1. I understand and agree that these Terms will only become effective if Hattis PLLC d / b / a Hattis & Lukacs (“Lawyers”) informs me via email that they have accepted this request and I have therefore been selected to be a client.
2. If I am selected to be a client, attorneys will represent me for the sole purpose of investigating and, if appropriate in the attorneys’ opinion, bringing an arbitration action against Altice USA, Inc. and its affiliates d/b/a Suddenlink and Optimum (hereinafter referred to as “Altice”) before the American Arbitration Association (“AAA”) to pursue my claims in arbitration for my Altice “Network Improvement Fee” payments (“Fees”).
3. I understand that if I am selected to be a client, the AAA may refuse or be unable to conduct arbitration. For example, Altice may refuse to participate in the arbitration or pay the required fees for it. I agree that if the American Arbitration Association refuses or is unable to conduct arbitration, attorneys may immediately terminate the attorney-client relationship and not represent me in any capacity.
4. If I am selected to be a client and a difference of opinion occurs between myself and the attorneys on an important issue, the attorneys will have the right to withdraw as attorney of record, and I will have the right to discharge attorneys in my individual capacity as attorney. I also acknowledge that attorneys have the right to stop representing me at any time if they believe, in their professional discretion and consistent with their ethical responsibilities, that my potential claims are unlikely to lead to recovery.
5. If I am selected to be a client, I agree that attorneys may, and I agree to represent attorneys, represent multiple clients with similar or identical claims against Altice.
6. Lawyers intend to represent several clients who have similar or identical claims against Altice. At this time, attorneys are not aware of any conflicts of interest that may have a negative impact on attorneys representing you. However, it is possible that conflicts may arise in the future, including: Altice offers a bulk or “one-time payment” settlement to all ATTORNEYS customers that does not specify how much each customer will receive; Or Altice offers settlement, but only if a certain percentage, or even all ATTORNEYS customers, accept the proposed settlement. Attorneys may also be required under applicable code of professional conduct to share material information about your claims and negotiating position with other attorneys clients who have similar claims. While lawyers will try to avoid these issues if practical, they may occur. If you have been selected to be a client and any conflict of interest affecting you arises, our attorneys will immediately notify you and work with you on the best way forward in accordance with the applicable code of professional conduct.
7. If I am selected to be a client, and my case is resolved by settlement with Altice prior to commencement of arbitration with the American Arbitration Association (i.e. before Altice has paid all AAA filing fees and before an arbitrator in my case has been appointed), then I agree that the attorneys They will receive a flat attorney’s fee of $750 from any refund from Altice as payment for preparing my claim, submitting an application to Altice, and negotiating a solution. In this case, any amount greater than $750 recovered from Altice would be my property to keep. I agree that $750 is a reasonable attorneys fee for settling my claims prior to the commencement of arbitration, and reflects the time, effort, expense, and skill attorneys will put into my case up to that point. I understand that attorneys’ compensation is not set by law but is negotiable between attorney and client. (Some state laws require us to disclose our usual hourly rates; these rates, which will not be charged to you, range from $200 for entry-level paralegals to $800 for senior partners.)
8. If I am selected to be a client, and my case is resolved after the commencement of the arbitration with the AAA (i.e. after payment of all AAA registration fees and after the appointment of the arbitrator), I authorize attorneys to apply to the arbitrator or obtain directly from Altice attorneys’ fees and costs separately and distinct from any payments I receive for my claims. In the event that Altice does and accepts a settlement of my claims that does not include a separate payment to attorneys for reasonable attorneys’ fees and costs, I agree that attorneys will be entitled to compensation for their services in the amount of one-third (33-1/3%) of my cash recovery under these settlement. I understand that attorneys’ compensation is not set by law but is negotiable between attorney and client.
9. If I am selected to be a client, the attorneys are hereby authorized but not obligated to accept, without further authorization or direction by me, an offer of settlement, which includes: (i) a payment from Altice to me equal to or greater than the amount of all network improvement fee payments that you by paying it to Altice; and (ii) a payment by Altice to ATTORNEYS for attorneys’ fees and costs separate and distinct from any payments I receive for my claims.
10. If I am selected to be a client, I authorize attorneys jointly with other attorneys to assist with my potential claims without incurring any additional expenses.
11. If I am selected to be a client, I will timely provide attorneys with any information or documents reasonably required by attorneys and, if necessary, to provide evidence in arbitration. If I do not respond in time to attorneys’ requests, including for the purpose of a possible settlement, I understand that attorneys may terminate the attorney-client relationship immediately so that attorneys no longer represent me in any capacity.
12. If selected to be a client, I authorize attorneys to provide a Notice of Dispute document to Altice with my digital signature that states: I have retained attorneys to represent me in connection with my claims; Information necessary to notify Altice of my claims including my account number, service address and related contact information; and that I authorize Altice to provide attorneys with my confidential account records if necessary in the resolution of my claims.
13. I acknowledge that the attorneys have not and will not make any guarantees as to the outcome of my claims.
14. I authorize the attorneys to send text messages related to this matter to the phone number or numbers you have provided in this application in order for me to be a customer. I acknowledge that I subscribe to these numbers and have the authority to give this consent. (You do not need to provide this authorization to us to represent you. If you do not wish us to contact you via text message, please let us know by sending an email to firstname.lastname@example.org indicating that you do not wish to receive text messages.)