STATUTORY, CLASS ACTION AND/OR LODESTAR FEE AGREEMENT — SHULICK LAW
In accordance with our earlier discussions, DAVID T. SHULICK, ESQUIRE together with such other counsel with whom we may associate, hereby agrees to represent you as a proposed representative of a class of purchasers of [SEE PRODUCT OR SERVICE NAMED BELOW] in litigation seeking to recover damages sustained from alleged antitrust violations in the market for [SEE POTENTIAL CLAIMS, STATUTES OR LAWS BELOW]. We will perform these legal services with reasonable diligence and promptness.
With regard to this engagement, SHULICK LAW and you agree as follows:
1. DAVID T. SHULICK, ESQUIRE will represent you individually and/or as a proposed representative of a class of similarly situated purchasers of the product/service named below for the purpose of recovering damages for yourself and/or for the class if the matter is pursued on a class action basis. You are willing to serve as a class representative and are aware of no reason why you cannot serve as a class representative in this action. The decision to pursue the matter on an individual or class action basis is within the sole discretion of Counsel.
2. If Counsel determines this matter is only viable if its pursued as a class action and in the event the Court does not certify the proposed class of similarly situated purchasers of the product or service named below, DAVID T. SHULICK, ESQUIRE reserves the right to terminate their representation of you in this matter and is not obligated to represent you on your individual claim. If Counsel determines that this matter is pursued on an individual basis he reserves the right to terminate his representation if he determines, in his sole discretion, that the matter is not viable.
3. Counsel will be paid all legal fees on a contingent basis calculated at a rate between $550.00 per hour to $795.00 per hour depending on the complexity of the matter. $550.00 per hour will be the rate if the matter is pursued on an individual basis and $795.00 per hour will be the rate if this matter is pursued on a class action basis. Client will have no obligation to Counsel to pay these fees and they shall be paid solely from the Defendants in the case, and paid out of any settlement or verdict or Court award, based on any applicable Statute such as Title VII, the Pennsylvania Human Relations Act, the Pennsylvania Consumer Fraud Act, or otherwise, shifting the liability for payment of the fees.
4. DAVID T. SHULICK, ESQUIRE, together with any co-counsel with whom we may work, will litigate your legal claim consistent with our duty to fairly and adequately represent your individual interests and/or the proposed or certified class. DAVID T. SHULICK, ESQUIRE, together with any co-counsel with whom we may work, will make litigation decisions based on their professional judgment as to what best serves the interests of the proposed or certified class.
5. DAVID T. SHULICK, ESQUIRE will fully represent you either individually and/or as a class representative in this litigation and will take reasonable steps where possible to minimize any undue burdens. To that end, DAVID T. SHULICK, ESQUIRE will work with you to draft responses to any discovery requests directed to you, prepare you for any deposition, and otherwise keep you informed about the ongoing litigation.
6. DAVID T. SHULICK, ESQUIRE will represent you on a contingency fee basis. DAVID T. SHULICK, ESQUIRE, together with any co-counsel, will advance all the necessary expenses for the litigation of your claim or the class’s claims, including those expenses incurred performing the activities described here in. All attorneys’ fees and reimbursement of expenses for DAVID T. SHULICK, ESQUIRE’s services and advances in this matter will not be payable by you but, rather, will be paid solely by the defendants or from any monetary recovery. In the event the class does not prevail or the Court does not award DAVID T. SHULICK, ESQUIRE any attorneys’ fees or reimbursement of costs, DAVID T. SHULICK, ESQUIRE will not seek any attorneys’ fees or reimbursement of costs from you.
7. Your obligation in this matter will be limited to providing reasonable assistance to DAVID T. SHULICK, ESQUIRE (and such other counsel with whom we may associate) in responding to written discovery requests, producing documents, appearing for depositions and court appearances, fulfilling the responsibilities of a class representative and, if necessary, testifying at trial or other court proceedings. You will need to retain all documents (in paper or electronic form) related to your claim, which documents we will describe to you promptly.
8. In the event a monetary settlement or trial verdict against the defendants is obtained regarding your claims or the class’s claims, DAVID T. SHULICK, ESQUIRE will, if required by the Statute, petition the Court for attorneys’ fees payable from the monetary recovery, not to exceed 40% of the monetary recovery calculated prior to the reimbursement of litigation expenses. If pursued as a class action, the Court may award attorneys’ fees to all plaintiffs’ counsel collectively, and DAVID T. SHULICK, ESQUIRE in that situation will share the fee award with other law firms. All attorneys’ fees and reimbursement of expenses payable to DAVID T. SHULICK, ESQUIRE for work performed pursuant to this agreement will be paid in accordance with the ethical and legal requirements of the applicable jurisdiction in which your claim is pursued.
9. Additional: This Agreement was made in Pennsylvania. This Agreement constitutes the entire understanding as to billings, charges, costs, fees and invoicing by my Attorney. Any modifications to this Agreement must be in writing signed by my Attorney. I further understand that any disputes regarding my Attorney’s representation, the legal services performed, or any other claim I may have against my Attorney shall be solely and exclusively arbitrated in the American Arbitration Association with a three arbitrator panel. I have had ample opportunity to review this Agreement with any Attorney I choose before agreeing to the same. I understand that my Attorney is relying on this Agreement. I understand that this arbitration provision does not apply to any action by my Attorney against me/us for legal fees and costs due hereunder.
If these terms meet with your approval, please sign at the space provided below, and retain an original document for your records.
//s// David T. Shulick, Esquire
STATUTES/LAWS AFFECTED:
CLAIMANTS:
PRODUCT OR SERVICE:
The above engagement letter, including all the contents thereof, is hereby accepted as written and the entirety and has been read, understood and the signature of the party intends to be legally bound.
SIGNATURE:
