This Legal Services Agreement (“Agreement”) contains the terms under which Zimmerman Reed LLP (“Attorneys”) will provide legal services to you (the “Client”). This Agreement describes the scope of legal services to be performed as well as Attorneys’ standard billing policies and practices. This Agreement will be applicable to your matter unless otherwise agreed in writing.
Client Representations. Client represents to Attorneys that Client has performed services for and/or its affiliates (“Respondent”) as a driver on at least one occasion and has not been classified as a W-2 employee by Respondent, but rather believes to have been misclassified as an independent contractor. Client further warrants that Client is not a shareholder or affiliate of Respondent. The representations by Client in this paragraph are material terms of this Agreement.
Scope of Services. Attorneys agree to provide you with legal services in connection with violations of the California Labor Code and other state and federal laws in conjunction with Respondent and any of its affiliates. By agreeing to have Attorneys represent you, you are agreeing to cooperate with Attorneys by providing information in a timely fashion when required to do so, by making yourself available as may be necessary for the prosecution of your claim, and to be fully and completely candid and truthful with your attorneys as to the facts and circumstances surrounding your injury/damage. Client also acknowledges that failure to communicate truthfully and promptly with Attorneys could jeopardize Client’s case or result in Attorneys having to terminate their representation.
Attorneys will provide those legal services reasonably required to represent Client. Attorneys will take reasonable steps to keep Client informed of progress and to respond to Client’s inquiries. If a court action is filed, Attorneys will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in collection proceedings after judgment or proceedings regarding renewal of a judgment. A separate written agreement for these services or services in any other matter not described above will be required. Attorneys are representing Client only in the matter described in this section.
Fees, Charges, and Expenses for Individual Representation. Attorneys’ fee shall equal 40% of the total amount recovered for Client, whether lump sum or a structured settlement calling for future payments or a contribution of both and shall be payable at the time of settlement or payment of the recovered amount.
The term “recovery” shall include the present value of any monetary payments agreed to be made or the fair market value of any property or services agreed to be transferred or rendered for the benefit of the Client. Attorneys will advance all costs as are reasonable to prosecute the lawsuit, including but not limited to, all discovery or court costs, the cost of investigation, records, copy costs, photocopies, long distance telephone calls, postage, travel expenses incurred in the prosecution of the action, and other necessary and incidental expenses. Attorneys may employ investigators and experts and the expenses of such employment shall be reimbursed as advanced costs. All advanced costs and expenses attributable to Client’s case shall be reimbursed to Attorneys from the recovery. If no recovery is obtained for Client in this case, Client shall owe no fee to Attorneys.
Attorneys and Client further agree that the fees agreed upon herein apply through settlement in advance of trial or before an appeal after the original trial. If the need should arise for an appeal either to be prosecuted or defended, then Client and Attorneys may enter into a separate agreement for such appellate work.
Any recovery shall be distributed in the following manner and order:
- To Attorneys, a fee in the amount of 40% and/or any fee awarded by the court or tribunal;
- To Attorneys, a sum equal to all costs advanced plus a reasonable carrying charge if the litigation is protracted;
- To the holder of any valid lien, a sum to satisfy the lien; and
- To Client, the balance of the recovery.
Allocation of Court Award for Statutory or Contract Fees and Costs. Client agrees that any award of fees and costs that may be awarded pursuant to contract or statute will belong exclusively to Attorneys. Client further agrees that, whether or not attorneys’ fees or costs are awarded by the court in Client’s case, if there is a recovery other than an award of fees and costs pursuant to contract or statute, Client will remain responsible for the payment, in full, of the attorneys’ fees and costs in accordance with this Agreement. However, any payment of court-awarded fees and/or costs by a third party will be credited against the amount of fees and/or costs owed by Client under this Agreement. Therefore, Client agrees that the attorneys’ fees and costs payable to Attorney pursuant to this Agreement shall be the greater of: (i) the amount otherwise owed to Attorneys under this Agreement if the award of attorneys’ fees and costs were disregarded; or (ii) the amount of the court ordered award of attorneys’ fees and costs. Current hourly rates are: Partners: $500 to $850 per hour; Associates: $300 to $500 per hour; Paralegals: $100 to $200 per hour; and Law clerks: $100 to $300 per hour.
