Mid Atlantic FA Law suit

exMAfa

Newbie
Jul 2, 2006
4
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Haveing not heard anything from the FA law suit comittee, my friend posted a message in the chat room on yahoo asking for the update they promised months ago (other than saying that it was at a stand still.) Sevral days have gone by and still no word, so I decided to do my own investigating. The first thing that we aren't being told is that it is definitely not at a stand still. That is a lie the law suit comittee is telling participants.

There seems to be a lot that our wonderful leader isn't telling the participants. First and formost, 130 plus members that are on the laws uit is pure bunk. After the law suit was filed, sevral people contacted the comittee saying that they did not want any part of this. People were listed on the law suit if they gave money, even less then the original $100 buy in amount (that they gave before being told that there are payments that have to be made every month.) Some people gave only 50$ but were still included even if they did not sign the retainer agreement that the leader spent months insisting that people send in. I don't know how many retainer agreements they actually recieved, but it seems to be much less then 130.

So when people found out they are a plaintif and don't want to be (remember we were told that if we don't sign and return the retainer agreement then we are out - so they thought they would not be on the law suit) some of them called the leader to ask why they are on it. When she didn't return their phone calls, some of them called the attorney or emailed him. He told them it was going to cost them personally 400$ to be taken off the law suit. Some were mad because they went to America West and didn't want to be associated with this and some were mad because they were going to other airlines and now their name is on a public document saying they are suing US Airways. And he has the gaul to tell them that it is costing them hundreds of $$$'s to be taken off a law suit that they never asked to be on.

Then when some of these people got no action from the attorney, they wrote letters to the judge. The judge called the attorney in to court and wanted to know why people are in the law suit when they didn't want to be. The judge made the attorney write letters to every person he doesn't have a signed retainer agreement for telling them that if they want in, he has to have the signed retainer agreement back within 20 days. That is a court order telling him that he has to clean up this mess. This happened in the beginning of May.

That doesn't sound like a stand still to me! It sounds like we have a big frigging mess. How did that happen? I want to know. But when people post on the yahoo chat room there is no answer from our leader or from the committee.

And this whole time people are making payments thinking that things are going good. How much is the attorney charging the people to clean up his mess and the leaders mess? He charges 400$ an hour. Do the participants have to pay for that? How many thousands of $$$'s is that costing the group?

And one more thing. I was told that the pilots didn't have to sign a retainer agreement, only the FA's?

Are the payments going to go up for each partcipant if there are a lot less than 130 people who are in? Again, an answer we don't have.
 
exMA,

I don't know where you have been, but when this entire mess started with lawsuits and retaining lawyers along with these separate so called retainer contracts, the MAA AFA President had told f/as not to get involved in this and basically it was a bogus lawsuit.

But many of the MAA f/as were convinced by who, I don't know, that they had some kind of a case against USAirways and AFA.

I believe on this very board it was brought up and discussed ad nauseum that the NY lawyer who was representing the MAA f/as only wanted YOUR MONEY. But, yet, there were MAA f/as on this very board that argued this saying a retainer monthly fee was not asked or required...

Now you can see what a mess it is for probably over 50 f/as that got other jobs and now are not interested in this so called "litigation".

Folks need to READ, INVESTIGATE BEFORE SIGNING ANY DOCUMENT WITH A RETAINED LAWYER.

Now what? All this judge is saying is that folks who didn't sign a retainer are not required to pay some fee to get out of it. What about those that, without any real thought, did?

BTW, I read the lawyers brief, and who ever gave him the history must have given their personal version, and one that was not any way part of the negotiations or part of the "start-up". It was completely flawed. The lawyer would never have been able to prove his case. Just like the DUKE Lawsuit, the MAA suit had absolutely NO merit.
 
exMAfa,

Who is this "they" / "them" you keep referring to?

Are you part of the lawsuit or not?

If you are part of the class, contact the lawyers directly.

If you aren't, well, it's really none of your business what is going on.

Expecting answers in a yahoo chat room isn't going to get you anywhere.

(BTW -- in response to the question posed in your thread title -- "Is it doomed" -- answer: Yes.)
 
Bear,

If you reread the post, exMA is part of the lawsuit. That is why he/she is seeking for some information or status report. they are not getting it from this so called "leader" of the committee.

