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I,  (“Client”), hereby retain the law firm of The Markham Law Firm (or any successors or predecessors) as my attorneys (“Law Firm(s)” or “Attorney(s)”).

  1. The purpose of this Agreement is to set forth the terms under which the Law Firm will furnish legal representation to Client in connection with a class action or collective action against  and Related Entities (“Matter”), and others for among other things, misclassification, violation of overtime laws, expense reimbursement, payroll violations, illegal deductions, penalties, and other related claims, as applicable. Client does not retain attorneys for claims of disability, discrimination, failure to promote, sexual harassment, workman’s compensation claims, or any other matter. Attorneys cannot and will not offer any tax-related advice. This written agreement supersedes any and all previous agreements between the parties, if any.


  2. Scope and Duties. This action will be prosecuted as a class action or collective action or multiple plaintiff action against or on behalf of all persons affected by its violation of employment statutes. It is understood by Client that Law Firm is obligated to represent the interests of all class members, not solely the interests of the named class representatives, and that attorneys are obligated to treat the rights of such class representatives the same as the rights of other members of the class. For this reason, it is understood and agreed that Law Firm shall have ultimate authority to make decisions concerning the conduct of the litigation, including decisions such as the theories and remedies to pursue, motions to make, and retention of experts. Also, any settlement agreed to by Client and Law Firm must be approved by the Court as being in the best interest of the class. It is understood that to achieve this goal, Attorneys may determine it to be in the best interests of the class to recommend and settle the lawsuit for less than what might be achieved assuming the case were to be litigated.


  3. Client Responsibilities. Client agrees to the following:

    A. To be truthful and cooperative with Law Firm, keep Law Firm advised of information and developments pertaining to the Case and of his/her current address, attend meetings, answer questions posed by the defendants, appear for deposition and/or trial, and otherwise participate in the litigation in any way which may aid Law Firm in representing Client in the Matter.

    B. To refrain from discussing the Matter with anyone other than Law Firm and other law firms with which Law Firm associates. IT IS VERY IMPORTANT THAT YOU DISCUSS THE MATTER ONLY WITH YOUR ATTORNEYS. If you discuss the Matter with anyone other than your attorneys, you may waive the attorney-client privilege.

    C. Client authorizes and directs Law Firm to take all actions which Law Firm deems advisable on behalf of Client in the lawsuit.


  4. Costs and Legal Fees. The Law Firm shall advance all case costs it deems are required including, but not limited to, filing fees, fees for serving papers, investigators, expert consultants, court costs, deposition costs, travel costs, copy and fax costs, mail and delivery costs, court reporter fees and expert witness fees subject to reimbursement as set forth below. The fees described below are not set by law, but are negotiable between Law Firm and Client.
    1. Any legal fees to be paid to the Law Firm shall be contingent on settlement, judgement or other recovery, and, in the case of a class action or collective action, such fees will be subject to Court Approval.
    2. Client and Law Firm agree that Client shall pay to Law Firm the sum of 33 1/3% of all sums recovered in the Matter, which shall include for purposes of this calculation only any such separately awarded attorneys’ fees, expenses and/or costs. Client understands, intends and agrees that the amount paid to the Law Firm pursuant to this paragraph may exceed the monetary amount(s) otherwise specifically awarded to the Law Firm by the Court, decreasing the total amount of any monetary award paid to the Client pursuant to any such settlement or award.
    3. Client is not liable to pay the Law Firm any attorneys’ fees or costs until the Matter is settled or a judgment is collected from the other side. However, costs will be allocated to Client should Client terminate this representation under the conditions set forth in section 6(A).
    4. Attorneys have agreed to share the ultimate amount of attorneys’ fees recovered in this matter. This does NOT increase the amount of attorneys’ fees stated above in (A) and (B), but is merely an agreement between Attorneys to share any attorneys’ fees obtained pursuant to (A) and (B).
    5. In connection with the attorneys’ fees awarded or to be paid, as set forth in (A) and (B) above, Law Firm agrees to allocate any award of attorneys’ fees associated with recovery for any California class or subclass as follows: 90% of attorneys’ fees to The Markham Law Firm and 10% of attorneys’ fees to Potter Handy LLP. Law Firm may associate with additional counsel if, in their professional judgment, they believe it will benefit the Matter.
    6. In the event that the Client and/or Law Firm receive an award of attorneys’ fees, expenses and/or costs pursuant to a statute, under the common fund doctrine, or under any other legal principle, the entire amount of such awards shall go to the Law Firm and the Client assigns all rights to receive attorneys’ fees, litigation expenses, and costs to the Law Firm.
    7. Each firm shall receive its share of fees and reimbursed expenses directly from the claims administrator, defendant, or opposing counsel as the case may be and may provide binding instructions as to method of transmittal of said funds.


  5. Law Firm agrees to make a diligent effort to inform Client of the status of the litigation and as to the courses of action which are being followed or recommended by Law Firm. Law Firm agrees to make all pertinent written materials received or sent by Law Firm available to Client for reading.


  6. The relationship established by this Agreement is subject to termination only as follows:
    1. The undersigned Client may terminate Law Firm’s representation at any time by notifying Law Firm in writing of the effective date of any such termination. Should the Client terminate this engagement; Law Firm shall have a lien against the case and/or Client’s claim in an amount equal to the reasonable value of all services provided during their representation of the Client, and further, the Client shall then immediately be obligated to reimburse Law Firm for all costs advanced through the date of discharge. Termination of any one of the firms associated with the Matter shall not affect their right to receive their share of the fee award, as agreed between Law Firm.
    2. Law Firm agrees to use their best efforts in representing Client in this Matter. Client acknowledges nothing in this agreement and nothing in Law Firm’s statements to Client shall be construed as a promise or guarantee about the outcome of this matter. Law Firm makes no such promises or guarantees. Law Firm’s comments about the outcome of this matter are expressions of opinion only.


  7. Any controversy between the parties regarding the construction, application, or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The sole and exclusive venue for arbitration shall be before Judicial Arbitration Mediation Services (“JAMS”) in Philadelphia, Pennsylvania. All disputes between Client and Law Firm must be submitted to arbitration within the limitations period applicable to the particular claim made as provided by law from the date Law Firm’s representation of Client terminated or the last date on which Law Firm performed services for Client under this Agreement (whichever is later). Each party shall bear their own costs, expenses, and attorney fees for any arbitration.


  8. This Agreement constitutes the entire agreement and understanding between Attorneys and Client. There is to be no change or waiver of any provision of this agreement unless the changes are in writing and signed by Client and Law Firm.


  9. This Agreement may be signed in counterparts. A signature by facsimile or via email will be deemed as valid and binding as an original signature.


  10. The undersigned understands that a fully executed copy of this Agreement will be provided to Client upon execution by Attorneys.


  11. Client hereby specifically authorizes Attorneys, without any further notice by Attorneys to Client, to destroy Client’s file three (3) years from the date Attorneys’ representation of Client terminates, or from the date Attorneys last performs services for Client under this Agreement, whichever is later.


  12. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms or provisions shall not be affected hereby by said illegal, unenforceable or invalid part, term, or provision shall be deemed not part of this Agreement.


Entire Agreement

This Agreement contains the entire agreement of Client and FIRM.  No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on Client and FIRM.

I acknowledge and agree to the terms and conditions of the above Contingent Fee Contract.  

DATED: February 21, 2024

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August 5, 2020 10:30 pm PSTNATIONAL CLASS ACTION RETAINER Uploaded by Potter Handy, LLP - IP