Dear {full_name}:
This is an agreement (the “Agreement”) between you and Bryson Harris Suciu & DeMay PLLC (“Bryson” or the “Firm”) for legal representation regarding your claim(s) against Dow Jones & Company, Inc. (herein “DJ” or “Respondent”) for its violation of your privacy rights as a result of improper use of tracking technologies.
You understand and authorize the Firm to proceed with filing your claim(s) as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. You authorize the Firm to settle your individual claim(s) with Respondent and execute a release of your individual claim(s) on your behalf. However, this agreement also authorizes the Firm to settle and release your claim(s) as a part of a class action if Respondent chooses to do so. In the event that the Firm enters a settlement with your authority and you choose not to participate in the settlement, you may reject the settlement and the Firm may withdraw its representation of you. You further authorize the Firm to represent additional individuals who have claims that are the same or similar to yours against Respondent.
The Firm will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or total attorneys’ fees awarded by the arbitrator or court or, alternatively, an amount to be negotiated with Respondent’s counsel. The Firm reserves the right to associate with co-counsel, but the fee will be split between the Firm and any additional firm(s) they associate with.
The Firm will advance all costs incurred by the Firm during this litigation (e.g., filing fees, travel, etc.). The Firm will be reimbursed for these costs if, and only if, they ultimately obtain a recovery on your behalf. Advanced costs are deducted after the calculation of the contingent fee.
The Firm will keep you informed about the progress of your claim as it moves forward. We will do so via phone calls, emails, and SMS messages. By signing this retainer agreement, you consent to the Firm calling and sending case-related SMS messages to the cell phone number you provided when signing up for representation. If at any time you no longer wish to receive phone calls from the Firm, you can email us at arbitration.clientcare@brysonfirm.com. Similarly, if you no longer wish to receive SMS messages from the Firm, you can reply “STOP” to any SMS message to opt out of receiving additional messages.
You authorize the Firm to withdraw from representation if it determines for sufficient reasons that your claim(s) should not continue. Regardless, the Firm will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.
Finally, the Firm does not make any promises or guarantees regarding the outcome of your claim(s). If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files.
CERTIFICATION
I, the undersigned client, understand that I will not be able to pursue a claim against DJ unless I have an account on the DJ website (www.wsj.com). By signing this agreement, I hereby represent that I have made an online purchase from DJ or have an account on the DJ website. If necessary, I could testify or produce documents confirming that I have made an online purchase from DJ or have an account on the DJ website.
I further certify that I have not retained any other law firm(s) to pursue my claim(s) against DJ and that I will not retain any other law firm(s) to do so. I understand that, if I do retain or have retained another law firm to pursue my claim(s), the Firm may terminate their representation of me in connection with my claim(s) against DJ.
COMMUNICATIONS CONSENT
I, the undersigned, hereby consent to the Firm keeping me informed about the progress of my claim by calling, emailing, and sending case-related SMS messages to the cell phone number that I provided to the Firm when signing up for representation. I understand that, if at any time I no longer wish to receive phone calls from the Firm, I can email arbitration.clientcare@brysonpllc.com. I also understand that, if I no longer wish to receive SMS messages from the Firm, I can reply “STOP” to any SMS message to opt out of receiving additional messages.
Additionally, I consent to the Firm calling, emailing, and sending me SMS messages concerning other matters, lawsuits, and investigations that may be relevant or of interest to me.