From my perspective, as soon as I read that the participants were seeking damages in the tune of over $1 billion (which many in a medical malpractice suit don't even ask for), along with a monthly fee of $100 from each participant, I knew this entire mess was a "scam" from a group of lawyers (who set the amount of damages sought) that could lure some vulnerable f/as, and take advantage of those f/as who were convinced by someone that they had a case against the co. and AFA.
 
Bear,

If you reread the post, exMA is part of the lawsuit. That is why he/she is seeking for some information or status report. they are not getting it from this so called "leader" of the committee.

From my perspective, as soon as I read that the participants were seeking damages in the tune of over $1 billion (which many in a medical malpractice suit don't even ask for), along with a monthly fee of $100 from each participant, I knew this entire mess was a "scam" from a group of lawyers (who set the amount of damages sought) that could lure some vulnerable f/as, and take advantage of those f/as who were convinced by someone that they had a case against the co. and AFA.




Well, from what i can tell - and i may be wrong; although i really don't believe i am. It seems as if to start off the suit was fine until certain individuals or should i say individual got involved, unfortunately the leader of the pack, has opened a "hole" of her own that now the attorney cannot "fill" or maybe he can i am not sure - but it seems that she is triple dipping in several things, it seems as if she was "hungry" for love and "money" therefore the suit will probably go nowhere due to her lies and inconsistency which will also cause problems for the "triple dip" later on down the road with her and her flying partners when this all comes down....If the "leader" and the "attorney" are found to have wrongfully taken money from the work group then we have a whole new ball game. However the judge is aware of what is going on, personal and "business"... It was very clear that the attorney wanted nothing but a piece AARRSSEEE, from the f/a group and didn't take it seriously.... Evidently from what i am hearing when the first rep didn't put out he recruited the current one that did. I do keep in touch with the "leader" regularly, but of course nothing new... NEXT TOPIC - As for the AFA and Company - you have the same thing - money hungry bizznnaattchhes at the top, The top council at the AFA needs to go and when re-elects come around i would advise all to vote for a new INTL. PRES. for the sake of better contracts and not so sticky fingers with all employees in mind not just the top 10% of the seniority list... There is a great guy i believe will run for INTL PRES and for things like this not to happen in the future, and eliminate probs, we need new peeps, same peeps, same shiaaatttt, different day..... Its no ones fault but our own... Lets change things - most of these hags are so old they can't think straight anyway folks, if you keep things the same you will get the same results. We need to start to organize throughout all AFA carriers to oust the current chairs and vote new ones in.... Several topics covered here so i hope my 2 "cents" or should i say 300 hundred dollars helped.... I am sure I will be seeing some of the ex M/A employees in PHL as much as I have been working!!!
 
I am beginning to think this whole thing is bull shnick too. You would think that the lawyer or someone would contact the f/a's involved and tell us what the heck is going on. :ph34r: But, I guess we all will sit and wait with blinders on...I know several people who stopped sending money. It is not 100 a month..I dont know who said that but, basically it is $45 a month OR send whatever you can. Well, I can send no more..cause I need in writing an official letter from the lawyer stating what he is up to.Sorry..but I am too broke to keep funding someone elses pocket.
 
I am beginning to think this whole thing is bull shnick too. You would think that the lawyer or someone would contact the f/a's involved and tell us what the heck is going on. :ph34r: But, I guess we all will sit and wait with blinders on...I know several people who stopped sending money. It is not 100 a month..I dont know who said that but, basically it is $45 a month OR send whatever you can. Well, I can send no more..cause I need in writing an official letter from the lawyer stating what he is up to.Sorry..but I am too broke to keep funding someone elses pocket.


What is up is the ticking clock. The attorney has not served US Airways or the AFA.
 
