Nissan Maxima Paint Litigation
Nissan Maxima Paint Litigation
Has anyone else gotten more info on the whole litigation thing???
I just recieved a AUTHORIZATION TO REPRESENT, a CONTINGENT FEE AGREEMENT, a DUTIES OF A CLASS REPRESENTATIVE, and a STATEMENT OF CLIENT’S RIGHTS.
and a note saying "Thank you for promptly completing the Nissan Maxima Information Form. It
appears you will qualify as a class representative. We will be in contact
shortly to discuss your involvement in the case. In the interim, I have
attached our standard form retainer agreement for class representatives.
Please review, and if you have any questions, do not hesitate to call. If
you do not have any questions regarding the agreement, you may return the
executed pages by fax to number"
If anyone wants I can post what the whole letters say for you more legaleze types that might wanna see it.
I just recieved a AUTHORIZATION TO REPRESENT, a CONTINGENT FEE AGREEMENT, a DUTIES OF A CLASS REPRESENTATIVE, and a STATEMENT OF CLIENT’S RIGHTS.
and a note saying "Thank you for promptly completing the Nissan Maxima Information Form. It
appears you will qualify as a class representative. We will be in contact
shortly to discuss your involvement in the case. In the interim, I have
attached our standard form retainer agreement for class representatives.
Please review, and if you have any questions, do not hesitate to call. If
you do not have any questions regarding the agreement, you may return the
executed pages by fax to number"
If anyone wants I can post what the whole letters say for you more legaleze types that might wanna see it.
YOu asked for it......
AUTHORIZATION TO REPRESENT
I hereby retain and authorize the law firm of Thanasides, Zalkin & Acero and any other lawyers they may find necessary to associate with them (together, the “Attorneys”) to investigate the potential bases for a lawsuit and to represent me in a consumer class action lawsuit to be brought against Nissan of North America, Inc. regarding the inferior and deceptively marketed paint on my Nissan automobile. Defendants may include any persons or firms the Attorneys, through their investigation, believe may be liable to me with respect to the purchase of my Nissan.
I understand that Attorneys fees will be contingent upon effecting a recovery from the defendants, will be determined or authorized by the court, and will be payable solely from the defendants and/or any recovery obtained for members of the class. All such fees belong to the Attorneys and may not be waived by me. I also understand that the Attorneys will advance all necessary litigation expenses.
I agree to cooperate in the prosecution of the litigation, to produce documents and provide information when my Attorneys request and, if necessary, allow my vehicle to be inspected and to appear at depositions and/or trial. I understand that the Attorneys will use their best efforts to achieve a favorable result, but cannot guarantee what a court will do.
I acknowledge that I have read this contract and received a copy for my reference.
By: _________________________________ Date: ______________
Print: _______________________________
Address: _____________________________
_____________________________
CONTINGENT FEE AGREEMENT
I, ______________________, hereby employ the law firms of Thanasides, Zalkin & Acero and any other lawyers they may find necessary to associate with them (the “Attorneys”) to investigate and prosecute any consumer fraud or related claim I may have regarding the inferior and deceptively marketed paint on my Nissan automobile. Defendants may include any persons or firms the Attorneys, through their investigation, believe may be liable to me with respect to the purchase of my Nissan.
Attorneys shall undertake and use their best efforts to obtain certification of the plaintiff class to which I belong. Attorneys shall also take reasonable steps to keep me informed of significant developments and to respond to any inquiries. I understand that the decision to file a class action may and probably will affect the way my attorneys prosecute my claims. If the court decides to permit the lawsuit to proceed as a class action, my attorneys will not be able to put my interests ahead of those of other class members. The attorneys will have to respect equally the interests of all class members. Since my attorneys represent the entire class, they are required to make litigation and settlement recommendations based upon the interests of the entire class.
I acknowledge that I have read the attached summary of “Duties of a Class Representative,” and have discussed these with Attorneys. I hereby agree to serve, if selected, as a class representative for members of the class that have claims similar to my own.
If my case is certified as a class action, I will retain the right, as a class member, under the class action rules, to approve, oppose, or comment upon any proposed settlement of all or part of the class action, and to approve, oppose, or comment upon any application for reimbursement of costs and award of Attorneys’ fees made by the Attorneys. If the action is certified as a class action, and if a monetary recovery is obtained therein for the plaintiff class, either by settlement or judgment, Attorneys will apply to the court for reimbursement of their costs and payment of their fees by defendants out of, or in addition to such recovery. If no recovery is obtained, no fees or costs shall be payable to Attorneys.
