This Attorney-Client Agreement (“Agreement”) outlines the nature of our engagement, along with our mutual responsibilities and expectations. Please review carefully and contact us with any questions.
Scope of the Engagement: This Agreement is between Milberg LLC (“Milberg”) and Tycko & Zavareei LLP (“TZ”) (collectively, the “Firm,” “We,” “Us”) and you (“Client” or “You”) for legal representation in connection with your potential claims against Exeter Finance, its affiliates, assigns, servicers, agents, and/or any other responsible parties (collectively, “Respondent”).
Your claims arise from Exeter’s unfair, unlawful, and deceptive practices in charging payment processing, convenience, or similar fees in connection with your Retail Installment Sales Contract (“RISC”), including potential violations of state consumer protection statutes, the Truth in Lending Act (“TILA”), the Fair Debt Collection Practices Act (“FDCPA”), and applicable state usury laws.
This representation covers investigation and, if appropriate, pursuit of the claims described above. It does not include unrelated claims, appeals, or other legal matters unless agreed in writing. After this engagement concludes, Firm will have no further obligation to provide legal services unless separately agreed.
You expressly authorize Firm to discuss your account and obtain account records from Exeter. You represent that you have not signed an agreement with any other attorney to pursue claims against Respondent.
Arbitration and Consolidation: Arbitration is a streamlined dispute-resolution process in which claims are resolved by a neutral arbitrator rather than a judge or jury. Discovery is typically limited, and judicial review is restricted. We anticipate arbitration pursuant to the arbitration provision contained in your RISC; however, this Agreement remains effective whether the claims are brought in arbitration, litigated in court, or resolved pre-filing.
Express Settlement Authority: You authorize us to negotiate settlements on your behalf, including as part of a coordinated or group resolution with similarly situated claimants. The ultimate decision whether to accept a settlement remains yours. If we recommend acceptance of a settlement that we believe is fair and reasonable and you decline, we may withdraw as counsel upon reasonable notice, consistent with applicable ethical rules.
Attorney’s Fees & Costs: You owe no fees unless there is a recovery. Our representation is on a contingency basis. If your claim results in a settlement or award, our fee will be 40% of the total gross recovery, unless a court or arbitrator awards a higher fee, in which case the higher amount will apply. The 40% contingency fee will be split 50% to Milberg and 50% to Tycko & Zavareei LLP. After deduction of fees, expenses will be deducted from the gross recovery. Expenses may include arbitration filing fees, expert fees, vendor charges, travel, copying, administrative costs, and group-advanced costs allocated proportionally. If there is no recovery, you owe no fees or costs. You grant Firm the right to receive settlement funds, deduct fees and costs, and remit the remainder to you. If we cannot locate you within 90 days of receipt of funds, we may hold funds in escrow or deposit them with a court. If you do not elect a disbursement method, you authorize electronic disbursement to the email address on file. We may associate with co-counsel, and any fee-sharing will not increase your total fee obligation.
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. The representations by Client in the Certification below are material terms of this Agreement.
Consent to Joint Representation and Collective Proceedings: You understand and acknowledge that the Firm represents other clients with similar claims against the same Respondent(s). By jointly representing multiple clients, the Firm can pool resources and potentially offer a more effective overall strategy; however, this approach may not maximize your individual share of any recovery. Firm will not favor one client’s interest over another. Client further understands that some settlements may be conditioned upon a certain percentage of participants agreeing to resolve their claims through settlement. You understand and acknowledge these benefits and risks, consent to the Firm’s joint representation of you alongside other similarly situated clients and waive any conflicts that might arise from such representation. Accordingly, you authorize the Firm to pursue your case in individual, multi-party, collective, representative, or mass arbitration or court proceedings, and to negotiate classwide, collective, mass, coordinated, or representative settlements of claims.
Communications and Confidentiality: You have certain responsibilities as a client, including the responsibility to keep us updated as to your contact information, to promptly respond to our communications, and provide information and documents we need for your claim electronically. 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 timely 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 professional or ethical guidelines.
Arbitration between You and Us: The relationship between You and Us will be governed by New York law, without regard to its conflict of law rules. Any disputes between You and Us will be decided in arbitration by the JAMS, under its Streamlined Rules, which can be found here: https://www.jamsadr.com/rules-streamlined-arbitration/, in your county of residence or in New York County, unless the dispute is subject to arbitration under the Part 137 Fee Dispute Resolution program. More information about that program is available here: https://ww2.nycourts.gov/rules/chiefadmin/137.shtml.
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.