Client agrees that any award of fees and costs that may be awarded as discovery or other sanctions shall not be considered part of Client's recovery and shall belong exclusively to Attorneys as additional compensation for extraordinary time and effort.
Responsibility for and Allocation of Sanctions. Client understands that if Client’s case proceeds to court action or arbitration, the court may award attorneys’ fees as well as some or all of the type of costs to the other party or parties. Payment of such attorneys’ fees and costs shall be the sole responsibility of Client. Similarly, other parties may be required to pay some, or all of the fees and costs incurred by the Client. Client acknowledges that any such determination does not in and of itself affect the amount of the fees and costs to be paid by Client to Attorneys pursuant to this Agreement.
Potential Conflicts of Interest. Client understands that Attorneys intend to represent multiple clients with similar claims and Attorneys may determine to join your action with actions of other clients with similar claims. Attorneys believe that representation of Client will not be adversely affected by the joint representation of multiple clients in Client’s claims against Uber Technologies Inc. The main advantage for representing Client along with clients with similar claims is that there is strength in numbers. Each claim reinforces the claims of others. In addition, in the event there is a group settlement, costs are shared among the participating clients. The potential disadvantage of joint representation is that control over the case must be shared.
Attorneys may also be required by the applicable rules of professional conduct to share material information about your claims with clients with similar claims and therefore, Client may lose some measure of confidentiality. Attorneys will avoid these issues if practical and if any conflict of interest affecting Client does arise, Attorneys will inform Client promptly and work on how best to proceed in accordance with the applicable rules of professional conduct.
Settlement. If Attorneys receive a settlement overture in this matter, that overture will be transmitted to you promptly. Attorneys will not settle your claim without your prior approval.
Settlement Approval. Attorneys will not make any settlement or compromise of any nature of any of Client’s claims without Client’s prior approval. Client retains the absolute right to accept or reject any settlement.
Aggregate Settlement Disclosure. If Attorneys receive a settlement offer that contemplates an aggregate or group settlement, Client understands that Attorneys may represent multiple clients with similar claims and that the opposing party (defendant) may offer to resolve the claims by making individual offers or offering to resolve as a group. Client understands that in either scenario conflicts may arise, however, Attorneys will not favor one Client’s interests over another, and each client has the right to accept or not accept his/her individual settlement offer. Client further understands that some settlements may be conditioned upon a certain percentage of participants agreeing to resolve their claims through settlement. In the case of a group settlement, some clients may want to settle while others do not and if so, it may be necessary for the Attorneys to withdraw from representing certain clients if they reject the settlement.
Termination. As the Client, you may terminate Attorneys as your legal counsel at any time by written notice to Attorneys. Upon receipt of such a notice, Attorneys will cease all work on your behalf and will cooperate with you in finding appropriate counsel to substitute for Attorneys or in transferring your file to counsel of your choice. Attorneys may also withdraw as your legal counsel or suspend or limit its services to you, in compliance with applicable rules of professional responsibility. Those rules include provisions permitting withdrawal if a client makes the representation unreasonably difficult, requests conduct on the part of Attorneys which is unprofessional, or fails to fulfill an obligation to Attorneys, including communicating with Attorneys in an honest and prompt manner. However, such a withdrawal will only be done after providing Client with adequate notice and an opportunity to secure other counsel.
In the event of Attorneys’ discharge or withdrawal with justifiable cause, Client agrees that, upon payment of the settlement, arbitration award, or judgment in Client’s favor in this matter, Attorneys will be entitled to be paid by Client a reasonable fee for the legal services provided. Such fee will be determined by considering the following factors: (1) the amount of the fee in proportion to the value of the services performed; (2) the relative sophistication of the Attorneys and the Client; (3) the novelty and difficulty of the questions involved and the skill requisite to perform the legal service properly; (4) the likelihood, if apparent to the Client, that the acceptance of the particular employment will preclude other employment by the Attorneys; (5) the amount involved and the results obtained; (6) the time limitations imposed by the Client or by the circumstances; (7) the nature and length of the professional relationship with the Client; (8) the experience, reputation, and ability of the Attorneys; (9) the time and labor required; and (10) the informed consent of the Client to the fee.
