Sandra 163792 SignedContract

Download as pdf or txt
Download as pdf or txt
You are on page 1of 9

THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE FEDERAL

ARBITRATION ACT AND DISTRICT OF COLUMBIA UNIFORM ARBITRATION ACT

This retainer agreement (the “Agreement”) is made between Sheldon Law Group, LLP
(hereinafter "Firm") and the undersigned client (hereinafter "Client") to retain Firm to represent
Client in a potential USDA Farm Loan Program Discrimination lawsuit or otherwise obtaining
relief under the Inflation Reduction Act.

THE FIRM’S AUTHORITY. Client fully authorizes and directs the Firm to manage and
handle its claims as the Firm deems proper and to investigate and prosecute them, with or
without filing a lawsuit, in any manner that the Firm deems necessary or advisable. Client
authorizes the Firm to deliver in its name any and all notices, receipts, authorizations, releases,
pleadings and any other documents proper in and to the handling of its claims. Client authorizes
the Firm to use its professional judgment and any relevant documents, records, or other
information that the Firm deems necessary or advisable to the proper representation of Client. If,
at any time, the Firm determines, for any permissible reason, that prosecution of Client’s claims
should be discontinued, the Firm may withdraw from representation of Client. Client understands
and agrees that the Firm may transmit Client’s protected health information electronically in the
course of representing Client.

CLIENT’S COOPERATION. Client agrees to cooperate fully with the Firm, promptly disclose
all relevant facts and other information known or available to it and to promptly advise the Firm
in writing of any change in address, email address or telephone number, and to promptly and
diligently comply with all reasonable requests of the Firm on all matters related to this
Agreement. Client understands and agrees that failure to fully cooperate may be a basis for
termination of this Agreement. Client agrees not to attempt to unilaterally settle the claims which
are the subject of this Agreement. The Client will rely exclusively upon the representation of the
Firm during any settlement negotiations. Firm agrees that it will not enter into a settlement
without the Client's consent.

CONTINGENT FEE ARRANGEMENT. In consideration of the professional services


rendered and to be rendered by the Firm under this Agreement, the Client agrees to pay to Firm
and Firm is hereby authorized to retain out of any amount that may be recovered, an attorneys’
contingent fee of one third (33 1/3%) of the gross amount recovered by trial, settlement or
otherwise. For avoidance of doubt, Client acknowledges and agrees such attorneys’ fee shall be
calculated on the total gross recovery before reduction of costs, court-imposed fees or
assessments, and expenditures. Such attorneys’ fees are upon a contingent basis and therefore
unless a recovery is made there will be no obligation by the Client to pay such attorney’s
fees to the Firm. Client hereby acknowledges and agrees that Client has made sufficient
investigation and inquiry to determine that this contingent fee arrangement is in Client’s best
interests and that this Agreement is fair and reasonable to Client.

COSTS AND EXPENSES. The Firm agrees to pay, as an advance, any and all reasonable
costs and expenses associated with the prosecution of the Client’s claim(s). It will be

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


necessary for the Firm to incur and advance certain court costs and expenses on behalf of Client.
These Client-specific costs and expenses may include, but are not limited to, : filing and service
fees; costs for reports and records; costs for third-party record reviews and summaries; expert
witness costs; cost for investigative services; travel expenses (including air fare, ground
transportation, lodging and meals); deposition expenses and court reporter fees; costs and fees
associated with any necessary estate administration procedures; outside trial service providers;
trial equipment rental and operation fees; preparation of exhibits and graphics; and copying,
postage, shipping; and courier expenses. Separate from the costs and expenses referred to in the
immediately preceding sentence, Client agrees that Firm shall charge a flat two hundred dollar
($200) administrative fee to cover the cost of opening and setting up the case file and incidental
expenses that would not be cost-effective to track on an individual client basis. Client agrees to
reimburse Firm for all such costs and expenses from Client’s share of any money recovered by
settlement, trial or otherwise on its claims. Costs and expenses advanced by Firm will be taken
out of Client’s portion of any settlement or other recovery proceeds after the contingency amount
referred to above has been calculated. However, in the event that no recovery is obtained on
Client’s claims, Firm will make no charges for the time incurred by its lawyers, or for
services, fees, court costs, or other expenses that have been advanced by Firm.

DISTRIBUTION OF RECOVERY PROCEEDS. Upon receipt by the Firm of any proceeds of


any recovery on Client’s claims subject to this Agreement, the Firm shall (1) deduct 33.33%
from the amount as its contingent attorneys’ fees, (2) deduct any costs or expenses already paid,
advanced or incurred by the Firm from the Client’s portion of the recovery, including an interest
rate of 1.5% monthly on any advanced expenses, and (3) disburse the remainder to the Client,
subject to any liens on Client’s recovery. [CLIENT hereby grants Firm the right to endorse all
settlement checks, drafts, or other instruments of payment received with respect to the claims on
Client’s behalf so long as all such proceeds are deposited into Firm’s Trust Account and a full
accounting of the proposed distribution is provided in writing to Client.]

