MIDWEST RECOVERY LAWSUIT RETAINER AGREEMENT
Please fill out the information below. Fields with a star are mandatory fields but please provide as much information as possible. Read the Agreement below. Then click the box to hire the Lakeshore Law Center and Spencer Law Firm and click “submit.” Your information will be reviewed. You will be notified by email that your material was received and whether your case is accepted. Be sure to check your spam/junk email folders for the reply. You do not need to submit any documents at this time, but will be notified by email about submitting documents in the future.
I authorize ATTORNEYS (Lakeshore Law Center and Spencer Law Firm) to prosecute a claim for damages or other appropriate relief against Midwest Recovery or related persons (defendants) for reporting invalid payday loan debt on my credit report.
Except as stated below, I am not responsible for ATTORNEYS’ legal fees or costs/expenses unless there is a recovery in my favor, whether by settlement or court judgment. I authorize ATTORNEYS to negotiate with the defendants I am suing for a separate payment, based upon their “lodestar” and for their costs and expenses, or to file a motion with the court to compel the defendants to pay those fees, costs and expenses. I understand the term “lodestar” means the ATTORNEYS’ hourly fee of $750 multiplied by the number of hours spent on my case.
I understand that once I commence the lawsuit, if I cancel or abandon that effort without good cause I could be responsible for payment of my ATTORNEYS’ legal fees and costs as calculated above.
I have been advised and am aware that contingency fee arrangements are not set by law, and that a contingency fee between ATTORNEYS and CLIENT is negotiable. ATTORNEYS’ professional skill and experience will be used to serve me, but no specific results can be guaranteed.
In the event I terminate ATTORNEYS’ services, they shall have a lien against any recovery I obtain equal to their fee as specified above and I will reimburse any costs/expenses they incurred.
I have the right to accept or reject any settlement offer. I understand that ATTORNEYS’ consent is also required if the settlement amount allocated to fees and costs is less than actual lodestar and costs. In such a circumstance, unless ATTORNEYS provide such consent, I will be responsible for payment of any attorney’s fees or costs not obtained through the settlement. If I cannot be located, ATTORNEYS will act in my best interests and sign settlement documents on my behalf. I authorize ATTORNEYS to endorse any monetary payment check on my behalf and to forward any proceeds thereof to which I am entitled. With respect to ATTORNEYS’ right to recover fees, I may seek the advice of an independent lawyer of my choice and have been given a reasonable opportunity to seek that advice before agreeing to this provision.
I understand that my personal claims will be joined in a single lawsuit with those of other victims of Midwest Recovery who are clients of ATTORNEYS. For example, there might be 50 or even 100 plaintiffs in a single lawsuit. Representing more than one person creates unique problems for the clients and attorneys. Some of these problems include the possibility the defense believes one case is worth more money than another case, or that some cases have no value at all. In some situations, the defense will offer a certain amount of money per plaintiff. Although this sum may be different, I expressly waive any potential conflicts of interest attorneys may have accepting settlement for other plaintiffs in this litigation in an amount different from that received by me. It is also possible that any settlement offer will be made to the group as a whole with each plaintiff (including myself) getting a fair share of the total settlement fund. Such a situation can lead to conflicts of interest as some plaintiffs may feel their claims are worth more than other plaintiffs’ claims. I expressly waive this potential conflict of interest for ATTORNEYS as well. If there is a group offer, the way any such conflicts are handled is that the parties will be encouraged to work out a solution on their own. If such a solution is not possible, I hereby agree that an arbitrator selected by ATTORNEYS will be allowed to designate the appropriate allocation of recovery among the clients and that the costs of the arbitration will be deducted from the clients’ collective recovery. Any potential conflicts of interest that ATTORNEYS have in this scenario are also expressly waived by me who have been advised that I have the right to seek independent counsel before signing this agreement and I have either availed myself of independent counsel or knowingly waived that right. The costs for the arbitrator will be borne by the plaintiffs equally, unless the retired judge believes a different allocation for his or her services is appropriate in which case I agree to be bound to that decision, waiving any rights to a jury trial or an appeal.
I am aware that since I will be represented by a common lawyer on a matter of common interest, I may not claim the attorney-client privilege in the event of litigation between myself and other plaintiffs. In addition, any confidences among myself and the other plaintiff with respect to this matter are waived. Areas of potential conflict include conflicting client instructions; disputes that may arise among clients; two clients give conflicting instructions and following one instruction violates another; clients have divergent objectives; effective advancement of one client’s cause may be detrimental to another client; the facts of the case require advocating antagonistic positions of two or more clients in the same matter; disputes arise among the clients or they disagree as to resolution of the matter; one client discloses information to the attorney and demands that it not be disclosed to the other clients; a preexisting relationship with one of the clients clouds the exercise of independent judgment on behalf of the other client; or after the matter is concluded, the clients make conflicting demands for the client file. I HEREBY WAIVE ANY POTENTIAL CONFLICT OF INTEREST.
I acknowledge that I have read and fully understand all of the terms and conditions of this Agreement before signing it, and have received a copy of this Agreement upon execution thereof. I understand that this agreement is not binding on ATTORNEYS until they have confirmed their representation of me in writing.