEGAL FEE DOES NOT INCLUDE ANY AMOUNTS OWED FOR “COSTS” (Defined in Section IV below); and APPLICABLE LEGAL FEE TO FIRMS SHALL BE DETERMINED BASED ON THE TOTAL GROSS RECOVERY PRIOR TO THE DEDUCTION OF COSTS ADVANCED FROM CLIENT’S RECOVERY.

I understand that attorney fees are not set by law and are negotiable between attorney and client.

A. Definitions:

TOTAL GROSS RECOVERY: Any and all gross amounts recovered by FIRMS on behalf of CLIENT in obtaining resolution of CLIENT’S Claims.

CLIENT’S RECOVERY: The net amount to CLIENT after FIRMS’ Fee is calculated on the total gross recovery; and after costs deducted (defined in Section IV below).

B. Firms’ Fees and Calculation of Percentage on Gross Recovery

Contingent Fee Percentage: After discussion with CLIENT, FIRMS and CLIENT have agreed that FIRMS shall be entitled to receive FORTY PERCENT (40%) of the total gross recovery obtained by FIRMS on behalf of CLIENT.

SEE EXAMPLE: Attorneys’ Fee Percentage Calculation

Calculation: FIRMS’ Fee of 40% of $100,000 = $40,000 to FIRMS. CLIENT’S Recovery: $100,000 - $40,000 = $60,000 to CLIENT.

NOTE: THE ABOVE EXAMPLE DOES NOT REFLECT ANY RECOVERY IN THIS CASE BUT IS SOLELY AN ILLUSTRATIVE EXAMPLE OF HOW FEES WILL BE CALCULATED UNDER THE AGREEMENT.

3. Payments Over Time

Should CLIENT agree to accept payment of any recovery over time, FIRMS shall be entitled to receive payment and satisfaction for FIRMS’ FEES AND REIMBURSEMENT OF COSTS first before CLIENT’S share is paid.

4. Division of Attorneys’ Fees

PH and DB have agreed that if this case results in any award of attorney’s fees that the total fees will be divided 50% to PH and 50% to DB. PH will serve as lead counsel in the prosecution of this case. DB has had a larger role in the marketing and vetting of qualified plaintiffs and class representatives. DB will also consult with PH on all major aspects of the case including pleadings, motions, discovery, mediations, settlement, and if necessary, the trial. PH and DB believe that this division of attorneys’ fees is reasonable in light of the anticipated responsibilities of the two firms and in light of the need to represent CLIENT competently and diligently.

5. Negotiation for or Award of Statutory Attorneys’ Fees

Should FIRMS negotiate for or receive an award of Statutory Attorneys’ Fees, FIRMS shall still be entitled to either of the following amounts, whichever is greater:

  • The result of calculating the FIRMS’ contingent fee when the fee award is added to the total gross recovery;
  • The total amount of the Statutory Attorneys’ Fees awarded.

SEE EXAMPLE: FIRMS’ Fee Calculation Percentage with Award of Attorney’s Fees

Calculation: $100,000 verdict + Statutory Attorney’s Fee Award of $50,000 = $150,000 (total gross recovery) x 40% (contingent fee) = $60,000 to FIRMS. CLIENT’S Recovery: $150,000 – $60,000 = $90,000 to CLIENT. Since the result of calculating the FIRMS’ contingent fee when the fee award is added to the total gross recovery is GREATER than the statutory attorney’s fee award of $50,000, FIRMS are entitled to take the greater amount.

Calculation: $100,000 verdict + Statutory Attorney’s Fee Award of $150,000 = $250,000 (total gross recovery). In this example, FIRMS would take the Statutory Attorney Fees Award of $150,000 because it is greater than 40% of $250,000.

NOTE: THE ABOVE EXAMPLES DO NOT REFLECT ANY RECOVERY IN THIS CASE BUT ARE SOLELY ILLUSTRATIVE EXAMPLES OF HOW FEES WILL BE CALCULATED UNDER THE AGREEMENT.

6. COSTS AND EXPENSES

A. Definition of Costs: Expenses which FIRMS deems necessary for the processing of this matter. Such expenses include but are not limited to phone charges, photocopy costs, postage costs, overnight delivery charges, investigation costs, court filing fees, mediation costs, messenger and court filing services, expert fees, online legal research fees, accountant’s fees, and appraiser’s fees.

B. Costs for Association of Counsel or Vendor: At FIRMS’ discretion, FIRMS may associate other persons, including without limitation investigators, accountants, or other attorneys outside the firm in pursuing the specified matter. Should such associations be required, FIRMS will obtain consent from CLIENT prior to associating other persons when such associations are at CLIENT’S expense.

C. Advancement of Costs: Costs and expenses which are advanced by FIRMS will be itemized. NOTE: COSTS ARE BILLED SEPARATELY AND ARE NOT INCLUDED IN THE FIRMS’ FEE outlined in Section II above.