MULTIPLE CLIENTS. Client understands and agrees that the Firm may be representing more
than one client in this matter and that the following aspects of joint representation have been
disclosed: (1) the Client might gain or lose some advantages if represented by separate counsel;
(2) the Firm cannot serve as an advocate for one client against another client; (3) the Firm must
deal impartially with every client; (4) information received by the Firm from or on behalf of any
jointly represented client concerning the matter may not be confidential or privileged as between
the jointly-represented clients; and (5) if a conflict arises between clients, the Firm might not be
able to continue representing any of the clients involved. Client consents to the Firm
representing more than one client in this matter.

TIMELINESS OF CLAIMS. Client recognizes that the Firm must have certain information to
determine whether Client has a claim. Client further understands that if a lawsuit is not filed
prior to the expiration of the statute of limitations, Client will lose its right to make a claim. By
signing this Agreement, Client recognizes that its statute of limitations may have already expired
and, if it has not, each day that passes brings Client closer to the expiration of the statute of
limitations. Furthermore, Client agrees and understands that whether it has a viable claim or the
Firm files a lawsuit or or takes other action on its behalf is subject to investigation by Firm.
Client also understands that it will take the Firm a minimum of (120) days after the receipt

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


of such information to evaluate the case, and that should the statute of limitations or any
other applicable deadline including, but not limited to class registration deadlines expire
prior to or during that 120-day period, it agrees to not hold Firm (or any associated
counsel) responsible for any consequence related to the expiration of that deadline.

NO SOLICITATION OF CLIENT. By signing and entering into this agreement, Client hereby
affirms that Client’s case was not solicited by the Firm, this Agreement is not being entered into
as a result of promises of money, no promises of a successful recovery have been made to Client,
and Client has freely and voluntarily entered into this Agreement.

POWER TO SIGN. Client hereby expressly gives permission to Firm to sign documents on its
behalf during and for this litigation only. Specifically, Firm has the express permission of Client
to sign litigation documents, HIPPA authorizations and HITECH letters on behalf of the Client.
Client also expressly authorizes Firm to sign Plaintiff Profile forms and Plaintiff Fact Sheets on
its behalf.

ASSOCIATION OF COUNSEL. Firm may associate with other attorneys during its
representation of Client. This will not add additional costs to Client. Client agrees that Firm may
associate with any other attorneys and disclose Client’s information in connection with any such
association.

NO REPRESENTATION OR WARRANTY. Client specifically recognizes and acknowledges


that Firm cannot guarantee any specific result or outcome with respect to its claims and that the
Firm has made no representation or warranty whatsoever regarding the probable outcome of its
claims or any lawsuit, and has in no way guaranteed any recovery from the settlement or trial of
the lawsuit or otherwise.

TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS. The Client


understands that Firm has the right to withdraw from the representation of Client at any time
subject to Firm’s obligations under the Rules of Professional Conduct and the approval of the
court if the matter is in litigation. The Client may terminate this Agreement at any time by giving
written notice to Firm. In the event this agreement is terminated by either party before settlement
or ultimate recovery, no fees shall be payable to Firm but Client shall remain responsible for
payment of all costs and expenses advanced or incurred by Firm up to the date of termination.
Unless previously terminated, Firm’s representation will terminate upon Firm sending you a
closing letter and providing you with an accounting of all funds received and disbursed on your
behalf.

WASHINGTON DC LAW TO APPLY. This Agreement shall be considered construed under


and in accordance with the laws of the District of Columbia and the rights, duties and obligations
of Client and of Firm regarding Firm’s representation of Client and regarding anything covered
by this Agreement shall be governed by the laws of the District of Columbia.

ARBITRATION. Any and all disputes, controversies, claims or demands arising out
of or relating to (1) this Agreement or (2) any provision hereof or (3) the providing of services by
Firm to Client or (4) the relationship between Firm and Client, whether in contract, tort or

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


otherwise, at law or in equity, for damages or any other relief, shall be resolved by binding
arbitration pursuant to the Federal Arbitration Act in accordance with the Commercial
Arbitration Rules then in effect with the American Arbitration Association. Any such arbitration
proceeding shall be conducted in Washington DC. This arbitration provision shall be enforceable
in either federal or the district court of the District of Columbia pursuant to the substantive
federal laws established by the Federal Arbitration Act. Any party to any award rendered in such
arbitration proceeding may seek a judgment upon the award and that judgment may be entered
by any Supreme Court in the District of Columbia having jurisdiction.

