Client Name:
Client Email:
Re: [CLIENT NAME] v. Lyft, Inc.
Dear [CLIENT
NAME]
We look forward to working with you to pursue your claims
against Lyft, Inc. (“Lyft”) regarding your employment with Lyft. This is
an agreement (the “Agreement”) between you and Milberg Coleman Bryson Phillips
Grossman LLC (“MCBPG”). I, along with MCBPG attorneys who are licensed to
practice law in, among other states, New York, Illinois, Washington, Oregon,
and/or Massachusetts, will be primarily responsible for your case. Although I
am only licensed to practice law in Florida, our team at MCBPG includes
attorneys licensed across the country who will be working with me and others on
your case.
You understand
and authorize MCBPG to proceed with filing your claims as an individual
arbitration, rather than in a court. Arbitration is a
simplified means of pursuing legal claims, where the claim is decided by an
arbitrator rather than a judge or jury and is overseen by an arbitral organization
such as the American Arbitration Association. Arbitration can be very different
from a court case. Unlike a court case, there is no jury in arbitration, and
there is limited discovery. Although we anticipate an arbitration, this
agreement shall apply regardless of whether the claims are filed in
arbitration, in court, or resolved by settlement prior to a filing in any
forum. While it is MCBPG’s goal to secure the maximum recovery possible for you
in connection with your claims, you authorize MCBPG to resolve and settle your
claims with Lyft, at a minimum, in the amount of $1,500.00.
Our firm will
handle the above-referenced matter based upon a contingent fee arrangement
wherein our collective fee will be forty percent (40%) of any recovery obtained
in this matter, whether it be through settlement or judgment. We reserve the
right to associate any co-counsel that we deem advisable or necessary for the
proper handling of your claim. Our fee will be split among our firm and any
firm(s) we associate. This arrangement would not include any appeal that may be
subsequently taken by any party.
During this
litigation, we will incur expenses for copies, long distance telephone calls,
legal research, travel, etc. Typically, these costs are paid by the client. However,
we will advance all costs incurred by our firms, such as copies, postage,
express delivery charges, legal research (e.g., Westlaw, LexisNexis, PACER),
travel expenses, etc. We will also incur costs that are not generated by our
firm, such as the filing fees with the arbitral organization or court, costs of
the experts, legal process outsourcing companies (i.e., service of process,
document production, trial exhibits), and deposition costs (including
transcripts). We will be reimbursed for these costs if, and only if, we
ultimately obtain a recovery. Advanced costs are deducted from the recovery
after the calculation of the contingent fee.
Please
understand that MCBPG may at any time recommend that the case not be continued
for good and sufficient reasons including, but not limited to, little or no
likelihood for success on the claims’ merits, or the lack of available sums,
whether they be the assets of Lyft or applicable insurance coverage. If we
should make such a recommendation to discontinue, we may withdraw our
representation upon due notice.
Also understand
that your file and any materials compiled by our firms during representation
will remain the property of our firms upon conclusion of the representation. We
will cooperate fully in furnishing a copy of relevant materials from the file
to any successor attorney who you may retain. Additionally, we will maintain
the file on this matter for at least six (6) years. Should you wish to obtain
any information or materials from the file, including personal items furnished
to us in the handling of your case (i.e., documents, photographs), these will
be returned to you by request if the request is made within six (6) years after
the conclusion of the representation.
Finally, we do
not make any promises or guarantees regarding the outcome or conclusion 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.
We look forward
to working with you on this matter.
Sincerely,
Jonathan B. Cohen