WP E-Signature by Approve Me - Sign Documents Using WordPress -

PSA + Consent

Thank you for retaining Forester Haynie, PLLC (the “Firm”) to represent you in your wage claim (the “case”). As appropriate, various attorneys within the Firm (and any referring law firm), may participate in your case. In addition, the Firm may utilize the services provided by our staff or may associate outside counsel to assist in the case as the Firm deems necessary. The scope of our representation may expand from the work described above (a) as specifically agreed in writing, or (b) to the extent of work actually rendered and billed.

SCOPE OF REPRESENTATION:This Attorney/Professional Services Agreement (“Agreement”) is between Forester Haynie, PLLC (the “Firm”) and the below named “Client” for legal representation in prosecuting claims for damages due to Client’s allegation that Client’s current or former alleged employer(s), and any of its/their officers, agents, parent companies, joint or successor employers, subsidiaries and representatives (together, “Defendant”) did not pay all compensation due under either the federal Fair Labor Standards Act (“FLSA”) or applicable state or local law. Client authorizes the Firm to file suit or demand arbitration on all claims for unpaid wages in Client’s name and on behalf of all others similarly situated as determined by the Firm, to prosecute those claims to judgment, to incur expenses, and to negotiate the settlement of the claims against Defendant. After appropriate investigation, the Firm reserves the right to rescind this Agreement.

Client has not contracted with the Firm for representation and/or legal advice in any matter other than representation and/or legal advice with respect to wage and hour disputes. The scope of representation by the Firm may expand from the above description only (a) as specifically agreed in writing, or (b) to the extent of work actually rendered and billed. Client has not hired the Firm to provide tax advice. The Firm makes no representation regarding whether any recovery obtained is taxable or not. This Agreement specifically excludes providing financial, tax, and non-litigation advice.
ASSIGNMENT OF CLAIM/ATTORNEY’S FEES: This Agreement is a contingency fee contract. In consideration of the services rendered and to be rendered to Client, Client does hereby grant, assign, and convey to the Firm as Attorney’s Fees an undivided interest of 40% of the gross amount of money recovered for back wages, liquidated damages, any other recovered amounts, and interest (hereafter, in this section, “Damages”), without regard for any amounts recovered by any counter-claims asserted by Defendant, whether Client’s case is actually tried before a judge or jury or settled. If either Client or Defendant files a notice of appeal, the Firm shall receive attorney’s fees in the amount of 45% of the gross amount recovered. This interest survives even if the Firm does not participate in the event of appeal or the collection of the judgment. Furthermore, notwithstanding the percentage contingency interest attributable to recovery after appeal, the Firm is under no obligation to pursue an appeal on behalf of Client but may do so at its sole discretion. The Firm will not enter into a settlement agreement without the approval of Client, and Client also agrees not to make an offer of settlement or enter into any settlement agreement without notification to and participation by the Firm.

If applicable, the Firm may seek court-awarded attorney’s fees from Defendant for the Firm’s reasonable and necessary attorney’s fees at prevailing and reasonable hourly rates. The Firm may also separately negotiate attorney’s fees on behalf of Client and any class or collective action members in addition to the Damages allegedly owed by Defendant. Any such court-awarded or separately negotiated attorney’s fees shall be added to any recovery for Damages to determine the gross amount recovered. If the court-awarded or separately negotiated attorney’s fees exceed 40% of the gross amount recovered (or 45% of the gross amount recovered, in the event of the filing of a notice of appeal), then all of the court-awarded or separately negotiated attorney’s fees will be retained by the Firm. In that instance, Client shall retain all of the recovery for Damages, and the Firm shall retain all of the court-awarded or separately negotiated attorney’s fees and costs. Because more than one plaintiff may be involved in Client’s case against Defendant, any court-awarded or separately negotiated attorney’s fees will be credited to Client pro rata based on Client’s individual recovery relative to that of the total class recovery.

