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, there is a basis under the Video Privacy Protection Act, whereby we may be able to recover attorneys’ fees from Yanka 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 Yanka 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
AGREED TO:
By: Date:
Yanka
contends that, under its Terms of Service, all Masterclass account holders have
agreed to resolve all disputes regarding Masterclass via binding individual arbitration
rather than proceed with claims in court.