The following is an Agreement between you and this law firm to represent you in filing an arbitration claim against Comcast.
Upon hitting SUBMIT, you will be able to sign the Agreement.
This Agreement for Representation (“Agreement”) is hereby entered into by and between “Client" and the law firm of Kopelowitz Ostrow P.A. (“Counsel”).
1. Scope of Representation.
a. In General. Client
authorizes Counsel to represent Client, and to take all actions that, in the
professional opinion of Counsel, may be necessary to investigate and prosecute privacy claims against Comcast Communications, LLC d/b/a Xfinity ("Comcast") for claims arising out of the data breach that occurred in or around October 2023 (the “Claims”).
b. Arbitration Claim(s). Client authorizes Counsel to file arbitration
claim(s) on behalf of Client, if Counsel, in its professional judgment,
determines that Client has suitable Claims.
c. Tax Advice
Excluded. Counsel’s representation
of Client does not include any tax-related advice, including advice relating to
the taxability of any monies recovered by Counsel on Client’s behalf.
2. Association of Additional Counsel. Counsel shall have the option, on
reasonable consultation with Client, to associate with additional lawyers or
law firms to assist in prosecuting the Claims.
3. No Guarantees As To Outcome. During the course of this representation,
Counsel may express to Client opinions concerning possible outcomes. These expressions of opinion are not
guarantees. No guarantee of any
particular outcome can be made in arbitration matters generally, or in this
matter specifically. In any contested
matter brought in an arbitration, there is always a possibility that an
arbitrator may ultimately rule in favor of the defendant, despite best efforts
of the plaintiff’s attorneys.
4. Duties of Client. Client agrees to cooperate fully with Counsel
during the course of representation, to advise Counsel fully of all pertinent
matters, and to provide truthful and accurate information to the best of
Client’s knowledge. Client agrees to
keep Counsel informed of the Client’s address and telephone numbers at all
times. Client agrees to take appropriate
precautions to protect attorney work product and attorney-client
communications. Client agrees to make
himself or herself available, upon Counsel’s request, for meetings, telephone
calls, depositions, arbitration hearing, or other events as Counsel deems necessary.
5. Decision Making and Settlement Authority. Counsel has the right to make strategic
and legal decisions relating to prosecution of the Claims, on the basis of Counsel’s
professional knowledge, experience and judgment. Counsel will not, however, settle the
individual claims of Client without the approval of the Client. Client agrees not to settle Client’s
individual claims without approval of Counsel.
6. Documents. Client shall be entitled to review his or her file; however, Counsel’s work
product shall be the property of Counsel.
At the termination of representation, Counsel may retain copies of any
documents provided by the Client. Upon
Client’s request, Counsel will return any original documents to Client. Counsel will have no responsibility for
retaining any documents provided by Client for more than three years after the
termination of representation.
7.. Multiple Representation. Client agrees that Counsel may represent one
or more additional clients who also have claims against the same entities, or
who otherwise have claims that relate to or overlap with Client’s Claims (the “Additional
Clients”).
a. No Present Conflict. In any matter in which an attorney represents
multiple clients, there is always the possibility that a conflict may develop
between the clients. Counsel is not
presently aware of any such conflict. Client
expressly consents to Counsel’s representation of Additional Clients despite
the possibility of conflict.
b. In the Event of a Conflict. If a material, non-waivable conflict
arises that, in the professional judgment of Counsel, would or might preclude
further multiple representation of the Client or any Additional Clients, then Counsel
may discontinue representation of Client or one or more Additional Clients, as
deemed appropriate based on the sole judgment of Counsel.
c. Communications.
Any information provided by Client in confidence to Counsel may be
shared with the Additional Clients, or any other members of the Potential
Class, but shall be privileged as to any other persons.
8. Attorneys’ Fees and Arbitration Expenses.
a. Arbitration Expenses. Client understands that Counsel will
advance all legal and investigative costs in connection with representing
Client under this Agreement and that, therefore, Counsel has an ownership
interest in the causes of action and Claims to the extent of the fees and
reimbursable expenses payable to Counsel under this Agreement. Client understands and agrees that Counsel
shall be reimbursed out of any recovery as set forth below for all costs they
advance, before any distribution of attorneys’ fees or any distribution to
Client. For purposes of this Agreement, such
costs may include, but are not limited to, filing fees, arbitration costs,
costs of service by special process, costs of court reporters, videographers,
and related deposition or transcript expenses, copying and printing costs, long
distance telephone calls, computerized legal research, document reproduction,
coding and organization services, administrative processing fees, delivery
charges, graphic design, travel expenses, consultant’s fees, and investigative
and expert witness services.
b. Fees and Expenses In the Event of No Recovery. In the event there is no recovery, Counsel
will not be entitled to recover any legal fee or costs from Client, except in
the event that Client terminates representation, as explained below.
c. Fees and Expenses In the Event of an Individual
Recovery. If Client obtains an
individual monetary recovery for any claim prosecuted under this Agreement,
whether by settlement or arbitration award, Counsel shall be entitled to the
greater of: (1) one-third of any settlement or recovery obtained for the
Client; (2) any attorneys’ fees recovered from the defendant as provided below;
or (3) arbitrator-awarded attorneys’ fees.