Well, from what i can tell - and i may be wrong; although i really don't believe i am. It seems as if to start off the suit was fine until certain individuals or should i say individual got involved, unfortunately the leader of the pack, has opened a "hole" of her own that now the attorney cannot "fill" or maybe he can i am not sure - but it seems that she is triple dipping in several things, it seems as if she was "hungry" for love and "money" therefore the suit will probably go nowhere due to her lies and inconsistency which will also cause problems for the "triple dip" later on down the road with her and her flying partners when this all comes down....If the "leader" and the "attorney" are found to have wrongfully taken money from the work group then we have a whole new ball game. However the judge is aware of what is going on, personal and "business"... It was very clear that the attorney wanted nothing but a piece AARRSSEEE, from the f/a group and didn't take it seriously.... Evidently from what i am hearing when the first rep didn't put out he recruited the current one that did. I do keep in touch with the "leader" regularly, but of course nothing new... NEXT TOPIC - As for the AFA and Company - you have the same thing - money hungry bizznnaattchhes at the top, The top council at the AFA needs to go and when re-elects come around i would advise all to vote for a new INTL. PRES. for the sake of better contracts and not so sticky fingers with all employees in mind not just the top 10% of the seniority list... There is a great guy i believe will run for INTL PRES and for things like this not to happen in the future, and eliminate probs, we need new peeps, same peeps, same shiaaatttt, different day..... Its no ones fault but our own... Lets change things - most of these hags are so old they can't think straight anyway folks, if you keep things the same you will get the same results. We need to start to organize throughout all AFA carriers to oust the current chairs and vote new ones in.... Several topics covered here so i hope my 2 "cents" or should i say 300 hundred dollars helped.... I am sure I will be seeing some of the ex M/A employees in PHL as much as I have been working!!!

I've heard the same kinds of things, rumors or whatever, I don't know. But there are a lot of them flying around and have been for quite some time. If they are ture it doesn't say much about the attorneys profesionalism, now does it? I have heard sevral incidents of the "leader" cornering line F/As in galleys on A/C and in crew rooms and on jetways when they were working insisting that they join the law suit. I have heard that she has taken expensive gifts from the attorney. I heard that she was driving his car in bad weather after she was drinking and blew his tires, and I have heard that's not all she blew.

Even if none of these are true it's still a problem for the F/As just the rumors being out there. But I also heard the same thing you said about the original F/A who got this thing going before our current leader and that the attorney tried to make it with her. She personaly told me that.

What I want are real answers to the serious questions. How many people are in? How many stopped making payments? How many are current on their payments? Are the F/As being charged the hourly fees for the work the attorney had to do to clean up his mess and the leader's mess? How much of that "war chest" they were talking about is still there? We don't seem to be getting answers on the status, or even told that the whole insident of him being called in to court by the judge, just that the case is at a stand still. We were not told that the company and AFA haven't even been formaly served with the law suit even thogh it was started back in February.

I agree with xoxo, that a lot of people have stopped making payments. No more lies from the so called committee. Let's hear what's going on.
 
You will not get any answers to your questions. You will get harrassing phone calls, hateful emails and profane PMs from the committee, the attorney and Capt. Port-a-potty.

Many of us who asked to be removed in back in February are still waiting for the attorney to ammend the case. We had to go to the Judge and get a court order to be removed. The attorney was ordered to get a retainer from every listed plaintiff, then ammend the complaint to include only the FAs who had signed a retainer. Two months have passed since the order was issued and we are still listed on the complaint.
 
Well, from what i can tell - and i may be wrong; although i really don't believe i am. It seems as if to start off the suit was fine until certain individuals or should i say individual got involved, unfortunately the leader of the pack, has opened a "hole" of her own that now the attorney cannot "fill" or maybe he can i am not sure - but it seems that she is triple dipping in several things, it seems as if she was "hungry" for love and "money" therefore the suit will probably go nowhere due to her lies and inconsistency which will also cause problems for the "triple dip" later on down the road with her and her flying partners when this all comes down....If the "leader" and the "attorney" are found to have wrongfully taken money from the work group then we have a whole new ball game. However the judge is aware of what is going on, personal and "business"... It was very clear that the attorney wanted nothing but a piece AARRSSEEE, from the f/a group and didn't take it seriously.... Evidently from what i am hearing when the first rep didn't put out he recruited the current one that did. I do keep in touch with the "leader" regularly, but of course nothing new... NEXT TOPIC - As for the AFA and Company - you have the same thing - money hungry bizznnaattchhes at the top, The top council at the AFA needs to go and when re-elects come around i would advise all to vote for a new INTL. PRES. for the sake of better contracts and not so sticky fingers with all employees in mind not just the top 10% of the seniority list... There is a great guy i believe will run for INTL PRES and for things like this not to happen in the future, and eliminate probs, we need new peeps, same peeps, same shiaaatttt, different day..... Its no ones fault but our own... Lets change things - most of these hags are so old they can't think straight anyway folks, if you keep things the same you will get the same results. We need to start to organize throughout all AFA carriers to oust the current chairs and vote new ones in.... Several topics covered here so i hope my 2 "cents" or should i say 300 hundred dollars helped.... I am sure I will be seeing some of the ex M/A employees in PHL as much as I have been working!!!

