This engagement letter (“Agreement”) outlines the nature of our engagement, along with our mutual responsibilities and expectations. Kindly take a moment to carefully review this letter and feel free to contact us if you have any questions or require additional clarification.
Scope of the Engagement: This Agreement is between Milberg Coleman Bryson Phillips Grossman, LLC (“Firm”) and you (“Client” or “You”) for legal representation regarding your (or your minor child’s) potential claims against E-Advance, LLC d/b/a AdvanceAutoParts.com (“Respondent”) for alleged violations of federal and state anti-wiretapping laws. This representation covers investigation and, if appropriate, pursuing the claims described above. It does not include any other actual or potential causes of action, appeals, or legal services arising from this or any other matter. After this engagement concludes, Firm will have no further obligation to advise or provide any legal services on your behalf, unless agreed in writing. If you are signing on behalf of a minor child, you certify that you have the authority and legal capacity to pursue these claims on the child’s behalf.
While we anticipate arbitration, this Agreement remains in effect regardless of whether the claims are ultimately brought in arbitration, litigated in court, or resolved by settlement before any formal filing. You expressly authorize us to pursue all available legal and equitable remedies on your behalf. You expressly authorize Firm to discuss your account and obtain your account records from Respondent.
Arbitration and Consolidation. Arbitration is a simplified means of pursuing legal claims, where disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The Firm may determine that consolidating your case with others of a similar nature will be more effective. Accordingly, You authorize Firm to participate in individual, multi-party, or mass arbitration proceedings, and to negotiate a classwide, collective, mass, coordinated, and/or representative settlement of claims.
Express Minimum Settlement Authority: While Firm will endeavor to obtain the maximum recovery for your (or your minor child’s) claims, You authorize Firm to settle your claims with Respondent for, at minimum, a $100 value. You recognize that legal outcomes can be unpredictable, and we do not make any promises or guarantees regarding the outcome of your claims. If you have any questions about the foregoing, please advise.
Multiple Representation & Potential Conflicts: You acknowledge the Firm represents other clients with similar claims against the same Respondent(s). By jointly representing multiple clients, the Firm can pool resources and leverage negotiating power, but there is risk that it may not optimize every client’s share. You understand these advantages and risks, consent to the Firm’s joint representation of You alongside other similarly situated clients, and waive any conflicts that arise from such representation.
Attorney’s Fees & Costs: We agree to represent You on a contingency basis. The Firm’s fee shall be forty percent (40%) of the total gross recovery obtained on Your behalf, unless an arbitrator or court awards a higher fee, in which case the higher amount will apply. If there is no recovery, You owe no fees or costs. We reserve the right to associate with any co-counsel to handle this matter, in which event the Firm’s fee will be split among all participating counsel without increasing your overall fee obligation. The Firm agrees to advance all case-related costs (e.g., court costs, expert fees, travel, etc.). If there is a recovery, these costs will be reimbursed from the settlement or award, with those costs deducted after our contingency fee is calculated.
Cooperation: You agree to fully assist and cooperate with us regarding your case. You agree to be truthful and to promptly, accurately, and completely provide us with all relevant facts, preserving all pertinent evidence, and being available for discussions, meetings, and any required court or arbitration proceedings.
Communications and Confidentiality: Email will be our primary means of communicating with you. It is your duty to keep your contact information up to date and promptly inform us of any changes to personal information. You may receive text messages from us or on our behalf in connection with providing our services to you. All communications and case-related information must be kept strictly confidential. This includes refraining from sharing any information on social media or public platforms.
Termination of the Representation: You have the right to end this Agreement at any time, provided you give the Firm written notice. Similarly, Firm reserves the right to terminate our representation for good cause, including but not limited to, your failure to comply with this Agreement, lack of cooperation, refusal to follow our substantive advice, if continuing to represent you would be unlawful, unethical, ineffective, if there is little or no likelihood of success on the claims’ merits, or for any other reason that is permissible under relevant ethical guidelines.
Entire Agreement: This Agreement constitutes the sole and entire agreement between Firm and You and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, it shall not affect any other term or provision of this Agreement or in any other jurisdiction.
Acknowledgment and Agreement: Client hereby acknowledges having read and fully understanding the terms of this Agreement and having had opportunity to seek independent legal advice before signing this document.
If You agree with the outlined terms, we kindly ask that you sign and return this document to indicate your agreement. We look forward to working with you and advocating on your behalf in this matter.