RETAINER AGREEMENT
1. It is hereby agreed by the undersigned that LOEVY & LOEVY ("Attorneys") will represent ______________ (“Client”), in connection with an ongoing investigation of and claims to be brought for violation of the Illinois Biometric Information Privacy Act. At present it is contemplated that Attorneys will bring an arbitration on behalf of Client against Lyft, Inc. Client represents that they have provided true and accurate information to Attorneys in connection with claim against Lyft Inc. and will continue to do so. This representation includes all aspects of such arbitration including investigation, litigation, hearing, appeal and settlement (the “Matter”).
2. If for any reason the Client does not recover any money as a result of the Matter, Client shall not owe Attorneys any compensation for Attorneys’ time expended working on the case. If Attorneys are successful in recovering money for the Client by way of settlement, judgment, or otherwise, then Attorneys will be entitled to a contingency fee of 40% of the recovery and to petition the arbitrator(s) for an award of attorneys’ fees and costs to be paid directly by Lyft Inc. and not from the recovery (in total, the “Fee Award”).
3. Attorneys and Client agree to adopt this fee arrangement because it is the opinion of all of the undersigned that this fee arrangement maximizes the Attorneys’ financial incentive to prevail for Client and also maximizes Attorneys’ incentive to endeavor to obtain the maximum possible amount of compensation/recovery/settlement from the Defendant.
4. Attorneys have entered into a separate Co-Counsel Agreement with Don Bivens, PLLC, an Arizona professional limited liability company. Pursuant to the Co-Counsel Agreement, Don Bivens PLLC will receive 25% of any Fee Award recovered (less costs actually advanced by Attorneys). Attorneys are entitled to 75%. This is a joint representation. Attorneys will take the lead role in conducting the litigation on a daily basis. Don Bivens, PLLC will have a lesser role in the conduct of the litigation, but will advise and consult with Attorneys, and may assist in the administrative process of finding and vetting potential clients. Both law firms believe that this division of fees is reasonable in light of our respective roles in the case, and in light of the need to represent Client competently and effectively. Client acknowledges and agrees with this fee-splitting arrangement.
5. Costs, such as filing fees, photocopies, transcript costs, and cost of notices, are being advanced by Attorneys. Client will never be responsible for reimbursing these costs, even if the case is unsuccessful. In the event the case is successful, Attorneys will petition the arbitrator(s) for reimbursement out of amounts recovered for the Client or to award such costs against the Defendant directly.
6. This agreement may be signed in counterparts.
LOEVY & LOEVY, ATTORNEYS: CLIENT:
By: ____________________ ______________________
Dated: ____________________ Dated: ____________________