In the event a court certifies my case as a class action, the Attorneys will be entitled to payment of their reasonable fees as approved by the court. I acknowledge that I am aware of and agree that my Attorneys will share the attorneys’ fees in this case in their proportionally earned amounts. I acknowledge that additional counsel (“Additional Counsel”) may be retained in the sole discretion of the Attorneys, subject to my absolute right to terminate the Additional Counsel at any time. I understand that Additional Counsel will also be entitled to recover attorneys’ fees from the defendant(s) as awarded by a court, or that such Additional Counsel may share in a common fund award in an amount commensurate and proportional to their time in the matter.
If the above action is not certified as a class action, Attorneys agree to continue to represent me on an individual basis and are authorized to effect a settlement or compromise, subject to my approval, or to institute such legal action, or actions, as may be advisable in Attorneys’ judgment, in order to enforce my rights. If the above action is not certified as a class action, as compensation for the Attorneys’ legal services, I agree to pay them an amount equal to 33 1/3% of any amounts that may be received by me or on my behalf, whether by suit, settlement or otherwise. Such recovery may include any form or type of compensation, whether monetary, credit, compensation in kind or otherwise and includes any statutory penalties.
I further authorize the Attorneys to incur and advance reasonable and necessary expenses in the preparation and/or trial of my claim or lawsuit and agree that, provided I recover from defendants, they will be reimbursed in the actual amount of the costs and expenses so incurred. I shall not be liable to the Attorneys for any costs and expenses if I do not recover from the defendants. Any reimbursement will be deducted from the recovery prior to the distribution of the 33 1/3% compensation for the Attorneys’ legal services, but not prior to the determination of the percentage.
The Attorneys will attempt to obtain an order from the court requiring the parties against whom suit will be filed to pay my Attorney’s fees and litigation expenses or costs. I understand that, although the possibility is remote, courts in certain jurisdictions may likewise have discretion to enter an award of defendants’ attorneys’ fees and/or costs against me for those costs and/or fees attributable to my case against a defendant.
If the case is settled, the Attorneys will attempt to require the defendants to pay my Attorneys’ fees and litigation expenses. All such sums belong to the Attorneys. Any fees and expenses actually collected from a defendant will be credited against the portion of my recovery payable to the Attorneys, but will not satisfy or waive my obligation to pay the agreed portion of recovery. I understand that the Attorneys have an enforceable lien for their fee on the amounts recovered by suit, settlement or otherwise.
I acknowledge that I have read this contract and received a copy for my reference.
By: _________________________________ Date: ___________________________
Print: _______________________________ Address: _________________________
Telephone Number:_____________________ _________________________
Email Address: ________________________
Thanasides, Zalkin & Acero
By: _________________________________ Date: ______________
Print: _______________________________
DUTIES OF A CLASS REPRESENTATIVE
1. A class representative represents the interests of all members of his/her class in litigation to obtain equitable relief and recover money damages for the class.
2. A class representative always considers the interests of the class just as he/she would consider his/her own interests.
3. A class representative participates actively in the lawsuit, such as by testifying at deposition and trial, and answering written interrogatories, and by keeping generally aware of the status and progress of the lawsuit.
4. A class representative recognizes and accepts that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval, and must be designed in the best interests of the class as a whole.
5. A class representative is not required to be particularly sophisticated or knowledgeable with respect to the subject of the lawsuit. However, he/she should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide his/her lawyer and the court with all relevant facts of which he/she is aware.
6. A class representative volunteers to represent many other people with similar claims and damages, because he/she believes that it is important that all consumers benefit from the lawsuit equally, because he/she believes that a class lawsuit will save time, money and effort, and thus will benefit all parties and the court, and because he/she believes that the class action is an important tool to assure compliance with the law and the protection of injured citizens.
I hereby retain and authorize the law firm of Thanasides, Zalkin & Acero and any other lawyers they may find necessary to associate with them (together, the “Attorneys”) to investigate the potential bases for a lawsuit and to represent me in a consumer class action lawsuit to be brought against Nissan of North America, Inc. regarding the inferior and deceptively marketed paint on my Nissan automobile. Defendants may include any persons or firms the Attorneys, through their investigation, believe may be liable to me with respect to the purchase of my Nissan.