I agree with you on one point only...there needs to be a new International President. Not for the reasons you cite. Your discrimination against senior folks will be your demise in this business. Because whether you like the idea or not...age has a way of creeping up on EVERYONE, sweetie. and so does SENIORITY. With your attitude, you will be one of the "has beens" you claim to hate.


But if you think that the LECP from DCA, who is running for International VP will win..think again. He's an idiot from jump street, has a horrible temper and difficult to get along with from one day to the next. And he doesnt' have the intelligence or a strategic mind to make the organization grow. One thing about Pat, she has both intelligence and strategy...she just got too political.

If you were involved with this bogus lawsuit, you are just as ignorant. THERE WAS NO MERIT. And your delusions of grandeur has you out some BUCKS.

Again, you guys got "had", and it was easy for this lawyer to take advantage of your group. I read these posts and some of you still believe your reasons to litigate has merit.
That's what you all need to focus on...DOES IT HAVE ANY MERIT. You already know that you have been taken advantage of by this "committee leader" and the NY lawyers.
 
I agree with you on one point only...there needs to be a new International President. Not for the reasons you cite. Your discrimination against senior folks will be your demise in this business. Because whether you like the idea or not...age has a way of creeping up on EVERYONE, sweetie. and so does SENIORITY. With your attitude, you will be one of the "has beens" you claim to hate.
But if you think that the LECP from DCA, who is running for International VP will win..think again. He's an idiot from jump street, has a horrible temper and difficult to get along with from one day to the next. And he doesnt' have the intelligence or a strategic mind to make the organization grow. One thing about Pat, she has both intelligence and strategy...she just got too political.

If you were involved with this bogus lawsuit, you are just as ignorant. THERE WAS NO MERIT. And your delusions of grandeur has you out some BUCKS.

Again, you guys got "had", and it was easy for this lawyer to take advantage of your group. I read these posts and some of you still believe your reasons to litigate has merit.
That's what you all need to focus on...DOES IT HAVE ANY MERIT. You already know that you have been taken advantage of by this "committee leader" and the NY lawyers.

Times have changed, and of course everyone gets old and dies - except at this company, they just keep going and going..... my point of seniority is you need someone that has a vested interest in all levels of the work group.. And no i wasn't talking about ANYONE at this carrier runinng, actually it is someone from the west coast, we dont need the dca crazies in office any longer.. I am so glad that you mentioned PAT - She has not shown her smarts (if she has any left) in years.. She is the one to start on the chopping block, the first head that needs to roll... She tried to screw the east coast flight attendants in the seniority issue of the merger - remember when she just wanted us to give them a 5 year fence, and why? The C&B are very clear and there is no need for one... She is not well liked and in my opinion is a waste of my 39.00 dollars... I would rather pay three hundred dollares to something i MAY get something from than 300.00 i KNOW i will get nothing from. Heck they are the reason i am paying it anyway, because of their money hungry hands.... The only song and dance that needs to go on at that building when they exit the door is " I PUT MY HAND UP ON MY HIP, WHEN I DIP YOU DIP WE DIP" I just wish Pat would and could go on the line for one day over at her "old" Ual - she wouldn't make it back from her trip alive.
 
I agree. Its time for Pat to leave. But, I know she is running again, and to my understanding, the only one running for the International President.

I know that the DCA LEC Pres at U is running for International Vice, and he is a pathetic soul.

Voting for Mickey mouse would be better than voting for these two. At least you are not quite sure what Mickey Mouse will do...with them, unfortunately, you do...nothing to elevate the entire f/a profession.
 
...The attorney in question take it on a contingent basis?...

Have the plaintif's interogatories and the like done?

Something was wrong with this case from the beginning. The pilots suit was either thrown out or settled was it not? Also my understanding was that the pilots counsel was handling the F/A case as well?