D. Agreement to Reimburse Costs from Client’s Recovery: CLIENT agrees to reimburse FIRMS for any and all Costs paid/incurred or advanced by FIRMS on CLIENT’S behalf.

CLIENT UNDERSTANDS AND AGREES THAT COSTS WILL BE DEDUCTED FROM CLIENT’S RECOVERY AFTER ATTORNEYS’ FEES HAVE BEEN CALCULATED BASED ON THE TOTAL GROSS RECOVERY.

SEE EXAMPLE: Firm’s Fee & Cost Calculation based on a total gross recovery of $100,000:

Calculation: FIRMS’ Fee of 40% of $100,000 = $40,000 plus $1,000 in Costs = $41,000 to FIRMS. CLIENT’S Recovery: $100,000 (total gross recovery) – $41,000 (firm’s fees and costs) = $59,000 to CLIENT.

NOTE: THE ABOVE EXAMPLE DOES NOT REFLECT ANY RECOVERY IN THIS CASE BUT IS SIMPLY AN ILLUSTRATIVE EXAMPLE OF HOW FEES WILL BE CALCULATED UNDER THE AGREEMENT.

7. WAIVER OF CONFLICT OF INTEREST

I also understand that there is a potential conflict of interest whenever the attorney is required to negotiate both for the client’s damages and for the attorney fees. I have been informed that I have the right to consult with independent counsel for legal advice before entering into this Agreement. Notwithstanding that, I agree to the terms contained herein and I expressly waive any objection to this potential conflict of interest that may now or may later exist between the FIRM and me. I hereby authorize FIRM to handle this case and to negotiate any possible settlement as to both my recovery and the attorney fees.

8. NO OBLIGATION TO APPEAL

I understand that FIRM is not obligated in any way by this Agreement or otherwise to pursue an appeal. If an appeal is necessary or desirable for any reason, it will be done so in the sole discretion of FIRM. Further, in the case of an appeal, the parties would be obligated to negotiate and enter a new retainer agreement.

9. NO ADVANCES OR LOANS ON RECOVERY

I shall not ask FIRM for any advance of any potential recovery and I shall not apply for any loan using my case as collateral. I shall not ask FIRM for a loan. FIRM shall not be requested nor will FIRM be required to assist me in any way to seek financing using my case as collateral.

10. BANKRUPTCY

FIRM, at FIRM’s sole discretion, may dismiss any case filed pursuant to this agreement upon a defendant filing a Petition in Bankruptcy Court, or upon the matter being deemed to come under Bankruptcy Court’s jurisdiction.

11. DISCLOSURE OF INTENT TO FILE BANKRUPTCY BY CLIENT

In the event that I believe it is in my best interest to file for personal bankruptcy, I must inform the FIRM immediately; and if represented by Counsel, consent to allow FIRM to speak to the attorney hired to file for bankruptcy. If CLIENT files for bankruptcy without notifying FIRM, I understand that FIRM may terminate representation and would further be entitled to a lien for attorney’s fees incurred on proceeds received from my case at a later date.

12. COMMUNICATION & DISCLOSURES

I shall inform FIRM of any and all developments that may significantly affect my claims, including but not limited to arrests, convictions, and bankruptcy filing. I agree to be truthful with FIRM and to make no material omissions to the facts as I understand them. I agree to provide all documents within my possession regarding this matter to FIRM, to keep FIRM informed of any information and developments which may come to my attention, to abide by this Agreement and to keep FIRM advised of my current address, telephone number and whereabouts. I agree to appear on time at all legal proceedings when FIRM deems it necessary and generally to cooperate fully with FIRM in all matters related to the preparation and presentation of my Claims.

13. COMMUNICATION WITH THE FIRM

I agree and understand that my individual claims have limited value and that FIRM is able to economically pursue my claim only because it intends to pursue the same or similar claims on behalf of a large number of other individuals too. As a result, I understand that FIRM may not be able to contact me via telephone calls. I also understand and agree that FIRM and I will primarily communicate through electronic means, such as email or text message. I agree and understand that it is likely that I will not meet any attorney at FIRM face to face, or speak with an attorney telephonically for the vast majority or even entire duration of the MATTER. I also understand and agree that my communication with the FIRM will primarily be with FIRM’s non-attorney support staff. I hereby give permission to Firm and its affiliates to communicate with me via automated phone dialing and texting.

SETTLEMENT AUTHORITY: I understand that Attorneys are pursuing this case on behalf of many other persons in addition to me. I understand that the economics of this case might not make sense to pursue my case alone. I also understand that there are advantages and disadvantages to being one of many clients of one law firm with the same claims. I understand that I have ultimate decision-making authority on the settlement terms in my case. However, I also understand that If I don’t agree to the terms of settlement Attorneys negotiate for me, Attorneys are permitted to withdraw from representing me.

