We look forward to working with you to pursue your claims against StubHub, Inc. and related subsidiaries or partners (collectively, “StubHub”) regarding StubHub's practice of charging hidden fees to consumers. We are going to pursue claims against StubHub under any applicable state and/or federal laws. This is an agreement (the “Agreement”) between you and The Law Offices of Jibrael S. Hindi (“JSH”) and possibly co-counsel to be determined at a later time with your authority. JSH attorneys as well as attorneys from a potential co-counsel firm (collectively, referred to as "the Attorneys") will be primarily responsible for your case.
You understand and authorize the Attorneys to proceed with filing claims on behalf of you as an individual arbitration, rather than in a court.[1] You also authorize the Attorneys to negotiate potential settlement on your behalf, but the final decision on accepting or rejecting a settlement offer rests with you.
You agree that if the Attorneys negotiate a recovery of $500.00 or more for your case, you will accept such amount as your full and final recovery.
ATTORNEY FEE AWARD MAY EXCEED CLIENT RECOVERY
In many consumer law cases, especially those where statutory damages are sought and/or recovered, attorney fees recovered may exceed the net recovery of the client by a LARGE MARGIN. It is not uncommon for a client to receive $500.00 in statutory damages and for attorney to receive TENS OF THOUSANDS OF DOLLARS in attorney fees and costs from the defendant.
In the event that the Attorneys reach a proposed settlement of your case below $500.00, the Attorneys will convey the proposed settlement to you at the email address you have provided. You will then have 10 days from that email to accept any proposal; otherwise, it will be deemed rejected, you will be opted-out of the settlement, and you will be free to pursue your claim(s) without the Attorneys’ representation. In addition, the Attorneys will be available to communicate with you concerning the terms of any settlement offers and to provide their professional advice regarding the terms and potential outcomes.
Attorneys shall separately negotiate their attorney fees and costs to be paid by the defendant at a flat rate of $2,500.00.
Attorney’s fee shall be sought from the Defendant. The Attorneys 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 the Attorneys as well as any firm(s) we associate. This arrangement would not include any appeal that may be subsequently taken by any party. Further, if the arbitrator rules in your favor, we may be able to recover attorneys' fees from the Defendant on your behalf.
During this litigation, the Attorneys will incur expenses for copies, legal research, travel, etc. Typically, these costs are paid by the client. However, we will advance all costs incurred by the Attorneys, such as copies, postage, express delivery charges, legal research (e.g., Westlaw, LexisNexis, PACER), travel expenses, etc. The Attorneys will also incur costs that they do not generate, 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). The Attorneys will be reimbursed for these costs if, and only if, they ultimately obtain a recovery.
Attorneys advise client that any settlement, award or judgment obtained as a result of the representation may be partly or wholly taxable, including any attorneys’ fees awarded. Attorneys have informed client that tax advice is specifically excluded from the scope of the services attorney will provide under this agreement. Attorneys have informed client that he/she is not an expert in tax law and has recommended that client obtain advice from a tax practitioner concerning the tax consequences of any recovery.
Please understand that the Attorneys 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 Defendant or applicable insurance coverage. If the Attorneys 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 the Attorneys during representation will remain the property of the Attorneys upon conclusion of the representation. The Attorneys will cooperate fully in furnishing a copy of relevant materials from the file to any successor attorney who you may retain. Additionally, the Attorneys 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 the Attorneys 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, the Attorneys 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. The Attorneys 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,
Jibrael S. Hindi, Esq.
1] Defendant contends that, by accepting the terms of service, all individuals who accept Defendant’s terms agree to resolve any disputes regarding via binding individual arbitration rather than proceed with claims in court, and to waive their rights to a jury trial and to participate in any class action lawsuit. 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.
Please note that the company against which you are retaining Attorney to pursue individual arbitration claims on your behalf may require a notice letter personally signed by you to begin the dispute resolution process. So that Attorneys can start this process, by signing the retainer agreement, it is your intent to provide Attorneys 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 our firm has agreed to represent you in connection with an individual arbitration. This is the sole limited purpose for which you are giving Attorneys legal authority to utilize your electronic signature.