I understand that Attorneys fees will be contingent upon effecting a recovery from the defendants, will be determined or authorized by the court, and will be payable solely from the defendants and/or any recovery obtained for members of the class. All such fees belong to the Attorneys and may not be waived by me. I also understand that the Attorneys will advance all necessary litigation expenses.
I agree to cooperate in the prosecution of the litigation, to produce documents and provide information when my Attorneys request and, if necessary, allow my vehicle to be inspected and to appear at depositions and/or trial. I understand that the Attorneys will use their best efforts to achieve a favorable result, but cannot guarantee what a court will do.
I acknowledge that I have read this contract and received a copy for my reference.
By: _________________________________ Date: ______________
Print: _______________________________
Address: _____________________________
_____________________________
CONTINGENT FEE AGREEMENT
I, ______________________, hereby employ the law firms of Thanasides, Zalkin & Acero and any other lawyers they may find necessary to associate with them (the “Attorneys”) to investigate and prosecute any consumer fraud or related claim I may have regarding the inferior and deceptively marketed paint on my Nissan automobile. Defendants may include any persons or firms the Attorneys, through their investigation, believe may be liable to me with respect to the purchase of my Nissan.
Attorneys shall undertake and use their best efforts to obtain certification of the plaintiff class to which I belong. Attorneys shall also take reasonable steps to keep me informed of significant developments and to respond to any inquiries. I understand that the decision to file a class action may and probably will affect the way my attorneys prosecute my claims. If the court decides to permit the lawsuit to proceed as a class action, my attorneys will not be able to put my interests ahead of those of other class members. The attorneys will have to respect equally the interests of all class members. Since my attorneys represent the entire class, they are required to make litigation and settlement recommendations based upon the interests of the entire class.
I acknowledge that I have read the attached summary of “Duties of a Class Representative,” and have discussed these with Attorneys. I hereby agree to serve, if selected, as a class representative for members of the class that have claims similar to my own.
If my case is certified as a class action, I will retain the right, as a class member, under the class action rules, to approve, oppose, or comment upon any proposed settlement of all or part of the class action, and to approve, oppose, or comment upon any application for reimbursement of costs and award of Attorneys’ fees made by the Attorneys. If the action is certified as a class action, and if a monetary recovery is obtained therein for the plaintiff class, either by settlement or judgment, Attorneys will apply to the court for reimbursement of their costs and payment of their fees by defendants out of, or in addition to such recovery. If no recovery is obtained, no fees or costs shall be payable to Attorneys.
In the event a court certifies my case as a class action, the Attorneys will be entitled to payment of their reasonable fees as approved by the court. I acknowledge that I am aware of and agree that my Attorneys will share the attorneys’ fees in this case in their proportionally earned amounts. I acknowledge that additional counsel (“Additional Counsel”) may be retained in the sole discretion of the Attorneys, subject to my absolute right to terminate the Additional Counsel at any time. I understand that Additional Counsel will also be entitled to recover attorneys’ fees from the defendant(s) as awarded by a court, or that such Additional Counsel may share in a common fund award in an amount commensurate and proportional to their time in the matter.
If the above action is not certified as a class action, Attorneys agree to continue to represent me on an individual basis and are authorized to effect a settlement or compromise, subject to my approval, or to institute such legal action, or actions, as may be advisable in Attorneys’ judgment, in order to enforce my rights. If the above action is not certified as a class action, as compensation for the Attorneys’ legal services, I agree to pay them an amount equal to 33 1/3% of any amounts that may be received by me or on my behalf, whether by suit, settlement or otherwise. Such recovery may include any form or type of compensation, whether monetary, credit, compensation in kind or otherwise and includes any statutory penalties.
I further authorize the Attorneys to incur and advance reasonable and necessary expenses in the preparation and/or trial of my claim or lawsuit and agree that, provided I recover from defendants, they will be reimbursed in the actual amount of the costs and expenses so incurred. I shall not be liable to the Attorneys for any costs and expenses if I do not recover from the defendants. Any reimbursement will be deducted from the recovery prior to the distribution of the 33 1/3% compensation for the Attorneys’ legal services, but not prior to the determination of the percentage.
The Attorneys will attempt to obtain an order from the court requiring the parties against whom suit will be filed to pay my Attorney’s fees and litigation expenses or costs. I understand that, although the possibility is remote, courts in certain jurisdictions may likewise have discretion to enter an award of defendants’ attorneys’ fees and/or costs against me for those costs and/or fees attributable to my case against a defendant.