If the Firm does not recover money for Client, Client will not owe any Attorney’s Fees. The Firm is not requiring Client to provide a retainer fee, and the Firm is assuming the risk for whether it will be compensated for its legal services and costs rendered on behalf of Client, and this is the reason for the contingency fee arrangement as opposed to Client paying hourly out-of-pocket legal fees and costs regardless of case success. Client and the Firm agree that the attorney’s fees described herein are not set by law, but rather were negotiated between Client and the Firm in the making of this Agreement. If payment of all or any part of the amount to be received will be deferred (such as an annuity, a structured settlement, or periodic payments), the gross amount recovered for purposes of calculating attorney's fees will be the initial lump-sum payment plus the present value—as of the time of settlement, final arbitration, or final judgment—of the payments to be received thereafter. Attorney’s fees will be paid out of the initial lump-sum payment. If the payment is insufficient to pay attorney’s fees in full, the balance will be paid from subsequent payments of the gross amount recovered before any distribution to Client.
EXPENSES: It will be necessary for the Firm to incur out-of-pocket costs and expenses on behalf of Client in connection with the prosecution of Client’s claims against Defendant. These costs and other expenses may include, but are not limited to, the following: filing and service fees; legal research fees; travel expenses (including air fare, ground transportation, vehicle mileage, lodging and meals); deposition expenses and court reporter fees; mediation fees and expenses; expert witness fees; and miscellaneous copying, postage, shipping, and courier expenses. A case handling fee, anywhere from $300.00 to $800.00, may be charged in lieu of billing for office expenses. This case handling fee will be added to the actual expenses incurred. Attorneys shall have full authority to decide which costs and expenses are to be incurred to further the case. If Client insists that certain costs or expenses be incurred that the Firm believes are unnecessary, these additional costs must be paid by Client. Prior to any such additional costs or expenses which the Firm believes to be unnecessary being incurred the Firm will notify Client of the need to pay for these costs. If the Client incurs costs or expenses (e.g., minibar hotel expenses) that Attorneys believe to be unnecessary to the case, the Client must pay for such costs or expenses. Client agrees that Attorneys will be reimbursed for all costs and expenses from Client’s share of the gross amount recovered prior to Client receiving payment. Upon receipt by the Firm of the proceeds of any settlement, judgment or other payment from Defendant, the Firm shall (1) retain Attorney’s Fees as described above, (2) deduct from Client’s share of the gross amount recovered any costs, expenses, and interest that has been charged on the same (3) disburse the remainder of Client’s share of the proceeds to Client. Client understands that the Firm may incur certain expenses that jointly benefit multiple clients of the Firm relating to the subject matter of Client’s case. Client agrees that the Firm may divide such expenses pro rata as between Client and any other clients who benefited from such expenses.

If the Client has failed to keep the Firm apprised of the Client’s current contact information and thus Client cannot be located, Client hereby authorizes the Firm to make any decisions the Firm believes to be in the Client’s best interest. Client has agreed that Forester Haynie, PLLC will employ the services of Melinda Arbuckle and Ricardo J. Prieto of Wage and Hour Firm (hereafter “Co-Counsel”) to prosecute Client’s claim. Co-Counsel will assume joint responsibility for the prosecution of Client’s case with the Firm. At the conclusion of the case, if a recovery is made on Client’s behalf, Co-Counsel will share Attorney’s Fees with the Firm on the following basis: 60% to the Firm, 40% to Co-Counsel. The fee to Co-Counsel will not increase the total fee owed by Client. Client understands and approves the division of legal fees to Co-Counsel.
COOPERATION:Client agrees to disclose truthfully and fully all facts and information related to the case. Client also agrees to promptly (a) cooperate with the Firm in the investigation, preparation and trial of this case, (including providing the Firm with all requested documents and information), (b) appear at all necessary meetings, preparation sessions, depositions and required appearances for hearings and trial, and (c) comply with all reasonable requests of the Firm. Client hereby agrees that the address, email address and telephone number which the Client has provided herein is correct. Client further hereby agrees to provide the Firm, in writing, a new address, email address or telephone number immediately upon any change. Client hereby authorizes communications via phone, email, mail, or text from Forester Haynie PLLC so that they may be contacted or updated regarding the case as appropriate.
TERMINATION/WITHDRAWAL: Either Client or the Firm may terminate this Agreement at any time and for any reason upon written notice to the other. If the Firm elects to terminate the Agreement and/or withdraw from representation of Client, the Firm shall give Client reasonable notice to enable Client to secure other counsel, and Client will execute any documents necessary to complete the withdrawal. Further, if the Firm elects to withdraw, the Firm is entitled to reimbursement, from any future recovery on the case for any, as yet un-reimbursed, actual expenses and case handling fees which were incurred by the Firm prior to the Firm’s withdrawal. If Client elects to terminate the Agreement, for any reason other than good cause, as defined by Texas law, Client acknowledges that the Firm will be reimbursed all its expenses, and the Firm will continue to maintain all interests in the assignments of claim, as set forth above, (including its Attorney’s Fee interest). Client agrees to take all reasonable steps to ensure that such interests are protected. If Client terminates the services of the Firm for good cause, as defined by Texas law, Client acknowledges that the Firm will be reimbursed all its expenses and paid a reasonable attorney’s fee for all time expended. In the event Client chooses to change representation to any attorney outside this Firm, a written notice authorizing the transfer of Client’s files must be submitted. The Firm reserves the right to retain copies of case documents.
GROUP SETTLEMENT: Client understands that the Firm may determine that it is in Client’s best interest for Client’s case to be filed and/or go to trial with and/or be settled with a larger group of claimants. Client retains the right to accept or reject any such settlement offers. Client gives permission to the Firm to disclose Client’s name, claim information, gross settlement offer amount, net settlement offer amount, or other material terms of Client’s settlement offer to other claimants also represented by the Firm who may receive settlement offers as part of the same case or action, to the extent that such disclosure is necessary to comply with any applicable court or arbitrator orders, and/or applicable disciplinary and ethics rules. Additionally, Client understands that if a dispute subsequently arises between clients represented by the Firm that the attorney-client privilege may not be available for assertion by Client against other such clients.
POWER OF ATTORNEY: Client gives the Firm a power of attorney to execute all reasonable and necessary documents connected with the prosecution of Client’s case, including pleadings, contracts, checks or drafts, settlement agreements, compromises and releases, verifications, dismissals, and all other documents which Client could properly execute. The final decision of whether the Client’s case will be settled is up to the Client; however, should Client accept a settlement amount below what the Firm has advised is an acceptable amount to settle claim, (or reinstatement or severance pay/terms are part of settlement), the Client may have to pay additional amounts as attorney’s fees, including the hourly billing rate of the attorneys and staff of the Firm times the number of hours expended by those individuals. If the Client has failed to keep the Firm apprised of the Client’s current contact information and thus Client cannot be located, Client hereby authorizes the Firm to make any decisions the Firm believes to be in the Client’s best interest. Furthermore, if funds are recovered on behalf of Client, and Client cannot be located through reasonable efforts, Client authorizes the Firm to disburse and receive from the gross amount recovered held in its trust and/or escrow account(s) the Attorney’s Fees and Expenses due under this Agreement and hold the remainder of Client’s interest in trust.
NO GUARANTEE OF SUCCESS:Client acknowledges that there is no assurance or guarantee that the Client will obtain any recovery of money or property or of a favorable outcome of any kind because of the Client’s employment of the Firm. The Client further acknowledges that no representation or warranty of any kind has been made by the Firm, or any employee or agent of the Firm, regarding Client’s chances of success in obtaining any recovery of money. Furthermore, the Firm has not guaranteed that it will obtain reimbursement to Client of any of Client’s costs or expenses resulting from prosecution of the case. Client is aware that litigation is a long and expensive process. By signing and entering this agreement, Client hereby affirms that Client’s case was not solicited by the Firm, contacted without first reaching out to or consenting to contact by the Firm or contacted in any other manner that violates the Texas Disciplinary Rules of Professional Conduct.
VENUE AND NOTICE: This Agreement shall be governed by and construed according to the laws of the State of Texas. Client and the Firm expressly agree that this Agreement is entered into in Dallas County, Texas, which shall also be the place of performance of the contract and for venue of any dispute arising from this agreement. Furthermore, this contract contains all agreements of the parties. The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office General Counsel will provide you with information about how to file a complaint. For information, call 1-800-932-1900.

