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; Ahdoot & Wolfson, PC; and Girard Sharp LLP (collectively, the “Firms,” “We,” or “Us”) and you (“Client” or “You”) for legal representation regarding your (or your minor child’s) potential claims against Google (“Respondent”) for alleged violations of federal and state antitrust 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, Firms will have no further obligation to advise or provide any legal services on your behalf, unless agreed in writing. You expressly authorize Firms 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, and the arbitrator's decision is subject to limited court review. 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.
Client’s Cooperation and Participation: Client agrees to always tell the truth, and to cooperate fully with the Firms by:
• Promptly supplying all information the Firms reasonably request, including responding to the Firms’ emails and text messages, uploading documents, filling out questionnaires and surveys, and signing and returning documents;
• Preserve (do not delete or destroy) all paper and electronic documents and data relating to your Google Ads account(s);
• Updating the Firms on matters relating to Client’s claim;
• Updating the Firms with changes in Client’s contact information;
• Appearing at legal proceedings (including telephonic appearance) if the Firms advise that such appearance is necessary;
• Keeping all information relating to Client’s claim, including but not limited to ad-spend receipts; and
• Generally cooperating fully with the Firms in all matters related to this Agreement.
Client’s Representations: Client represents that the facts Client has given and will give to the Firms are true and accurate. Client agrees that the Firms can rely on those facts in submitting arbitration claims and the Firms may stop representing the Client if the Client misleads the Firms in any meaningful way.
Express Settlement Authority: You expressly authorize the Firms to pursue all available legal and equitable remedies on your behalf. While the Firms will endeavor to obtain the maximum recovery for your (or your minor child’s) claims, You authorize the Firms to settle your claims with Respondent for, at minimum, a $100 value, whether individually or as part of a larger class-wide (or other collective or multi-party) settlement. You understand that legal outcomes can be unpredictable, and we do not make any promises or guarantees regarding the outcome of your case.
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 Firms’ fee will be split among all participating counsel without increasing your overall fee obligation. The Firms agree 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.
The Firms’ expenses may include “Common Benefit Charges.” Common Benefit Charges are expenses incurred by the Firms for the benefit of a group of clients. These charges are shared among the group whether Client retained the Firms early or late in the litigation and whether the charges were incurred before or after Client retained the Firms. Common Benefit Charges are determined when a client receives his or her recovery and are calculated by dividing the outstanding (not previously recovered) Common Benefit Charges by the number of clients the Firms represent at the time of calculation for distribution. Allocations shall be determined in the Firms’ reasonably exercised discretion.
The fees and expenses described in this paragraph are not set by law but are negotiable between the Firms and Client.
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. You understand 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, class, representative, or mass arbitration or court proceedings, and to negotiate classwide, collective, mass, coordinated, class, or representative settlements of claims.
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.
If Client does not communicate with the Firms as required under this Agreement, Client may suffer prejudice, including losing the chance to settle, losing Client’s case, and being ordered to pay Defendants’ arbitration costs.
Termination of the Representation: You have the right to end this Agreement at any time, provided you give the Firms timely written notice. Similarly, Firms reserve 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 Firms 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 the 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.