I personally was approached about helping fund the lawsuit and asked to take it to FFOCUS as well. We declined to participate for many reasons one being our feeling that the liklihood of success was slim to none based on our due diligence. Plus, while we openly support the employees, it is certainly not the place for a consumer activist group to go if it wants an onging dialogue with management.

IMO the suit will fall apart because,

It appears to lack merit.

The attorney appears to be sloppy and ill prepared to do battle with a multi billion dollar organization.

It also appears that some "Strong Arm" tactics were used to get plaintif's for a class action.

Seemed to me what I call a "PR Lawsuit" in that there is a press release announcing filing of a suit seeking some outlandish dollar figure in hopes of wringing a few bucks out of the company at the settlement table wherein the Lawyer takes hi 1/3 to 40% and lives happily ever after while the actual plaintifs barely cover their legal bills.

Has anybody checked this attorney out with the state bar association? For compliants filed against him by his clients. Has he ever been reprimanded? Before you put your name to something you need to know these things because now you're on the hook financially for his expenses to date.

Piney,

The flight attendants selected their attorney because he was the pilots' attorney and the pilot group leader held him out to be an aviation industry labor specialist who has "never lost a case." This has neither been confirmed nor discounted by me, but I can find no evidence that he has accomplished any significant victory for aviation workers anywhere in the country. But, as they say, hindsight is 20-20. We were told that he would be able to use a lot of his research and materials that he used in filing the pilots' complaint. Basically, we were told that we would benefit from what the fees that they pilots had already paid.

This is not a class action case and he never presented it to the Court as such, nor is it a contingency case. He charges the group $400 per hour plus demands 10% of any settlement.

Almost five months after filing the lawsuit, the defendants have not even been served papers. My understanding is that discovery happens once all of the defendants have answered the lawsuit. They obviously cannot do that when they have not even officially received the papers.

I have not heard that the pilots case has ended.

Who approached you to help with funding the case? I certainly hope it wasn't the steering committee? That they (or the chair of the sterring committee) would ask our customers to involve themselves in an internal struggle would be nothing short of outrageous.
 
