Retainer Agreement Review Concerns

Summary

The user is concerned about feeling scammed by their retainer agreement. The agreement includes clauses on fee awards, joint representation, conflict waivers, and arbitration. The user should consult a local attorney to review the specific terms and address any potential conflicts or risks.

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I feel like I'm being scammed out of my money that I am to recieve
Thank you for sharing the details of your retainer agreement with me. I'd like to better understand the situation. Can you please tell me who is the party that you've entered into this agreement with? Is it an attorney, a company, or an individual?
agrees that any award of fees and costs that may be awarded as discovery or other sanctions shall not be considered part of the Client's recovery and shall belong exclusively to Attorneys as additional compensation for extraordinary time and effort. The court may assess monetary sanctions, (including Attorneys’ fees and costs) against Client for bad faith conduct, including of discovery proceedings prior to trial, or inappropriate conduct during or even after trial. Any such award will be entirely Client’s responsibility. *. JOINT REPRESENTATION: Client understands that Attorneys may be representing other potential claimants in a joint action arising out of the matter referenced herein. Client understands and acknowledges that proceeding on a group basis (“claimants”) is the only economical basis for prosecuting the subject claims. Because representing all claimants simultaneously in the same matter creates a potential conflict of interest, Client has considered, acknowledges, and accepts the following potential risks: A. Joint representation necessarily requires a balancing of interests, instead of vigorously asserting any one claimant’s interest on an issue, which could lead to results less favorable than might be obtained if Client were represented separately; B. There is no attorney-client privilege as among jointly-represented claimants with regard to the subject of the joint representation. If each claimant were separately represented, each such claimant would be free to instruct his or her attorney to refrain from disclosing communications between the claimants and his or her attorney to other claimants and attorneys involved in the litigation; C. Conflicts may arise if the claimants develop inconsistent strategies during the course of the litigation and/or Attorney receives conflicting instructions from the jointly-represented claimants. While Attorney believes that the objectives of all of the claimants are presently consistent, no two claimants may have exactly the same personal circumstances or needs, and a conflict, if unresolved, could require Attorney to withdraw from representing the group; D. Changing counsel in the midst of the litigation can be expensive and detrimental to Client’s interests; and E. If Client, for any reason, has a claim against another of the claimants, Attorneys cannot represent or advise either party with respect to such claim and separate counsel should be consulted. *. CONFLICT WAIVER: Clients acknowledge that Attorneys have advised them that they may seek independent counsel and advice with respect to the aforementioned joint representation, as outlined in Paragraph *, above. In connection with the above, Attorneys have explained, and Client is aware, of the following terms contained in the California Rules of Professional Conduct, Rule *-*(C): A member shall not, without the informed written consent of each client: Doc ID: a6f71e06a7
I'd like to understand your concerns better. Can you please clarify what specific aspects of this retainer agreement are causing you to feel like you're being scammed out of your money?
Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (*) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; Notwithstanding such joint representation and any actual or potential conflict of interest, Client hereby requests Attorneys to represent Client in connection with the aforesaid matters, and consents to such representation. Client also acknowledges and agrees that, at no time, will Attorneys’ representation of other claimants arising out of this matter be construed, claimed, or deemed to be a breach of a fiduciary relationship, a conflict of interest, or a violation of any other obligation to them. Client also agrees that, at no time, shall Client claim or contend that Attorneys should be or are disqualified from representing any persons in connection with the above- referenced matter on account of such actual or potential conflict of interest. The client hereby waives any actual or potential conflict. Client acknowledges that he/she has read and understands this conflict waiver. ________Client Initials *. SETTLEMENT: Client appoints Attorneys as Client’s attorney-in-fact to execute any and all settlements, drafts, and checks which Client could properly execute, so as to receive in Client’s name, any monies payable to Client; and Client authorizes Attorneys to deposit those funds in Attorneys’ trust account. *. DISPUTE UNDER AGREEMENT: In the event that any dispute arises relating to this Agreement or Attorneys’ performance of services hereunder, Client and Attorneys agree that such dispute shall be submitted to Judicial Arbitration Mediation Services (“JAMS”), in Los Angeles, or, if that forum is unavailable, to another equivalent alternative dispute resolution forum, and agrees to submit to the jurisdiction of JAMS or the substitute forum for purposes of enforcing this arbitration agreement. The dispute shall be conclusively decided, without appeal or review, by a mutually-agreeable JAMS neutral, or, if an agreement cannot be reached as to a JAMS neutral, by a JAMS neutral selected by the Senior Judicial Officer and Chairman of the Executive Committee of JAMS (or the equivalent). Any costs, fees, or expenses for JAMS’ services will initially be shared equally by ATTORNEYS and CLIENT. Any arbitral award may reallocate Arbitration fees, Arbitrator compensation, and/or costs, pursuant to Rule * of the JAMS Comprehensive Arbitration Rule and Procedures. This agreement to arbitrate is not intended to abrogate Client’s right to require a non-binding fee arbitration pursuant to California Business & Professions Code §§ *-*. Pursuant to the * JAMS Comprehensive Arbitration Rules and Procedures, Rule *(c), “[j]urisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought, and who are proper Parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. The Arbitrator has the authority to determine jurisdiction and arbitrability issues as a preliminary matter.” By agreeing to arbitration of disputes relating to this Agreement or Attorneys’ performance of services hereunder, Client acknowledges that: (*) Client is waiving the right to a jury trial as to
Thank you for sharing the details of your retainer agreement with me. I'd like to better understand your concerns. Can you please clarify what specific aspects of this agreement are causing you to feel like you're being scammed out of your money?
AUTHORIZATION TO NEGOTIATE CHECK I, ___________, hereby authorize Attorneys to negotiate any check payable to me in any settlement of my case in which they represent me, and for said Attorneys to sign the instrument without the necessity of my presence. Accepted and Agreed to this ___ day of _______, * _________________________ CLIENT NAME AND ADDRESS Laquencia Junae Lewis Laquencia Junae Lewis * S Union Ave, #*, Los Angeles, CA *
I'd like to understand your concerns better. Can you please clarify what specific aspects of this "Authorization to Negotiate Check" are causing you to feel like you're being scammed out of your money?