PSA - Delivery Driver

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.

I. SCOPE OF REPRESENTATION: The below-named “Client” authorizes the Firm to sue on all claims for unpaid wages in the name of the Client and on behalf of all others similarly situated as determined by the Firm, to prosecute these claims to judgment, to incur expenses, and to negotiate the settlement of the claims against Client’s former/current employer(s) and any of its officers, agents, parent corporations, joint or successor employers, subsidiaries and representatives (collectively “Defendant”). After appropriate investigation, the Firm reserves the right to rescind this contract. The Firm is not obligated to take the case on appeal or collect any judgment and will advise Client before any action is required on these matters.  

II. ASSIGNMENT OF CLAIM/ATTORNEYS’ FEE: In consideration of the services rendered and to be rendered to Client, Client grants, assigns, and conveys to the Firm as reasonable attorneys’ fee an undivided interest of 40% of the gross amount recovered for back wages, liquidated damages, any other recovered amounts, and interest, without regard for any amounts recovered by any counter-claims asserted by Defendant whether actually tried before a judge or jury or settled. If the Firm is successful in recovering money for Client – either by settlement or by judgment – after any party files a notice of appeal, the Firm shall receive an additional 5% of the gross amount of money recovered as attorneys' fees.  This interest includes attorneys’ fees for the involvement of any referring law firm or outside counsel; therefore, the amount you may owe the Firm will not be increased by the additional involvement of lawyers that are retained to assist in handling your case.  This interest survives even if the Firm does not participate in the event of appeal or the collection of the judgment. The Firm will not enter a settlement agreement without the approval of Client, and Client also agrees not to make an offer of settlement or enter any settlement agreement without notification and participation of the Firm.  The Firm may seek court awarded attorneys’ fees on behalf of Client and any class or collective action member’s behalf and may negotiate a separate amount for attorneys’ fees in addition to the wages and damages allegedly owed to Client.  Any court awarded or negotiated attorneys’ fees will be added to any recovery for back wages, liquidated damages, and interest to determine the gross amount recovered.  If the court awarded or negotiated attorneys’ fees exceed the amount of fees to the Firm under this agreement, the awarded or negotiated attorneys’ fees will be retained by the Firm.  Because more than one plaintiff may be involved in Client’s case against Defendant, any court-awarded attorneys’ fees will be credited to Client on a percentage ratio equivalent to Client’s individual recovery to that of the total class recovery. 

III. EXPENSES:   In consideration of the services to be rendered by the Firm, the Client hereby agrees to reimburse the Firm, out of his or her share of the recovery, all expenses incurred by the Firm, including any expense incurred by the Firm because of the representation of the Client. A case handling fee, anywhere from $250.00 to $750.00, may be charged in lieu of billing for office expenses.  The Firm is also to be reimbursed for the actual expenses incurred.  The Client hereby authorizes the Firm to incur and pay all costs and expenses the Firm deems necessary in pursing the Client’s claim.  The Client expressly authorizes the Firm to retain a reasonable amount of the Client’s portion of recovery up to ninety (90) days after disbursement to the Client for payment of any outstanding expenses incurred in the case.  After ninety (90) days, the Firm will forward the remaining portion of such retained amount to the Client. This contract does not require the Client to pay any expenses unless and until a recovery is obtained.  However, if the Client insists that certain costs be incurred that the Firm believes are unnecessary, these additional costs must be paid by the Client.  Prior to any such expenses being incurred the Firm will notify the Client of the need to pay for these costs. Should the Client be notified of the need to pay for certain expenses, but he or she fails to pay these additional expenses, the Firm may withdraw from its representation of the Client and maintain a portion of the interest in the case, as well as maintain the right to be reimbursed for any expenditures in the case. Normal expenses incurred in the average case range from $3,000.00 to $8,000.00.

