DB Explains

Summary

In this informative video, Arizona attorney Don Bivens outlines the key terms of a retention agreement for individuals interested in participating as plaintiffs in a lawsuit against Google for privacy violations related to its incognito mode. Bivens explains the roles and responsibilities of the law firms involved, details the calculation of attorney's fees based on total recovery, and emphasizes the importance of client cooperation throughout the legal process. He also highlights potential risks and encourages clients to read the entire agreement carefully before signing, ensuring they understand their rights and obligations.

Takeaways

• 😀 Don Bivens, an Arizona attorney, outlines a retention agreement for potential plaintiffs in a lawsuit against Google regarding privacy violations in incognito mode.
• 📄 Signing the retention agreement means clients are retaining both Don Bivens, PLLC and Potter Handy, LLP as their legal counsel.
• ⚖️ Clients give the law firms discretion on how to pursue their claims, including the option for settlement, with the final decision on settlement terms remaining with the clients.
• 💰 Attorney fees will be calculated as the greater of either 40% of the total gross recovery or the court-awarded fees, with an example illustrating these calculations.
• 🔄 The total attorney fees will be divided equally (50/50) between the two law firms involved in the case.
• 📊 Costs incurred by the law firms, such as court fees and investigation expenses, will be deducted from the recovery after attorney fees are calculated.
• 📞 Clients must maintain open communication with their attorneys and provide updated contact information throughout the case.
• 🗣️ Attorneys will primarily communicate with clients through electronic means, such as email and text, rather than in-person meetings or phone calls.
• 🔍 Clients authorize background checks to verify information necessary for the case, which is solely for the law firms' use.
• 🗂️ Upon conclusion of representation, clients retain access to their documents, but hard copies will be destroyed after 60 days, with digital records kept for four years.

Q & A

Who is presenting the retention agreement?

The retention agreement is presented by Don Bivens, an Arizona attorney and former president of the State Bar of Arizona.

What is the purpose of the retention agreement?

The retention agreement outlines the terms under which clients will be represented in pursuing claims against Google for violations of privacy rights while using incognito mode.

What should clients do before signing the retention agreement?

Clients should read the retention agreement carefully and may consult independent legal counsel if they have questions.

What discretion do the law firms have regarding the case?

The law firms have full discretion on how to pursue claims, whether as individual cases or part of a class action lawsuit, and can decide when to settle a case.

How are attorney's fees determined according to the agreement?

Attorney's fees are either 40% of the total gross recovery or the amount awarded by the court, whichever is greater, with fees split 50/50 between the two firms.

What are 'costs' in the context of the retention agreement?

'Costs' refer to expenses incurred by the law firms in pursuing claims, such as court filing fees and investigation costs, which will be deducted from the recovery after attorney's fees.

What are the client's responsibilities outlined in the agreement?

Clients must be truthful, inform the firms of any developments, provide relevant documents, appear at legal proceedings, and cooperate fully with the law firms.

What should clients expect regarding communication with their attorneys?

Clients can expect most communication to be electronic, with limited face-to-face meetings with attorneys.

What does the agreement state about background checks?

Clients authorize the firms to conduct background checks for the purpose of verifying information necessary for accurate representation.

What rights do clients have regarding their documents after the case concludes?

Clients have the right to their documents and records, which will be maintained digitally for four years before potential disposal.