READ CAREFULLY: THIS IS YOUR CONTRACT. IT PROTECTS BOTH YOU AND YOUR ATTORNEYS AND WILL PREVENT MISUNDERSTANDINGS IN THE FUTURE. EACH PROVISION OF THIS CONTRACT IS IMPORTANT. IF YOU DO NOT UNDERSTAND ANY PROVISION OR PART OF THIS CONTRACT, PLEASE ASK THE ATTORNEYS TO EXPLAIN BEFORE YOU SIGN.

NOTICE OF CONSENT TO BE A PARTY PLAINTIFF

Fair Labor Standards Act of 1938, 29 U.S.C. 216(b)

I hereby consent to be a party plaintiff seeking unpaid wages, liquidated damages, and all other available damages (“damages”) in the case in which this consent is filed. I further acknowledge that this consent is intended to be filed to recover damages against Defendant and all entities and/or individuals that may be employers, joint employers, and/or jointly liable with Defendant in any action or proceeding that may be filed on my behalf for such recovery, and that this consent may be used or refiled in any such case or proceeding as necessary to the maximum extent allowed by law. I agree to be the named plaintiff and/or one of the named plaintiffs and a representative of the class/collective action members in this case. I agree to make decisions on behalf of any and all class/collective action members as to the method and manner of conducting the case including settlement, entering into an agreement with counsel regarding the payment of attorney’s fees and costs, and all other matters pertaining to the action or proceeding. For purposes of pursuing damages, I choose to be represented by the law firms of Forester Haynie, PLLC and Wage and Hour Firm, and any other attorneys or law firms with which they choose to associate.

AGREED and APPROVED:

Leave this empty:

Your legal name

Your email address

Please Confirm full name and signature.

Draw Signature
Type In Signature

Draw your signature with your mouse, tablet or smartphone Clear

I agree that I am and I agree this is a legal representation of my signature for all purposes just the same as a pen-and-paper signature

I agree that I am and I understand this is a legal representation of my signature

Adopt & Sign

Signed by Forester Haynie
Signed On: January 11, 2023

Timestamp

Audit

March 6, 2019 2:05 pm CDT

PSA + Consent Uploaded by Forester Haynie - intake@foresterhaynie.com IP 104.51.187.194