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....
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Consent of clients will be required before the Lawsuit can be withdrawn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: ____________________________