|
|
|
|
ATTORNEY-CLIENT PRIVILEGED
April 1, 2005
VIA E-MAIL
|
Name Plaintiff Street Address Eureka, CA 95503 (415)288-4545 |
|
|
|
|
Re: Plaintiff, et al. v. Defendant, Inc., et al.
Case No. CGC-05-4****** (San Francisco Superior Court)
Dear Ms. Plaintiff:
This letter will confirm our retention by you in connection with the consumer litigation being brought against Defendant Inc in connection with Defendant’s [ named unfair, illegal or deceptive business] practices.
The terms under which we will represent you as representative plaintiff in a class or representative action are:
1. We agree to prosecute the action on a contingency fee basis. In the event of settlement, our fee is 30 percent. In the event of a successful trial in this matter, our fee will be 40 percent of the total recovery. You agree to act in a representative capacity to seek relief for all persons damaged as a result of Dell’s actions including injunctive relief, restitution or damages. You recognize that our efforts will cost us many times any injury suffered by you and therefore agree that should defendants offer to settle your claims individually, you will not do so unless or until a qualified replacement representative comes forward.
2. You will have no responsibility for legal fees in any event. Fees will be paid only out of a recovery (i.e., judgment or out‑of‑court settlement) or from defendants. In the event of a class action, fees are paid only after notice to the class and a court hearing. Similarly, if there is no recovery, you will not have responsibility for fees.
3. We will advance all expenses and costs necessary to prosecute the case. In the event that we are not successful in obtaining a recovery, the responsibility for these expenses and costs is ours alone B you have no responsibility for them.
4. You will cooperate in the prosecution of the action, including discovery and deposition testimony related to this action if requested.
5. If you are designated as a class representative plaintiff and we are designated class counsel for the class, we will pursue the claims on a class basis. Otherwise, the claims will be pursued in your representative capacity on behalf of the general public.
6. You agree that our files and documents compiled in connection with our investigation and prosecution of this matter constitute the work product and property of this firm over which the firm has complete control with respect to its use and/or disclosure.
7. All notices to be given by the parties hereto shall be in writing and served by depositing same in the United States Post Office, as follows:
|
TO THE CLIENT: Named Plaintiff **** Street Eureka, CA 95503 (415)288-4545
|
|
TO ATTORNEYS: Lerach Coughlin Stoia Geller Rudman & Robbins LLP
|
|
|
8. Any actions arising out of this letter agreement shall be governed by the laws of California, and shall be brought and maintained in San Francisco, which shall have exclusive jurisdiction thereof.
9. This letter sets forth the entire agreement between the parties, and supersedes all other oral or written provisions.
We look forward to working with you.
Very truly yours,
Reed R. Kathrein
Please sign below and return this agreement by fax, and return the original to us by mail. We will send you a fully executed copy for your files.
|
Dated: ______________________________ |
_____________________________________________ |