SANTA-FE NATURAL CIGARETTE CONSUMER FRAUD LITIGATION


SCHLESINGER LAW OFFICES, P.A.

ATTORNEY REPRESENTATION AGREEMENT

SANTA FE NATURAL CIGARETTE CONSUMER FRAUD LITIGATION

I, , (hereinafter “CLIENT”), hereby retain Schlesinger Law Offices, P.A. (hereinafter “ATTORNEYS”), to be my attorneys in connection with the above referenced action.

  1. ATTORNEYS shall undertake and use their best efforts to obtain certification of the plaintiff class to which CLIENT belongs, to achieve a fair and equitable settlement of this case or proceed to judgment.
  1. If the action is certified as a class action of which CLIENT is a member, CLIENT will retain the right, as class member, under the class action rules, to support, oppose or comment upon any proposed settlement of all or part of the class action, and to support, oppose or comment upon any application for compensation made by ATTORNEYS. If the action is certified as a class action, and if a monetary recovery is obtained therein for the plaintiff class, either by settlement or judgment, ATTORNEYS retain the right to apply to the court for the entirety of ATTORNEYS’ compensation on a reasonable percentage of recovery basis out of such recovery, and/or from defendants if allowed by statute and case law.
  1. If ATTORNEYS obtain a monetary recovery for CLIENT either by settlement or judgment, ATTORNEYS will be entitled to compensation for their services in the amount of one-third (33 1/3%) of the settlement or judgment proceeds. If any appeal is filed, or post-judgment relief or action is required for the recovery on the judgment, ATTORNEYS will be entitled to an additional five percent (5%) of the total amount of said recovery. Further, all costs and out-of-pocket expenses necessary to represent CLIENT in connection with this matter will be advanced by ATTORNEYS and will be reimbursed to ATTORNEYS solely out of any recovery, or after application of the attorneys’ fee.
  1. ATTORNEYS will advance all costs related to the prosecution of the action at their sole expense (to the extent applicable law and ethics rules allow), and, will not charge or bill CLIENT for any costs should this litigation be unsuccessful.
  1. ATTORNEYS reserve the right to associate other attorneys, experts and consultants at no additional expense to CLIENT.
  1. ATTORNEYS shall seek appointment by the Court as class counsel, and agree to undertake the representation of all members of the plaintiff class. ATTORNEYS emphasize class action practice and therefore reserve the right to determine litigation and settlement tactics on behalf of all clients, and the class. In the event that CLIENT and ATTORNEYS should disagree with respect to litigation tactics, or should disagree over advice given to CLIENT, ATTORNEYS shall have the right to withdraw as counsel with respect to CLIENT. CLIENT has the right to substitute a new attorney at any time and ATTORNEYS reserve the right to withdraw or apply to the Court for permission to withdraw at any time after giving reasonable notice. Likewise, CLIENT has the right to discharge ATTORNEYS. In the event CLIENT discharges ATTORNEYS as CLIENT’S counsel, ATTONRYES shall be entitled to see reimbursement for and recovery from, CLIENT in quantum meruit for work actually performed and completed by ATTORNEYS during the period of ATTORNEYS’ representation of CLIENT.
  1. CLIENT understands the effect of joint representation on ATTORNEY-CLIENT confidentiality. ATTORNEY-CLIENT communications are privileged and are protected against disclosure to a third party. Under this agreement, CLIENT understands that ATTORNEYS may represent and consents to ATTORNEYS representing multiple Plaintiffs. By entering into this agreement, CLIENT waives any right CLIENT may have to require that ATTORNEYS disclose to CLIENT any confidences ATTORNEYS have obtained from any other Plaintiff in connection with the subject matter of this agreement.
  1. CLIENT has a duty to keep ATTORNEYS informed of current address and telephone numbers at all times and, if asked, to cooperate fully in attending all court appearances, settlements, depositions, and other necessary appearances, and to promptly answer all written discovery.
  1. ATTORNEYS have made no representation concerning the final outcome of the CLIENT’s claim or claims relating to the matter in controversy, nor the outcome of any legal action that may be filed or defended on CLIENT’s behalf. ATTORNEYS may withdraw from representation if this action is not certified as a class action, or withdrawal can be accomplished without material adverse effect on the interest of the client. CLIENT understands and agrees that if ATTORNEYS determine, after further investigation, that in their sole opinion there are no reasonable prospects of success, or that success cannot be achieved without excessive expenditures of cost, time and effort, that ATTORNEYS may, in their sole discretion, withdraw as its attorneys, and thereafter will be relieved of any further obligation to prosecute this claim on my behalf. CLIENT acknowledges and agrees that, ATTORNEYS will also be authorized to withdraw as counsel if material, substantial, and ongoing disagreements or differences of view arise between CLIENT and ATTORNEYS regarding the conducting or the progress of the litigation.
  1. As prescribed by Rule 4-1.5, of the Florida Rules of Professional Conduct, promulgated by the Florida Bar, CLIENT has received and read the Statement of Client’s Rights.

From Schlesinger Law Offices, P.A.: Scott P. Schlesinger, Jonathan R. Gdanski, Jeffrey L. Haberman      

If you agree to these terms and would like to engage Schlesinger Law Offices, please read the Statement of Client’s Rights and complete all required fields.

 STATEMENT OF CLIENT’S RIGHTS

Before you, the prospective client, arrange a contingency fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights.

  1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.
  2. Any contingency fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer in writing within three (3) business days of signing the contract. If you withdraw from the contract within the first three (3) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. But if your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering the necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the 3-day period, you may have to pay a fee for the work the lawyer has done.
  3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training and experience. If you ask, the lawyer should tell you specifically about the lawyer=s actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about specific training or knowledge and give you this information in writing if you request it.
  4. Before signing a contingent fee contract with you, a lawyer must advise you whether the lawyer intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers, the lawyer should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingent fee contract.
  5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract that includes the new lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interest and is legally responsible for the acts of other lawyers involved in the case.
  6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or the amount recovered minus the costs.
  7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and the liability you might have for attorney’s fees to the other side.
  8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement, you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
  9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.
  10. You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
  11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call (800) 342-8060, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit, unless your fee contract provides for arbitration. You can request, but may not require, that a provision for arbitration (under Chapter 682, Florida Statutes, or under the fee arbitration rule of the Rules Regulating The Florida Bar) be included in your fee contract.

Signature Certificate
Document name: SANTA-FE NATURAL CIGARETTE CONSUMER FRAUD LITIGATION
Unique Document ID: f1dd00a31d680ca70b18126402daf8c3af45c2fb
Timestamp Audit
2016-03-06 23:44:10 EDTSANTA-FE NATURAL CIGARETTE CONSUMER FRAUD LITIGATION Uploaded by Scott Schlesinger - fherrera@schlesingerlaw.com IP 23.122.98.93