Re: [CLIENT NAME] v. H&R Block, Inc., et al.
Dear [CLIENT
NAME]
We
look forward to working with you to pursue your claims against H&R Block,
Inc., HRB Digital LLC, and/or HRB Tax Group, Inc. (collectively, “H&R Block”)
for violations of state wiretapping acts relating to H&R Block’s collection
and disclosure of your electronic communications within H&R Block’s products
and services to third parties without your consent.
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 New York, California,
Illinois and other states, will be primarily responsible for your case. Although I am only licensed to practice law in
Florida, our team at MCBPG includes attorneys licensed in New York, California,
Illinois and other states 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.[1] 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 H&R Block, at a
minimum, for a two-hundred-dollar ($200.00) value. Of course, MCBPG will do its best to resolve
your claims for a higher amount. This is
within the range of available statutory damages under the Pennsylvania
Wiretapping and Electronic Surveillance Control Act, 18 Pa. Cons. Stat. § 5747,
which allows for the recovery of statutory damages of one thousand dollars
($1,000.00) per violation, and the California Invasion of Privacy Act, CA Penal Code Sec. 631, which allows for the
recovery of statutory damages of five thousand dollars ($5,000.00) per
violation.
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. Although atypical, we may be able
to recover attorneys’ fees from H&R Block on your behalf. Should we be successful in doing so, our fee
shall be the greater of: (1) total attorneys’ fees awarded by the arbitrator or
court; or (2) forty percent (40%) of the total recovery (including attorneys’
fees).
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 H&R Block 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
[2] Please note that the company against which you are
retaining Milberg to pursue individual arbitration claims on your behalf
requires a notice letter personally signed by you to begin the dispute
resolution process. So that Milberg can start this process, by signing
the retainer agreement, it is your intent to provide Milberg with your electronic
signature and your consent to include your electronic signature in the notice
letter to be sent on your behalf to the company identified in the retainer
agreement as the party against whom Milberg has agreed to represent you in
connection with an individual arbitration. This is the sole limited
purpose for which you are giving Milberg legal authority to utilize your
electronic signature.