If the case is settled, the Attorneys will attempt to require the defendants to pay my Attorneys’ fees and litigation expenses. All such sums belong to the Attorneys. Any fees and expenses actually collected from a defendant will be credited against the portion of my recovery payable to the Attorneys, but will not satisfy or waive my obligation to pay the agreed portion of recovery. I understand that the Attorneys have an enforceable lien for their fee on the amounts recovered by suit, settlement or otherwise.
I acknowledge that I have read this contract and received a copy for my reference.
By: _________________________________ Date: ___________________________
Print: _______________________________ Address: _________________________
Telephone Number:_____________________ _________________________
Email Address: ________________________
Thanasides, Zalkin & Acero
By: _________________________________ Date: ______________
Print: _______________________________
DUTIES OF A CLASS REPRESENTATIVE
1. A class representative represents the interests of all members of his/her class in litigation to obtain equitable relief and recover money damages for the class.
2. A class representative always considers the interests of the class just as he/she would consider his/her own interests.
3. A class representative participates actively in the lawsuit, such as by testifying at deposition and trial, and answering written interrogatories, and by keeping generally aware of the status and progress of the lawsuit.
4. A class representative recognizes and accepts that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval, and must be designed in the best interests of the class as a whole.
5. A class representative is not required to be particularly sophisticated or knowledgeable with respect to the subject of the lawsuit. However, he/she should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide his/her lawyer and the court with all relevant facts of which he/she is aware.
6. A class representative volunteers to represent many other people with similar claims and damages, because he/she believes that it is important that all consumers benefit from the lawsuit equally, because he/she believes that a class lawsuit will save time, money and effort, and thus will benefit all parties and the court, and because he/she believes that the class action is an important tool to assure compliance with the law and the protection of injured citizens.
second letter
STATEMENT OF CLIENT’S RIGHTS
Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.
2. Any contingent fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer within three (3) business days of signing the contract. If you withdraw from the contract within three (3) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.
4. Before signing a contingent fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingent fee contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and liability you might have for attorney’s fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.
10. You, the client have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 904-222-5286, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to
court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.
2. Any contingent fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer within three (3) business days of signing the contract. If you withdraw from the contract within three (3) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.
4. Before signing a contingent fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingent fee contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and liability you might have for attorney’s fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.
10. You, the client have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 904-222-5286, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to
court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
second letter
STATEMENT OF CLIENT’S RIGHTS
Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.
2. Any contingent fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer within three (3) business days of signing the contract. If you withdraw from the contract within three (3) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.
4. Before signing a contingent fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingent fee contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and liability you might have for attorney’s fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.
10. You, the client have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 904-222-5286, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to
court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
Before you, the prospective client, arrange a contingent fee agreement with a lawyer, you should understand this statement of your rights as a client. This statement is not a part of the actual contract between you and your lawyer, but, as a prospective client, you should be aware of these rights:
1. There is no legal requirement that a lawyer charge a client a set fee or a percentage of money recovered in a case. You, the client, have the right to talk with your lawyer about the proposed fee and to bargain about the rate or percentage as in any other contract. If you do not reach an agreement with one lawyer you may talk with other lawyers.
2. Any contingent fee contract must be in writing and you have three (3) business days to reconsider the contract. You may cancel the contract without any reason if you notify your lawyer within three (3) business days of signing the contract. If you withdraw from the contract within three (3) days, you do not owe the lawyer a fee although you may be responsible for the lawyer’s actual costs during that time. If your lawyer begins to represent you, your lawyer may not withdraw from the case without giving you notice, delivering necessary papers to you, and allowing you time to employ another lawyer. Often, your lawyer must obtain court approval before withdrawing from a case. If you discharge your lawyer without good cause after the three-day period, you may have to pay a fee for work the lawyer has done.
3. Before hiring a lawyer, you, the client, have the right to know about the lawyer’s education, training, and experience. If you ask, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide information about special training or knowledge and give you this information in writing if you request it.
4. Before signing a contingent fee contract with you, a lawyer must advise you whether he or she intends to handle your case alone or whether other lawyers will be helping with the case. If your lawyer intends to refer the case to other lawyers he or she should tell you what kind of fee sharing arrangement will be made with the other lawyers. If lawyers from different law firms will represent you, at least one lawyer from each law firm must sign the contingent fee contract.
