1. I understand and agree that these terms will become effective ONLY if Hattis Law PLLC d/b/a Hattis & Lukacs (“ATTORNEYS”) signs this document.
2. If I am chosen to be a client, ATTORNEYS will represent me for the purpose of investigating, and if appropriate in the ATTORNEYS’ opinion, filing an arbitration against Sirius XM Radio Inc. (“SiriusXM”) before the American Arbitration Association or other arbitral organization (“arbitral organization”) specified in SiriusXM’s Customer Agreement to pursue my claims in arbitration concerning my payments of SiriusXM’s “U.S. Music Royalty Fee” (the “Fee”).
3. I understand that, if I am chosen to be a client, it is possible the arbitral organization may refuse or be unable to hold the arbitration. For example, SiriusXM may refuse to pay the required fees for the arbitration or to comply with the arbitral organization’s requirements. I agree that, if the arbitral organization refuses or is unable to hold the arbitration, then ATTORNEYS may immediately terminate the attorney-client relationship and no longer represent me in any capacity.
4. If I am chosen to be a client and a difference of opinion arises between me and ATTORNEYS on a significant issue, ATTORNEYS shall have the right to withdraw as my counsel of record, and I shall have the right to discharge ATTORNEYS as my individual counsel. I also acknowledge that ATTORNEYS have the right to stop representing me at any time after notice to me based on their professional judgment and consistent with their ethical responsibilities.
5. If I am chosen to be a client, I agree that ATTORNEYS may represent, and I consent to ATTORNEYS representing, multiple clients with similar or identical claims against SiriusXM.
6. ATTORNEYS intend to represent many clients with similar or identical claims against SiriusXM. At this time, ATTORNEYS know of no conflicts of interest that would have an adverse impact on ATTORNEYS’ representation of me. It is, however, possible that conflicts may arise in the future, including: SiriusXM offers an aggregate or “lump sum” settlement to all of ATTORNEYS’ clients that does not specify the amount each client will receive; or SiriusXM offers to settle, but only if a certain percentage, or even all, of ATTORNEYS’ clients accept the proposed settlement. ATTORNEYS also may be required by the applicable rules of professional conduct to share material information about my claims and negotiating position with ATTORNEYS’ other clients with similar claims. While ATTORNEYS will try to avoid these issues if it is practical to do so, they might occur. If I am chosen to be a client and any conflict of interest affecting me does arise, ATTORNEYS will inform me promptly and work with me on how best to proceed in accordance with the applicable rules of professional conduct.
7. If I am chosen to be a client, and my case is resolved via settlement with SiriusXM BEFORE an arbitration has commenced (i.e., before all arbitration filing fees have been paid by SiriusXM and before the arbitrator for my case has been appointed), then I agree that ATTORNEYS will be entitled to a flat attorneys’ fee of $750 out of any recovery from SiriusXM as payment for having prepared my claim, having made a demand to SiriusXM and having negotiated a resolution. In that event, any amount greater than $750 that is recovered from SiriusXM will be mine to keep. I agree that $750 is a reasonable attorneys’ fee for settlement of my claims prior to an arbitration being commenced and is reflective of the time, effort, expense and skill ATTORNEYS will put into my case up until 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 regular hourly rates; these rates, which will not be charged to you, range from $200 for junior paralegal staff to $800 for senior partners.)
8. If I am chosen to be a client, and my case is resolved AFTER the arbitration has commenced (i.e., after all arbitration filing fees have been paid and after the arbitrator has been appointed), I authorize ATTORNEYS to apply to the arbitrator for, or to obtain directly from SiriusXM, attorneys’ fees and costs separate and distinct from any payment I receive for my claims. I understand that ATTORNEYS’ compensation is not set by law but is negotiable between attorney and client.
9. If I am chosen to be a client, I authorize ATTORNEYS to do any of the following at ATTORNEYS’ discretion and without further authorization or direction by me: (a) reject or opt out of amendments or proposed amendments to the Customer Agreement on my behalf, and take any other action to effectuate such a rejection or opt-out; (b) file an arbitration against SiriusXM before the American Arbitration Association or other arbitral organization to pursue my claims in arbitration concerning my payments of the Fee; (c) take all actions and provide all information on my behalf necessary or appropriate (as determined by ATTORNEYS) to comply with the dispute resolution provisions of SiriusXM or of an arbitral organization; (d) appear on my behalf at video conferences or other proceedings required or allowed by the dispute resolution provisions of SiriusXM or of an arbitral organization; (e) bring a lawsuit in court to compel arbitration or to enforce the arbitration agreement; (f) provide information necessary to notify SiriusXM of my claims, including, without limitation, my contact information, my account information, my service addresses, information regarding my vehicles, and other relevant information; (g) receive from SiriusXM my confidential account records or information; (h) present a document on my behalf that states that I have retained ATTORNEYS to represent me with regard to my claims and which lists the actions authorized by this paragraph; (i) present this attorney representation agreement (although ATTORNEYS retain the right to first object to or seek an order preventing its production); and (j) take any other action ATTORNEYS deem proper to effectuate the terms and goals of this attorney-client relationship.
10. If I am chosen to be a client, ATTORNEYS are hereby authorized but are not obligated to accept a settlement offer, without further authorization or direction by me, that includes: (1) a payment by SiriusXM to me equal to or more than the amount of all of the Fee payments I have made to SiriusXM within the applicable statute of limitations; and (2) a payment by SiriusXM to ATTORNEYS for attorneys’ fees and costs separate and distinct from any payment I receive for my claims. If I am chosen to be a client, ATTORNEYS are hereby authorized but are not obligated to reject a settlement offer, without further authorization or direction by me, that: (1) includes a payment that is not paid into the Hattis & Lukacs Attorney Trust Account or a third-party administrator for distribution to me or other claimants, or (2) that does not include an offer to pay ATTORNEYS a reasonable amount of attorneys’ fees and costs.
11. If I am chosen to be a client, I authorize ATTORNEYS to associate with other attorneys to assist with my potential claims at no additional expense to me.
12. If I am chosen to be a client, I will respond to communications from ATTORNEYS on a timely basis. I will provide to ATTORNEYS on a timely basis any information or documents reasonably requested by ATTORNEYS and, if necessary, to provide evidence in the arbitration. If I do not timely respond to communications from or requests by ATTORNEYS, including communications regarding their representation of me or communications or requests related to a potential settlement, I understand that ATTORNEYS may immediately terminate the attorney-client relationship such that ATTORNEYS would no longer represent me in any capacity.
13. I acknowledge that ATTORNEYS have not and will not provide any guarantee about the outcome of my claims.
14. I authorize ATTORNEYS to send me text messages related to this matter to the phone number or numbers I provided in this application to be a client. I represent that I am the subscriber of those numbers and that I have the authority to give such consent. (You are not required to provide this authorization for us to represent you. If you do not wish us to communicate with you via text message, please let us know by sending an email to email@example.com indicating that you do not wish to receive text messages.)