EFTA00037143.pdf

386 KB

Extraction Summary

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People
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Organizations
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Locations
5
Events
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Relationships
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Quotes

Document Information

Type: Legal retainer agreement or engagement letter (digital view)
File Size: 386 KB
Summary

This document outlines the terms of legal representation between a client and a law firm, specifically addressing joint representation and prosecution of claims. It includes clauses regarding conflict waivers, decision-making authority, settlement strategies, and the understanding that claim values may vary.

Organizations (2)

Name Type Context
the Firm
Adobe

Timeline (5 events)

joint prosecution
conflicts waiver
decision making
settlement negotiations
trial

Relationships (2)

The Client legal representation the Firm
The Client joint prosecution/similar claims other Clients

Key Quotes (3)

"The Client consents to the Firm representing others who have claims which are similar or identical to the Client's Claims"
Source
EFTA00037143.pdf
Quote #1
"The Client waives any conflicts of interest that may arise in this situation"
Source
EFTA00037143.pdf
Quote #2
"Client understands that he or she will always retain the authority to decide whether to settle or otherwise resolve his or her individual claim."
Source
EFTA00037143.pdf
Quote #3

Full Extracted Text

Complete text extracted from the document (3,263 characters)

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2. JOINT REPRESENTATION
The Client consents to the Firm representing others who have claims which are similar or identical to
the Client's Claims, including others who have claims against one or more of the same defendants as
Client. The Client authorizes the Firm to disclose any Client's pseudonym to the other Clients.
3. JOINT PROSECUTION
The Client consents to Client's claims being joined with those of other Clients in one or more
lawsuits, actions, or claim resolution processes.
4. CONFLICTS WAIVER
The Client acknowledges that the Firm may represent others who have claims against one or more of
the same defendants as Client. The Client waives any conflicts of interest that may arise in this
situation, including any conflict that could result from Client and the Firm's other clients each
pursuing a financial recovery from one or more of the same defendants. The Client also recognizes
that circumstances might arise in which the Firm may be prevented or disqualified from representing
the Client in a particular case or cases. The Firm will promptly inform the Client of any such
situation that may require such withdrawal. By signing below, the Client acknowledges these risks
and consents to such waiver and withdrawal.
Furthermore, in the event the Client at any time and for any reason elects to discontinue its
engagement of the Firm, or if an adverse relationship arises between the Client and any of the Firm's
other clients, the Client acknowledges and agrees that the Firm may continue without restriction to
represent the Firm's other clients in any and all matters, including those that arise from or relate to
any case, including the case in which the conflict(s) arose.
5. DECISION MAKING
The Client understands that many of the decisions during the course of the representation are
tactical and will be made by the Firm. On occasion, decisions will need to be made jointly by the
Client and the Firm's other clients. Certain other decisions will be made by each of the individual
clients in consultation with the Firm. Client understands that he or she will always retain the
authority to decide whether to settle or otherwise resolve his or her individual claim.
6. SETTLEMENT STRATEGY AND COMMON FUND SETTLEMENT
The Client understands that it is unlikely that any two cases will have the same value, either for
settlement or at trial. Every case has different facts, strengths, weaknesses, and risks, and the Client
understands that at trial or in settlement negotiations, the Firm, in consultation with its clients, may
assign a value to each client's claim and is likely to assign a higher value to some claims than to
others. The Client understands that a judge, a bankruptcy judge, a bankruptcy trustee, a jury, or any
neutral third party who helps resolve the Client's case might, for purposes of convenience, minimize
the differences among different plaintiffs. Moreover, for purposes of settlement, defendants might do
the same.
5
The Client and the Firm agree that it is generally desirable to conduct settlement negotiations for
each individual client and will endeavor to do so with each client's case negotiated separately—based
AA
na4.documents.adobe.com
EFTA00037143

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