IV. COOPERATION OF THE CLIENT: The Client agrees to disclose truthfully and fully all facts and information related to the case. Client also agrees to (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 depositions and required appearances, and (c) comply with all reasonable requests of the Firm.  The Client recognizes and acknowledges that his or her failure to do so shall constitute lack of cooperation on the part of the Client. The Client hereby agrees that the address, email address and telephone number which the Client has provided herein is correct.  The Client further hereby agrees to provide the Firm, in writing, a new address, email address or telephone number immediately upon any change.  The Client’s failure to provide the Firm with a current up-to-date address, email address and telephone number shall constitute lack of cooperation on the part of the Client.  The Client hereby agrees and acknowledges that any lack of cooperation on the part of the Client shall be grounds for and provide good cause for the Firm’s withdrawal.

V. PERMISSION TO WITHDRAW: Client agrees the firm shall have the right to withdraw from representation if:

(A) Client breaches this agreement;

(B) Client fails to cooperate in the representation;

(C) Client fails to keep the Firm informed as to his/her current address, email address, home and work phone numbers; or

(D) For professional or ethical reasons, the Firm cannot proceed with the representation.

If the Firm elects to withdraw, 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 the Client terminates the services of the Firm for any reason other than good cause, as defined by Texas law, the 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 attorneys’ fee interest).  Client agrees to take all reasonable steps to ensure that such interests are protected.  If the Client terminates the services of the Firm for good cause, as defined by Texas law, the Client acknowledges that the Firm will be reimbursed all its expenses, and paid a reasonable attorneys’ 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.

VI. OTHER PROFESSIONALS AND REFERRALS: The Client authorizes the Firm to employ such other professionals, including other attorneys, as the Firm deems appropriate in connection with the Firm’s employment under this agreement.  Your portion of the recovery will not be affected by the involvement of other counsel.

VII. LIMITED POWER OF ATTORNEY:  The Client authorizes the Firm to sign, on behalf of the Client, all documents, of all types, necessary or helpful in performing the obligations of the Client and the Firm under this agreement, including, but not limited to, all pleadings, motions, orders, judgments, releases, stipulations, loan documents, applications, settlement documents, settlement checks, checks, collection items, draws, drafts, endorsements, consents, waivers, and approvals.  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 attorneys’ 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 address, email address and phone number, 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.

VIII. OPPOSING PARTIES’ COURT COSTS:   The Client recognizes and acknowledges that if his or her case goes to trial and the Client loses, the Court may render a judgment against the Client for the court costs that were incurred by an opposing party.  In addition, it is possible that a Court could render a judgment against the Client for the opposing party’s attorneys’ fees, if the Court finds that the lawsuit was frivolous or filed in bad faith.  The Client recognizes that satisfying such judgment will be the sole obligation of the Client and will not be the obligation or responsibility of the Firm.

IX. RESULTS NOT CERTAIN: The Client acknowledges that there is no assurance or guarantee that the Client will obtain any recovery of money or property 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 the Client’s chances of success in obtaining any recovery of money. 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 or other states’ equivalent ethical and professional rules.

X. TAX ADVICE: The Client acknowledges that the Firm does not practice taxation law and that the Firm does not provide counsel or advice on the tax consequences of any case, judgment, recovery or settlement.

XI. VENUE AND NOTICE: This contract 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.







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

            I consent to be a party plaintiff in the case in which this consent is filed.  By joining this lawsuit, I designate the named plaintiff(s) in the case in which this consent is filed and his/her attorneys (and other persons those individuals designate as necessary) as my representatives to make all decisions on my behalf, to the extent permitted by law, concerning the method and manner of conducting the case including settlement, the entering of an agreement with Plaintiff’s counsel regarding payment of attorneys’ fees and court costs, and all other matters pertaining to this lawsuit.  I further acknowledge that I intend for this consent to be filed in order to recover any unpaid wages owed to me by my current/former employer whether this consent is filed in this action or in any private cause of action that may be filed on my behalf for such recovery at a later time.  For purposes of pursuing my unpaid wage claims I choose to be represented by Forester Haynie PLLC and other attorneys with whom they may associate.



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Signed by Forester Haynie
Signed On: February 17, 2022

Signature Certificate
Document name: PSA - Delivery Driver
lock iconUnique Document ID: 2a4566344604fecc9a484be8b8a815ca8c3c05a0
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February 14, 2018 1:18 pm CDTPSA - Delivery Driver Uploaded by Forester Haynie - IP