Below, is a copy that I received by a f/a. Again, I would never sign such a document. There is no merit to this case and those that have provided any information to this lawyer is inaccurate information. As I read the brief...I hightlighted some of the retaining fees in black because they make me laugh.... :lol:
New York, New York 10007
October 9, 2005
___________
Dear MidAtlantic Flight Attendant:
You have asked me to represent you with regard to a prospective
litigation to be commenced in U.S. District Court [the “Lawsuitâ€]. The Lawsuit
will likely be brought in either the Southern District of New York or the
Eastern District of New York; the defendants may be your union, your employer,
and perhaps other entities. You wish to commence such litigation, and I have
agreed to provide such representation, subject to the terms and conditions set
forth herein. Please review this letter. Only if it accurately reflects our
agreement, initial the bottom left of each page and countersign the last page.
Flight Attendant Committee
The potential for many plaintiffs requires that a coordinating entity or
steering committee [the “Committeeâ€] be formed to coordinate essential
functions necessary to administration of the Lawsuit, including communication
between counsel and clients. The Committee shall consist initially of up to
seven clients whom I shall designate, and may be augmented from time to time,
by use of a method designed to assure appropriate representation. The
Committee will be responsible for coordinating communications with the clients
and for day-to-day decision-making, including provision of funds to pay
litigation-related expenses. The Committee will, in concert with counsel, make
decisions concerning the direction and disposition of any negotiations or
lawsuit, including possible settlement negotiations.
Consent of clients will be required before the Lawsuit can be withdrawn
or a settlement agreement effectuated. If such a decision is required, all
plaintiffs will be polled, in writing, via e-mail, or other appropriate means.
I will look to the Committee to communicate with the other clients and to
disseminate necessary information. Communication will best be accommodated by
e-mail. Please provide the Committee with an e-mail address and check e-mail
at least twice weekly. It is understood that I may rely upon information given
to me by the Committee as to the attitudes of the rest of the client group.
Financial Obligations
My fee shall accrue at an hourly rate of $400, plus fifteen (15%) percent
of the gross amount of any monetary award recovered, whether by judgment,
award, settlement, or otherwise. My hourly rate may increase, but never more
than 10% annually. The hourly rate will be cumulative, not per client, and
accrues in quarter hourly increments. You shall deposit with me the sum of
Twenty-Five Thousand ($25,000.00) Dollars as an initial retainer [the “Required
Retainer Feeâ€], against which the hourly rate set forth above shall be applied.
Given potential time constraints, you understand the importance of promptly
achieving this goal. I acknowledge receipt of the sum of $10,800.00. Having
received such sum, I shall commence work on this matter in order that we may
promptly begin preparing for a Lawsuit. But it is expressly understood that I
shall not be obligated to (and, in fact, will not) commence the Lawsuit unless
and until at least seventy (70%) percent of the Required Retainer Fee has been
received by me, subject to collection. My agreement to commence the Lawsuit
upon receipt of 70% of the Required Retainer Fee is an effort to work with you
on this matter. If I determine at any time, in my sole discretion, that it is Letter Retainer Agreement
October 9, 2005
Page 2
unlikely that the flight attendant group will meet this goal, I may cease work
on this matter, provide appropriate notification thereof to the Committee, and
return to the Committee or a representative thereof, in a single check, any
unearned portion of the sum paid to me. In that regard, it is understood that
my fee will accrue as to any work that I perform on this matter. It is also
understood that I may decline to represent any individual who has not
initialed, signed, and returned a copy of this letter agreement.
I will, more or less regularly, and, in any event, upon request, provide
the Committee with a log of time expended and disbursements made. The
Committee will provide this type of information to the client group.
Clients will be asked to provide funds to me, the Committee, or an entity
acting on behalf of the Committee, from time to time, to cover costs and fees.
I may, but need not, segregate monies earned at the time of the billing from
other monies and, for convenience, may integrate such funds and treat all funds
received as monies earned, subject to subsequent adjustment if at the end of
the representation sums collected exceed sums earned. Clients will be
responsible for all reasonable or necessary disbursements, even those they have
not approved in advance and even if one or more clients disagree with a
particular expenditure. Disbursements may include, but not be limited to,
deposition transcripts, court filing fees, copying of large numbers of
documents, long-distance phone calls, access to any legal database, travel and
lodging expenses, preparation of trial exhibits, and expert witnesses.
Disbursements shall include any sums expended with regard to the flight
attendant group even prior to the date hereof.
I have expressed some reservation as to whether the flight attendant
group is capable of appropriately financing the Lawsuit, but have been assured
by Committee members of the commitment to, and wherewithal of, the group to
adequately do so. You fully understand that I anticipate that minimum
financing requirements shall be as follows:
75 plaintiffs: $60/month 100 plaintiffs: $45/month 150 plaintiffs: $30/month
225 plaintiffs: $20/month 175 plaintiffs: $25/month 200 plaintiffs: $22/month
Such sums may allow for an appropriate “war chest†to be built, so that,
given the difference between “heavy†months and “light†months, there should
be, on balance, sufficient funds. Each client shall pay appropriate fees and
disbursements. Failing to pay same over a period of time, and if payment is
more than 60 days past due, will result in notification to such person and, if
such person does not bring her/his account current within 30 days thereafter,

or enter into an arrangement within that time to do so within a reasonable time
thereafter, such client shall have breached his/her obligations hereunder and
may be removed from the lawsuit, by motion or otherwise.
Conflict of Interest
Inasmuch as there may be many persons who are represented herein, a
conflict of interest may develop, particularly if clients disagree as to
litigation goals or strategy. If I perceive a conflict, I will notify
plaintiffs and may advise any number of plaintiffs to seek substitute counsel,
and thereafter, by motion or otherwise, withdraw as counsel for those
plaintiffs. I shall be free to choose, in my sole discretion, which plaintiffs
should seek other counsel.
Letter Retainer Agreement
October 9, 2005
Page 3
Those plaintiffs as to whom I withdraw will be liable for payment of the
hourly fee until I cease representation of them, and shall, if there is
ultimately a monetary recovery, be liable for such percentage of the
contingency fee as a court may determine. Plaintiffs agree that in such event,
my portion of the contingency fee for sums recovered by plaintiffs as to whom I
withdraw as counsel shall in no event be less than seven (7%) percent,
regardless of their arrangements with successor counsel.

