Client Name:
Client Email:
Re: [CLIENT NAME] v. Wells Fargo Bank, N.A.
Dear [CLIENT NAME]
We look forward to working with you to pursue your claims against Wells Fargo Bank, N.A. (“Wells Fargo”) for violations of state consumer protection statutes and breach of contract relating to Wells Fargo unlawfully enrolling you in financial and/or credit monitoring products and/or services without your knowledge or consent. This is an agreement (“Agreement”) between you and Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”), Tycko & Zavareei LLP (“TZ”), and Kopelowitz Ostrow P.A. (“KO”) (collectively, “Law Firms”). The Law Firms’ attorneys are licensed to practice law in many states, including, New York, Maryland, Florida, North Carolina, South Carolina, Tennessee, Georgia, Mississippi, California, Illinois, Washington D.C. and others. Although we are able to practice in most states, if we determine it necessary to associate with attorneys in other states to assist with your representation, we may do so at our discretion. In that event, you will not be responsible for any additional fees or costs.
You understand and authorize the Law Firms to proceed with filing your claim as an individual arbitration, rather than in a court. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury and is overseen by an arbitral organization such as the American Arbitration Association. Arbitration can be very different from a court case. Unlike a court case, there is no jury in arbitration, and there is limited discovery. Although we anticipate an arbitration, this Agreement shall apply regardless of whether the claims are filed in arbitration, in court, or resolved by settlement prior to a filing in any forum. While it is the Law Firms’ goal to secure the maximum recovery possible for you in connection with your claim, you authorize the Law Firms to resolve and settle your claim with Wells Fargo, at a minimum, for either the amount you were unlawfully charged or a one-hundred-dollar ($100.00) value, and to execute any settlement agreement on your behalf. Of course, the Law Firms will do their best to resolve your claim for a higher amount. This is within the range of available statutory damages under state consumer protection statutes.
Our Law Firms will handle the above-referenced matter based upon a contingent fee arrangement wherein our collective fee will be 40% of any gross recovery obtained in this matter, whether it be through settlement or arbitration. We may be able to recover attorneys’ fees from Wells Fargo in connection with the representation. Should we be successful in doing so, our attorneys’ fee shall be the greater of: (1) the total attorneys’ fees awarded by the arbitrator or negotiated in settlement with Wells Fargo; or (2) 40% of the total gross recovery (including attorneys’ fees).
During this representation, we may incur expenses for copies, long distance telephone calls, legal research, travel, etc. Typically, these costs are paid by the client. However, we will advance all costs incurred by our Law firms, such as copies, postage, express delivery charges, legal research (e.g., Westlaw, LexisNexis, PACER), travel expenses, etc. We will also incur costs that are not generated by our Law Firms, such as the filing fees with the arbitral organization or court, costs of the experts, legal process outsourcing companies (i.e., service of process, document production, trial exhibits), and deposition costs (including transcripts). You agree we will be reimbursed for these costs separately and apart from attorneys’ fees, if, and only if, we ultimately obtain a recovery. Advanced costs are paid out of your recovery after payment of attorneys’ fees.
You understand the Law Firms may at any time recommend the claim or case not be continued for any reason whatsoever, including, but not limited to, little or no likelihood for success on the claims’ merits. If we decide to discontinue our pursuit of your claim, we may withdraw from our representation of you at any time and will provide you email notice of this Agreement’s termination.
Also, you understand your file and any materials compiled by our Law Firms during representation will remain the property of our Law Firms upon conclusion of the representation. We will cooperate fully in furnishing a copy of relevant materials from the file to any successor attorney who you may retain. Additionally, we will maintain the file on this matter for at least six years. Should you wish to obtain any information or materials from the file, including personal items furnished to us in the handling of your claim/case (i.e., documents, photographs), these will be returned to you by request if the request is made six years after the conclusion of the representation.
Finally, we do not make any promises or guarantees regarding the outcome or conclusion of this representation.
If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files.
We look forward to working with you on this matter.