5. If your lawyer intends to refer your case to another lawyer or counsel with other lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case and later decides to refer it to another lawyer or to associate with other lawyers, you should sign a new contract which includes the lawyers. You, the client, also have the right to consult with each lawyer working on your case and each lawyer is legally responsible to represent your interests and is legally responsible for the acts of the other lawyers involved in the case.
6. You, the client, have the right to know in advance how you will need to pay the expenses and the legal fees at the end of the case. If you pay a deposit in advance for costs, you may ask reasonable questions about how the money will be or has been spent and how much of it remains unspent. Your lawyer should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or advance you money to prepare or research the case, you have the right to know periodically how much money your lawyer has spent on your behalf. You also have the right to decide, after consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the expenses, you have the right to decide how much to spend. Your lawyer should also inform you whether the fee will be based on the gross amount recovered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by your lawyer about possible adverse consequences if you lose the case. Those adverse consequences might include money which you might have to pay to your lawyer for costs and liability you might have for attorney’s fees to the other side.
8. You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer’s fee. Until you approve the closing statement you need not pay any money to anyone, including your lawyer. You also have the right to have every lawyer or law firm working on your case sign this closing statement.
9. You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer’s ability.
10. You, the client have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.
11. If at any time, you, the client, believe that your lawyer has charged an excessive or illegal fee, you, the client, have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar, call 904-222-5286, or contact the local bar association. Any disagreement between you and your lawyer about a fee can be taken to
court and you may wish to hire another lawyer to help you resolve this disagreement. Usually fee disputes must be handled in a separate lawsuit.
Donating Maxima.org Member
Joined: Aug 2003
Posts: 144
Originally Posted by JMF
The bottom line is:
If they win, they're going to charge the people who signed up. Lawyers don't work for free.
Justin
If they win, they're going to charge the people who signed up. Lawyers don't work for free.
Justin
I filled out a form and got one back later on saying that they were already repainting cars in some states, but not in AL yet and would let me know when they got to it. Yet I've heard nobody saying anything about getting this fixed.
Originally Posted by wildmanal
I filled out a form and got one back later on saying that they were already repainting cars in some states, but not in AL yet and would let me know when they got to it. Yet I've heard nobody saying anything about getting this fixed.
Originally Posted by looslip
Will you be able to post the letter that you got? I'd like to find out what states they are repainting cars.
Thank you for completing the Nissan Litigation Plaintiff Information Sheet. Initially, in conjunction with our network of partner firms, we will proceed against Nissan in the following states: California, Florida, New York, Texas, Illinois, New Jersey and Pennsylvania. Ultimately, the relief we will seek from Nissan will cover all owners nationwide; however, initially seeking statewide relief in a limited number of key states will enable us to most efficiently accomplish all of our objectives.
If you are receiving this email, it is because you did not purchase your Maxima in one of the states listed above (if this is incorrect, please let us know as soon as possible). We will keep your Information Sheet on file and contact you when we are prepared to bring a lawsuit in your state. We may also contact you in the future to get more information regarding your paint condition as part of our cases in other jurisdictions.
If you have any questions concerning this litigation, please do not hesitate to contact us.
Kind regards.
Thanasides, Zalkin & Acero
www.tzalaw.com
Donating Maxima.org Member
Joined: Dec 2002
Posts: 287
I contacted them, (Thanasides, Zalkin & Acero) right when this whole thing was brought up here-I almost instantly got a reply e-mail that said something to the effect of, "we will contact you soon" that was months and months ago, and to this day still nothing.
I decided it wasn't worth the hassle or stress of the wait and I had my car re-shot a couple of weeks ago with some quality aftermarket paint, (Spies Hecker) its very tough, and a whole lot more durable than the factory Nissan Paint.
I decided it wasn't worth the hassle or stress of the wait and I had my car re-shot a couple of weeks ago with some quality aftermarket paint, (Spies Hecker) its very tough, and a whole lot more durable than the factory Nissan Paint.
Donating Maxima.org Member
Joined: Aug 2003
Posts: 144
Originally Posted by Sam03
I decided it wasn't worth the hassle or stress of the wait and I had my car re-shot a couple of weeks ago with some quality aftermarket paint, (Spies Hecker) its very tough, and a whole lot more durable than the factory Nissan Paint.
Supporting Maxima.org Member
Joined: Aug 2003
Posts: 1,036
I just paid to have my front bumper, rear bumper, hood and fenders repainted. I bought the car used about 3 weeks ago and wanted it to look perfect. I had NO IDEA there was a problem with Nissan paint. Could someone fill me in? I feel ripped off!!!
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