Settlement Negotiations and Alternate Means of Resolution
Though impossible to predict, it is possible that the underlying issues and any
lawsuit itself can be resolved through negotiation. Such discussions could
occur before, during, or after trial, and, in fact, even before the
commencement of any litigation, and may be prompted by external events, such as
industry events or political developments within the union and/or the Company.
If there is a proposed settlement or waiver of substantive rights, you will
have an opportunity to determine that you do not wish to participate in such
resolution or waiver and to communicate that determination.
Distribution of Monetary Awards
If there is an ultimate cumulative monetary award, such sum shall be
divided among plaintiffs in such manner as plaintiffs may agree. The
contingency fee referred to above shall be taken from gross proceeds prior to
deductions for expenses or disbursements, and will not be reduced by sums paid
as hourly fees. The contingency fee shall be due, owing, and payable to me if
there is a monetary recovery, regardless of whether I am representing the
clients herein at the time of such recovery (except that if I voluntarily
withdraw as counsel, such contingency fee would be adjusted by the Court).
Until approval by all plaintiffs of a method of division of any recovery,
the funds may be, but shall not be required to be, maintained by me in an
escrow account or, at my discretion, paid into court for later disposition. In
the event that I, in my discretion, determine that approval by all clients of
division of proceeds of a recovery is not reasonably possible, the matter may
be submitted for binding arbitration to one or more arbitrators in accordance
with the commercial arbitration rules of the American Arbitration Association,
and you hereby agree to such submission, to abide by such disposition, and that
costs thereof shall be paid from the recovery proceeds as a disbursement.
Additional or Other Counsel
In the event of trial, or if trial appears likely to me, I may, for
purposes of trial and preparation therefore, associate with additional counsel,
whose fee also shall be borne by plaintiffs herein. In such event, efforts
will be made to minimize duplicative billing and services, but substantial
overlap will occur.
If at least one, but fewer than all, plaintiffs choose to substitute
other counsel, I will not be obligated to provide such other counsel with
documents related to the representation unless and until payment is made for
copying documents and other expenses associated therewith.
Letter Retainer Agreement
October 9, 2005
Page 4
Confidentiality
As a plaintiff, you will have access to, privileged or confidential
information. Communications from counsel, or from the Flight Attendant
Steering Committee, or any entity charged with acting on behalf of the
plaintiff group, shall be deemed confidential communications. Communications
between you and any person other than counsel, another person acting on my
behalf, or another plaintiff or person acting on behalf of plaintiffs, will not
be privileged. Therefore, please do not communicate concerning this
representation with any such person. This includes, but is not limited to,
verbal discussions, e-mail, and comments posted on internet forums. If you are
unsure whether a fellow flight attendant is also a plaintiff, you may determine
that person’s status only by determining whether that person is listed on
caption (or amended caption of the Lawsuit or by checking with a Committee
member.
Removal or Withdrawal as Plaintiff
If at any time you wish to withdraw from this agreement after becoming a
Plaintiff, you may do so upon executing appropriate documents. You will
nonetheless be responsible for payment of financial obligations stemming from
the Lawsuit up until the day you request to withdraw as a plaintiff.
Any material violation of the terms set forth in this agreement or the
failure to make required payments will constitute a breach of this agreement,
and, in such circumstances, you may be removed from the Lawsuit, whether by
motion or other appropriate methodology.
Acceptance of Agreement
Please indicate your assent to the terms hereof by signing below and
filling out the required information below.
You may be certain that I will endeavor to do my best to protect your
rights and interests herein.
Very truly yours,

AGREED AND CONSENTED TO:
X _____________________________
CLIENT INFORMATION
Date of birth : __________________
Social Security No.: ___________________
Initial date of hire: ____________
e-mail address: ___________@____________
NAME : ________________________
Street Address: ________________________
City: ____________State _____ Zip ______
Home Phone: ____________________________
Cell Phone: ____________________________
 
PitBull,

I stand corrected... it's 15%.

My attorney advised me against signing it. She said that:

(1) $400/hour plus 15% (a blended hourly/contingency agreement, as she called it) was outrageous.

(2) If the lawsuit falls apart, he may be able to go after any participant who signed the agreement that he chooses to pay the entire outstanding bill.

(3) The attorney chooses the steering committee. She said that the committee should be chosen by the participants in the lawsuit and that conflicts of interest may arise by the attorney choosing the governing body that represents the client group.