14. FIRM TO CHOOSE HOW AND WHERE TO PURSUE CLAIM

I understand that there are many complicated factors regarding what venue and when to file. There are often different arbitration clauses. I authorize FIRM to “opt out” of any arbitration clauses, argue against any arbitration clauses and otherwise make decisions about how to pursue my claims, without limit. This includes, but is not limited to, FIRM pursuing or resolving my matter on behalf of a class. I understand that it may not be in my best interests for FIRM to resolve my matter as part of a class action, but I authorize FIRM to do so anyway. This is a potential conflict of interest between FIRM and me. I understand I have the right to independent legal advice on this potential conflict of interest and hereby waive this conflict of interest.

I also understand that litigation is generally unpredictable. In a mass action like mine, there is the possibility that the Court or Arbitrator could require paying filing or other costs that could make this case uneconomical for Attorneys to pursue. I understand that Attorneys may but are not obligated to advance costs to prosecute my claims and that if Attorneys find that costs required to pursue my claim render it uneconomical, Attorneys may dismiss my claim even if it is after the statute of limitations has expired. I understand that Attorneys alone shall determine if it is uneconomical to pursue, or continue to pursue, my claims.

15. AUTHORIZATION FOR CRIMINAL BACKGROUND CHECK

I hereby authorize the FIRM to conduct a review of my background, including but not limited to my criminal history, previous or current residences, and any other public records. I understand that the information collected in the background check will be used for the sole purpose of verifying and collecting information required for the FIRM to lawfully and accurately represent me in the matter(s) for which I have retained their services.

16. MALPRACTICE INSURANCE

Please be advised that this firm maintains professional errors and omissions insurance coverage applicable to the services to be rendered under this engagement with respect to representation by FIRM.

17. WITHDRAWAL AND AUTHORIZATION FOR LIEN

All Attorneys’ fees earned and costs or expenses advanced by Attorneys shall be a lien on any settlement or judgment or Gross Recovery made or secured on behalf of Client. In the event FIRM and CLIENT discontinue the relationship outlined in this agreement for any reason, the reasonable value of Attorney’s services shall be the applicable contingency fee applied to the offer made most recently before the relationship is ended, or the applicable contingency fee applied to the value of the case that was developed through the course of litigation up to the point when the relationship ended, or Attorneys’ reasonable hourly rates multiplied by the time spent on the case, whichever is greatest.

18. FIRM DOES NOT GUARANTEE RESULT

I understand that there is always a risk to litigation. If I were to lose a case, under some circumstances, I may have to pay costs and/or attorney fees to the prevailing party. I acknowledge that FIRM has made no guarantee regarding the successful termination of my case and all expressions about the relative chances of success are matters of opinion only.

19. RETURN OF FILE

I understand that I have a right to my client papers and property upon termination of the FIRM’S representation. At the conclusion of FIRM’S representation, the FIRM will destroy the hard copies of all documents concerning my case in 60 days; I expressly authorize and request the FIRM destroy the hard copies of my file. The FIRM will maintain the records in a digital format for at least four years after the representation is terminated and thereafter may dispose of the digital records at FIRM’S discretion.

20. LIMITATION OF SCOPE OF REPRESENTATION

I understand that the FIRM’S representation is limited to my Claims that I have listed above. FIRM is NOT agreeing to represent me in any antecedent, subsequent or related matters, or procedures beyond the specified matter. I authorize FIRM take any actions and initiate any proceeding deemed by FIRM to be advisable in representing my interests in connection with this matter. I also empower FIRM to settle or compromise the matter with my consent. I hereby give authority to FIRM to give my tax ID # to the defendant(s). I further understand that the defendant(s) are usually required to report any settlement amount to the Internal Revenue Service. I acknowledge that the FIRM has not and will not give any advice related to the effect recovery could have to my taxes and or ramifications on any public assistance (SSI, SSDI, etc.) that I receive. I understand that I will need to talk to a tax or benefit professional regarding these issues and that FIRM does not have any such professionals.

21. SEVERABILITY OF THE TERMS OF THIS FEE AGREEMENT

If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted; and neither such provision, nor its severance or deletion, shall affect the validity of the remaining provisions.

22. WHO YOU ARE RETAINING

Potter Handy LLP doing business as Potter Handy LLP (FIRM) is a California limited liability partnership that is registered with the California State Bar. Mark Potter, State Bar #166317, is the partner of FIRM. I understand that Mr. Potter have many employees and independent contractors that work for them and that these other attorneys could make Court appearance(s) on my matter.

23. ENTIRE AGREEMENT

This Fee Agreement contains the entire agreement of Client and FIRM. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on Client and FIRM.

I acknowledge and agree to the terms and conditions of the above Contingent Fee Contract.

This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.

 
________________________
Potter Handy LLP
 
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Don Bivens PLLC

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Document name: ATTORNEY-CLIENT RETAINER AGREEMENT
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June 3, 2024 12:34 pm MSTATTORNEY-CLIENT RETAINER AGREEMENT Uploaded by Don Bivens - caseupdates@donbivens.com IP 88.126.181.60
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