
Re: Engagement of The Webb Law Centre PLLC, Sahrbeck P.C. and Talcott Franklin P.C. (collectively, the “Firms”) regarding the provision of services by Optimum Inc., Altice USA and affiliated entities (“Defendant”)
Dear {name}:
Thank you for your interest in retaining the Firms respecting the above-referenced matter. The scope of this representation is narrow. The Firms have agreed to represent you in a lawsuit against Altice NV DBA Altice USA (the “Claim”).
Talcott Franklin, Jonathan Sahrbeck, and I will primarily be responsible for the representation. The Firms will be compensated on a contingency fee basis, receiving 40% of the amount you recover as our fee, which 40% will also include reimbursement for all expenses incurred on your behalf. The Firms have the right to determine in their sole discretion whether to incur an expense on your behalf. You recognize that the incurring of expenses must take into account the size of a potential recovery, and that the Firms will not incur expenses that significantly reduce the potential fee.
Optimum requires you to sign an authorization to allow Optimum to communicate with and provide information to your attorney. By signing below, you agree that we can utilize your signature for that authorization. Optimum may also require you to sign your notice of dispute or arbitration demand affirming the accuracy of your survey responses. By signing below, you agree that we can utilize your signature for the notice of dispute or arbitration demand, and you agree to provide truthful answers to the survey questions as though you were under oath.
In no case shall the amount you pay us under this arrangement exceed the amount you recover. If you do not recover anything, you are not responsible to pay our fees or any of the expenses. Unlike many Firms, the Firms do not consider electronic research, photocopies made at the Firms rather than by a third-party vendor, or staff overtime to be “expenses” that are passed on to a client.
The Firms may associate other law Firms to assist with the Claim, and may share with any associated law Firms the fees obtained under this Agreement. You have no objection to any such association so long as the association comports with all ethical requirements and the associated law Firms agree to be bound by this Agreement. By signing this agreement now, you agree to be bound by the terms of this Agreement as to any associated law Firms.
We have provided you a copy of the Notice of Dispute, which you have thoroughly reviewed, and which begins the arbitration process. Although we intend to make a demand to arbitrate this matter, it is possible that the Defendant could later seek to settle this Claim as part of a class action settlement in a court of law.
The Firms or any associated Firms shall not be responsible, unless otherwise agreed in a writing signed by me, for any other legal advice, including but not limited to determining the causes of action that may be asserted outside of the Claim, the deadlines for filing any claims imposed by contract or law (including any statute of limitations), tax, financial, debt, familial, or bankruptcy advice, your obligations under securities laws or False Claims Act laws, advising you related to any investigation to which you are being or may be subjected, or any insurance coverage or other source of recovery related to such claims. The Firms shall also not be responsible for any work done by any prior counsel.
Because the Firms are a party to this Agreement and have a material economic interest in it, the Firms have a conflict of interest and cannot give you any advice with respect to it. I therefore strongly advise you to seek independent legal representation regarding this Agreement.
Importantly, as we have discussed, please continue to gather and retain all documents currently in your possession or control regarding Defendant and/or that you believe are relevant to your claim. If documents are on your computer, please turn off any automatic deletion program until this matter is resolved.
The standard terms for TFPC accompany this letter and are part of this engagement letter. If any part of the standard terms conflicts with this letter, this letter will govern. If you agree with these terms (including the standard terms), please sign this letter and return it to me. If you have any questions about these terms or would like to discuss them, please call me as soon as possible so as not to impede our commencing work on your behalf. We look forward to working with you to achieve a successful result.
Sincerely,
Charles R. “Rusty” Webb
AGREED:
NAME: {name}
Address: {address}
Phone: {phoneNumber}
CLIENT SIGNATURE: