This is an agreement (the “Agreement”) between you and Milberg Coleman Bryson Phillips Grossman LLC (“MCBPG”) for legal representation for you or your minor child’s claims against MySchoolBucks (“MSB”) for its violations of the North Carolina Unfair and Deceptive Trade Practices Act, North Carolina General Statute Chapter 75, Breach of Contract, North Carolina General Statute 66, and Unjust Enrichment If applicable, you are representing that you have authority and legal capacity to pursue this claim on behalf of you or your minor child.
You understand and authorize MCBPG to proceed with filing your claim as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. However, this agreement also authorizes MCBPG to settle and release your claim as a part of a class action if MSB chooses to do so. MCBPG intends to secure the maximum recovery for your or your minor child’s claims.
Our firm will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or a total attorneys’ fees awarded by the arbitrator or court. We reserve the right to associate any co-counsel, but our fee will be split among our firm and any firm(s) we associate.
We will advance all costs incurred by our firm during this litigation (e.g., filings fees, travel, etc.). We will be reimbursed for these costs if, and only if, we ultimately obtain a recovery. Advanced costs are deducted after the calculation of the contingent fee. You understand and consent to MCBPG representing other individuals who may have the same or similar claims against MSB.
You authorize MCBPG to withdraw from our representation if we determine for sufficient reasons that the case should not continue. Regardless, we will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.
Finally, we do not make any promises or guarantees regarding the outcome of your claims. If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files.