Association of Other Counsel. Attorneys may seek to associate with other counsel as may be required for the professional and efficient prosecution of your claim. You consent to such association. If other counsel are associated, you will not be charged any more than is accounted for in this agreement. However, your consent to the association of other counsel on this matter and the fees, charges, and expenses set forth above will be applicable to other counsel.
Outcome. There is no way to predict the outcome of this matter and by agreeing to provide you with legal services, Attorneys do not, and cannot, guarantee a successful outcome to your dispute. Attorneys will at all times attempt to provide you with professional legal services and representation.
Communication. You are encouraged to communicate at any reasonable time about any concerns or questions concerning your matter directly to any attorney and paraprofessional familiar with your matter.
Governing Law and Rules. This Agreement will be interpreted under the laws and rules which govern attorney-client relationships set forth in the California Rules of Professional Responsibility, opinions, and case law interpreting those rules.
Negotiability of Legal Fees. Client understands that the rates set forth above are not set by law but are negotiable between Attorney and Client.
Return of Client File. Client may have access to Client’s case file at Attorneys’ office at any reasonable time. At the end of the engagement, Client may request the return of their case file. If Client has not requested the return of their file, and to the extent Attorneys have not otherwise delivered it or disposed of it consistent with Client’s directions, Attorneys will retain the case file for a period of two years. After those two years, Attorneys are authorized by this Agreement to have the case file destroyed. If Client would like Attorneys to maintain Client’s case file for more than two years after the conclusion of Attorneys’ services for Client on a given matter, a separate written request should be made to Attorneys.
Disclaimer of Guarantee and Estimates. Nothing in this Agreement and nothing in Attorneys’ statements to Client will be construed as a promise or guarantee about the outcome of the matter. Attorneys make no such promises or guarantees. Attorneys’ comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees.
Insurance. Pursuant to California Rule of Professional Conduct 3-410, Attorneys are informing you in writing that Attorneys have professional liability insurance.
No Tax Advice. Attorneys have not been retained to provide Client with any tax advice concerning any of the services discussed above. Any documents prepared by Attorneys may have specific tax ramifications. To assure that Client understands and is certain of all the potential tax consequences, Client should consult with tax advisors regarding these matters.
Entire Agreement. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
Receipt of Proceeds. All proceeds of Client’s case will be deposited into Attorneys’ trust account for disbursement in accordance with the provisions of this Agreement.
Express Consent to Send Text Messages and Automated Calls. By executing this Agreement, Client provides Attorneys and Attorneys’ designees, agents , and/or other associated third parties with Client’s express written consent to send text messages to the telephone number(s) provided to Attorneys or Attorneys’ designees, agents, or associated third parties during representation. You certify and represent that you are the subscriber and/or account holder of those telephone numbers and have authority to provide such consent. By executing this Agreement, Client also authorizes Attorneys, their agents, designees, and/or associated third parties, to deliver, or cause to be delivered to you, telemarketing calls and messages using an automatic telephone dialing system or an artificial or prerecorded voice. Please note that you may incur charges to your telephone account(s) for the receipt of such text messages and/or automated calls. Consent is not a condition for legal representation and services. If you do not wish to receive text messages or automated calls from Attorneys, their agents, designees, and/or associated third parties, please let us know in writing at any time in the future.
Consumer Disclosure for Electronic Delivery. In compliance with the U.S. Electronic Signatures in Global and National Commerce Act, known as the E-Sign Act, Zimmerman Reed is providing you with the following information regarding your decision to receive information in electronic form.
Electronic Delivery. In conjunction with this document signature request and future document signature requests, Zimmerman Reed will send you document notifications, records, notices, disclosures, acknowledgements, and other communications in electronic form and not printed on paper unless you expressly request otherwise from us.
Providing or Withdrawing Consent for Electronic Delivery. You have the right to decline consent to receiving documents and records in electronic format. You may decline to receive this document by abandoning this website session and not using this system, and you may decline to receive future documents and records electronically from the document sender by emailing them with your request. If you sign this document, you are providing affirmative consent for the use of electronic records for this particular transaction only and demonstrating that you can access information in the electronic form that will be used to provide the information that is the subject of this consent.
Changing Your Contact Information. To change the email address where you would like to receive electronic communications, please send an email to Zimmerman Reed (clientservice@zimmreed.com), containing both your old and new email address.
