Authority To Represent – Class Action
I understand that Roxanne Conlin & Associates, P.C. agrees to investigate the facts surrounding the ______________________________ and to determine if the facts are sufficient to institute a claim against ______________________________.
In the event that Roxanne Conlin & Associates, P.C. determines that such facts are sufficient to pursue a claim, they agree to represent me and I agree to retain their services as attorneys under the following terms:
1. My attorneys will exercise their best efforts in my behalf.
2. My attorneys will expect me to work on my case, to answer their calls and supply them with complete and accurate information. My attorneys will also expect me to cooperate with them in all reasonable requests.
3. My attorneys will seek compensation under the fee shifting provisions of applicable state and federal law. I will pay my attorneys 40% of any amounts awarded at trial or in settlement, or court ordered fees or 40% of the award plus court ordered fees, whichever is greater. If an appeal is necessary, I will pay my attorneys 45% of any amount recovered and/or court ordered fees or the sum of both, which ever is greater.
My attorneys will not discuss settlement of attorneys’ fees prior to complete settlement of the merits of my claim(s) without my permission. This is to protect me from having an employer attempt to induce a settlement against my interest. It is further for the purpose of protecting the attorneys from defendant’s seeking to settle the merits of my claim while not giving fair consideration to the legitimate fees claims of the attorneys for work done on this case.
4. I understand that this case will be treated as a class action. Because the case is taken as a class action, I recognize that I have a duty of loyalty to all of those who are class members or potential class members. I recognize that I may not try to get more out of the case for myself at the expense of class members who are entitled to relief.
5. I understand that the attorneys are undertaking very substantial financial risk in assuming this case in that they are receiving neither fees nor actual expenses from me. In recognition of the risks being taken by the lawyers, and in order to acquire legal representation, I assign all right and interest in attorneys’ fees under statute to the attorneys in accordance with the authorization of assignments by the Supreme Court of the United States. Venegas v. Mitchell, 495 U.S. 82 (1990). This is being done to make it impossible for the defendants to seek to deprive the attorneys of reasonable attorney’s fees by offering a settlement to me that is conditioned upon the waiver of all or part of the right to seek a reasonable attorney’s fee.
6. POSSIBLE RESPONSIBILITIES OF CLIENT. If the case is unsuccessful and the court believed that it was frivolous to bring the case, the court has the power to award attorneys’ fees and costs of the Defendant against me. My attorney has investigated the law and facts in accordance with the letter and spirit of Rule 11, Fed. R. Civ. P., and based on that investigation believes and has advised me that in her opinion the case is a good case and is in no way frivolous. My attorney has advised me that this opinion is corroborated by the fact that the attorney is undertaking considerable risk of loss based on this opinion. If in the future for some reason not presently contemplated the argument of frivolousness increases materially, my attorney will inform me in writing.
7. If the case is not treated as a class action and in the event the opposing party makes an offer of reinstatement or of settlement in full after proceedings have been initiated, I agree that my attorneys will evaluate the offer to determine whether it is bona fide and whether refusal of the offer would reduce or cut off the liability of the opposing party. I further agree that in the event such an offer is made, and I decline to accept the offer after my attorneys have determined that the offer is bona fide and that refusal would reduce or cut off the liability of the opposing party, then my attorneys may terminate this representation and in such event I agree to pay my attorneys a fee at their prevailing rate per hour for work done. I understand that Roxanne Conlin’s current hourly rate is $950.00 per hour.
8. If the case is not treated as a class action and if, as part of a settlement or verdict, the employer reinstates me or promotes me, I agree to pay an attorneys fee equal to up to 40% of my salary or my increase in salary for a period of two years after reinstatement or promotion. I understand that the fee due as part of reinstatement or promotion will not exceed 40% of my salary or my increase in salary and may be less at my attorneys option. I further understand that my attorneys will discuss fee payment options with me before agreeing to a settlement which includes reinstatement or promotion. Such payment options may include monthly payments over a period longer than two years.
9. I understand that my attorneys will advance the costs of this proceeding. My attorneys will seek appropriate reimbursement of costs from the court, if the case is successful. If the case is settled, the costs may be deducted from my part of the settlement.
10. I understand that my attorneys may contract with other attorneys to help handle this lawsuit. The attorney’s fees provisions herein will apply to all such attorneys as a group and not as individuals.
11. It is agreed that my attorneys have made no guarantees concerning the outcome in this matter.
12. IN THE EVENT OF NO RECOVERY, I SHALL OWE MY ATTORNEYS NOTHING.
DATED at Des Moines, Iowa, this _____ day of ____________, 2016.
ACCEPTED: _____ day of ________________, 2016.
ROXANNE BARTON CONLIN
Roxanne Conlin & Associates, P.C.
3721 SW 61st Street , Suite C
Des Moines, Iowa 50321