In addition, Counsel shall be entitled to reimbursement of arbitration
expenses they have advanced. The legal
fee will be deemed earned in full upon the issuance of a final order of an arbitrator,
or upon execution by all parties of a settlement agreement. Payment of the fee shall be deferred until
recovery is effectuated, whether or not effectuated by Counsel.
d. Fees Paid by the Defendant. Client understands and agrees that all
attorneys’ fees that may be recovered from the defendant(s), whether by
settlement, arbitration award, or court judgment, or pursuant to any law, shall
belong solely to Counsel. Counsel will
make any necessary allocation of fees among themselves and any other lawyers or
law firm with which they have associated for purposes of pursuing the Claims.
9. Attorneys’
Lien. You hereby grant Counsel a
lien on any of the Claims that are the subject matter of this Agreement. The lien will be for any sums due and owing
by Client to Counsel at the conclusion or termination of Counsel’s services.
The lien will attach to any recovery Client may obtain based on the Claims that
are the subject matter of this Agreement, whether by judgment, settlement or
otherwise.
10. Termination. Either party may terminate representation under this Agreement, but only
as set forth below:
a. Termination by Counsel.
i. In
light of the fact that discovery of currently unknown facts or future changes
in existing law may make the Claims too risky or uncertain to pursue, and that
Counsel are willing to advance arbitration expenses and attorney time on behalf
of the Client with no assurance of recovery, Counsel may terminate the
representation if, in the sole judgment of Counsel, the chances of success do
not justify going forward with Client’s Claims, or continuing representation
would result in an unreasonable financial burden to Counsel, or in the case of
a conflict. In the case of termination
by Counsel under this provision, Client understands and agrees that Counsel
retains the right to recover arbitration expenses and attorneys’ fees for work
to date of termination out of any monetary recovery Client ultimately obtains
for any claim previously prosecuted by Counsel under this Agreement.
ii. Counsel
may terminate representation if Client fails to abide by his or her obligations
as set forth in this Agreement. In the event
of such termination, Client understands and agrees that Counsel retains the
right to recover arbitration expenses and attorneys’ fees for work to date of
termination out of any monetary recovery Client ultimately obtains for any
claim previously prosecuted by Counsel under this Agreement.
iii. In
any case of termination of representation by Counsel, Client will not be
responsible for payment of fees and expenses that exceed Client’s ultimate
monetary recovery.
b. Termination By
Client. Client may terminate Counsel
by delivering to Counsel a written notice, stating that Client has decided to
terminate the representation, and providing an explanation of the reason for
that decision. Such termination shall
become effective only upon Counsel’s receipt of such written notice. In the event of such termination, Client
understands and agrees that Counsel retains the right to recover arbitration
expenses and attorneys’ fees for work to date of termination out of any
monetary recovery Client ultimately obtains for any claim previously prosecuted
by Counsel under this Agreement.
c. Termination Upon Resolution. Counsel’s representation of Client will
automatically terminate upon final resolution or legal disposition of Client’s
Claims, whether by settlement, arbitration award or court judgment, and payment
of all outstanding attorneys’ fees and expenses, as provided for herein.
11. SMS Texts. Client consents to receive SMS texts from Counsel regarding this case and Client's claim for compensation.
12. Total Agreement.
This Agreement represents the total agreement between Client and Counsel
regarding attorneys’ fees and arbitration expenses and other terms involving
representation of Client by Counsel. Any
modifications, additions, or other changes to this Agreement shall be made only
in writing and signed by Client and authorized representatives of Counsel.
13. Execution of Agreement. This Agreement may be executed in two or
more counterparts, each of which may be deemed an original, but all of which
shall constitute one and the same document.
14. Governing Law.
This Agreement shall be governed by the laws of the State of Florida.
15. Notice Letter. You give Counsel the legal authority to utilize your electronic signature for the sole purpose of a notice letter to begin the dispute resolution process.