ear Mr. and Mrs. Stenberg:
Thank you for contacting our office with respect to a potential claim under the Fair Debt Collection Practices Act pertaining to your dealings with Cavalry SPV I, LLC.
We are pleased that you have asked us to represent you in this matter. After a review of the facts of your case known at this time, we are of the opinion that your claim has substantial merit and we are prepared to accept representation of your interests.
The scope of our representation would be preparing any legal pleadings necessary, litigating your case in Court, telephone consultations with you, negotiating with the debtor/collector and/or its attorneys, and otherwise prosecuting your consumer case. This representation does not necessarily include representing you in the defense of any underlying debt or obligation such as it is. If, as and when Credit Bureau of Lancaster County sues you on the debt, we will discuss at that time what representation, if any, you require from us. Rather, our engagement and this letter is focused on claims that you have under federal law for the deceptive trade practices and consumer credit violations.
Our fee for representing you in this matter will be charged and computed on an hourly basis. My time is currently charged at the rate of $675.00 per hour. Andrew Milz’s time is billed at $375.00 an hour. Paralegal or law clerk time is billed at $195.00 per hour. These are our rates currently in effect. Our rates typically increase in January of each year. In any case, our legal fees will be paid entirely out of the proceeds of any recovery. In the event there is no recovery, you will have no obligation to pay us for legal fees or costs incurred. Our costs and fees for hours devoted to your case will be due and payable out of the first proceeds of any recovery however.
Again, although you are engaging our firm to represent you on an hourly-fee basis, unless you recover you will have no obligation to us for legal fees or costs. You understand that our fees will grow over time as we devote more time to prosecution of your case and that fees are not tied to a strict percentage of recovery.
We keep regular time records. These are available for your review monthly if you wish for some reason. However, unless you request a copy, we will not mail you bills during the progress of the case.
In addition to fees, we may incur certain “costs” in the prosecution of your case. Costs involve such things as court filing fees, service of process, federal express, deposition transcripts, expert witnesses, travel expenses, bulk photocopying, long-distance telephone, etc. Costs will also be payable out of any recovery.
You also agree to permit our law firm to seek and prosecute any claim for attorney fees and costs including the taking of an appeal. You assign over to us the right and entitlement to counsel fees and costs directly from the proceeds and grant us a lien in the proceeds to the extent of our fees and costs, and relinquish to the firm any claim to counsel fees and costs. Any fees awarded or recovered shall be in lieu of statutory fees available under consumer-law statute(s). We make no representation concerning the taxability of any recovery or of the counsel fees to be awarded or recovered. You may be liable for tax on a portion or the entirety of any recovery and should consult your tax advisor with any question.
Please note: Occasionally, a client will inquire about a bankruptcy filing. Please notify us in advance if you are planning or contemplating a bankruptcy at any time during the pendency of this case. Also note: Please do not post anything on social media about the facts of your case or the lawsuit. This includes Facebook, Twitter, Pinterest, Instagram, Tumblr, message boards, etc. You should also be aware that court filings are matters of public record. Your name and case could be searchable on the internet in the future.
Depending on a number of factors including the damages claim, and the length and difficulty of the litigation, legal fees and costs may be, and often are, greater than the amount recovered or recoverable by the client. “Recovery” means any amount received (whether by settlement, arbitration award, or court judgment), including, but not limited to, reimbursement of costs, forgiveness or release of debt or other obligation, and payment of money. You agree not to waive the right to recover attorney’s fees as a condition of settlement. You agree to cooperate with us in order to obtain an award of attorney’s fees, either through voluntary settlement with the other party or a court award. You also agree that you will not require that the firm consent to confidentiality of any settlement as part of an agreed upon resolution of litigation.
If you wish to have a lawyer or advisor outside of this law firm review this engagement letter with you, you are encouraged to do so before you sign and return. It is impossible at this time to predict the outcome of your case. However, from the information provided to us so far, it certainly appears that you have a strong case as you have been subjected to treatment which is unlawful. However, should discovery of facts during the course of the case impact our ability to prosecute your claim, we reserve the right to terminate our representation. Please be assured that we will do everything possible to protect your legal interests in this matter.
If you find the terms of this agreement acceptable, please sign in the space provided on the copy of this letter enclosed and return it to us. Should you have any questions, please feel free to call on me. In the event I am unavailable, you may always speak with my assistants, Joan Raughley or Nancy Flitter or my partner, Andrew Milz.
Below is the current contact information we have on file for you. If corrections need to be made to this information, please indicate in the space to the right.