PARTIES BOUND. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, legal representative,
successors and assigns.
LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this
Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein.
PRIOR AGREEMENTS SUPERSEDED. This Agreement constitutes the sole and only
Agreement of the parties hereto and supersedes any prior understandings or written or oral
agreement between the parties respecting the within subject matter.
NO ADVICE REGARDING THIS AGREEMENT: Firm is not acting as your counsel with
respect to this Agreement. If you wish to be advised on whether you should enter into this
Agreement, we recommend that you consult with independent counsel of your choice.
I certify and acknowledge that I have had the opportunity to read this Agreement. I further state
that I have voluntarily entered into this Agreement fully aware of the terms and conditions.
I understand and acknowledge that this Agreement has no force and effect, and there is no
attorney-client relationship, until and unless the Firm counter-signs this Agreement.

THIS AGREEMENT IS SUBJECT TO ARBITRATION UNDER THE FEDERAL


ARBITRATION ACT AND DISTRICT OF COLUMBIA UNIFORM ARBITRATION ACT

READ AND ACCEPTED BY:

Sandra Sales
CLIENT:___________________________________________________________________________

STREET ADDRESS:___________________________________________________________
2017 Carpenter Rd,

CITY, STATE, ZIP:____________________________________________________________


Deatsville, AL 36022

TELEPHONE NUMBER:_______________________________________________________
+13343547127

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


EMAIL:_____________________________________________________________________
[email protected]

Client: Sandra Sales

By: ________________________________________ 09 / 27 / 2023

Firm:

SHELDON LAW GROUP, LLP

By: ________________________________________

Name:

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


AUTHORIZATION FOR USE OF ELECTRONIC SIGNATURE

Sandra Sales
By signing this form I, ___________________________, understand that my signature will be

captured electronically and reproduced by Sheldon Law Group, LLP as necessary for requests of records and to

obtain any and all other documents necessary to pursue my claim(s), including but not limited to:

USDA Farm Loan Program applications and related communications, discrimination complaints

investigation reports, limited power of attorney (permission to date the requests with the current date),

FOIA requests, etc.

(Please sign inside the box provided and stay within the lines)

(Please initial inside the box provided and stay within the lines)

Sandra Sales
Client: _____________________________________
(Print name)

I sign my name freely and without hesitation or coercion.

______________________________________
(Sign name)

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


United States Department of Agriculture Rural Development

Certification of Identity

Privacy Act Statement. In accordance with 28 CFR Section 16.41(d) personal data sufficient to identify the individuals submitting
requests by mail under the Privacy Act of 1974, 5 U.S.C. Section 552a, is required. The purpose of this solicitation is to ensure that the
records of individuals who are the subject of U.S. Department of Agriculture systems of records are not wrongfully disclosed by the
Department. Failure to furnish this information will result in no action being taken on the request. False information on this form may
subject the requester to criminal penalties under 18 U.S.C. Section 1001 and/or 5 U.S.C. Section 552a(i)(3).

Public reporting burden for this collection of information is estimated to average 0.50 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Suggestions for reducing this burden may be submitted to Director, Facilities and Administrative Services
Staff, Justice Management Division, U.S. Department of Justice, Washington, DC 20530 and the Office of Information and
Regulatory Affairs, Office of Management and Budget, Public Use Reports Project (1103-0016), Washington, DC 20503.
1
Full Name of Requester Sandra Sales
_____________________________________________________________________________________

2
Citizenship Status US Citizen
__________________________________________________________________________________________

3
Social Security Number _____________________________________________________________________________________
597@

2017 Carpenter Rd, Deatsville, AL 36022


Current Address ____________________________________________________________________________________________

Date of Birth _________________________________________


02/25/1978 Place of Birth _______________________________________

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that I am
the person named above, and I understand that any falsification of this statement is punishable under the provisions of 18 U.S.C.
Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years or both, and that requesting or
obtaining any record(s) under false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) by a fine of not more than
$5,000.
4
Signature 09 / 27 / 2023
__________________________________________________________________ Date ________________________

OPTIONAL: Authorization to Release Information to Another Person


This form is also to be completed by a requester who is authorizing information relating to himself or herself to be released to
another person.

Further, pursuant to 5 U.S.C. Section 552a(b), I authorize the U.S. Department of Agriculture to release any and all information
relating to me to:
Sheldon Law Group
___________________________________________________________________________________________________________
Print or Type Name

1
Name of individual who is the subject of the record sought.
2
Individual submitting a request under the Privacy Act of 1974 must be either “a citizen of the United States or an alien lawfully
admitted for permanent residence,” pursuant to 5 U.S.C. Section 552a(a)(2). Requests will be processed as Freedom of Information Act
requests pursuant to 5 U.S.C. Section 552, rather than Privacy Act requests, for individuals who are not United States citizens or aliens
lawfully admitted for permanent residence.
3
Providing your social security number is voluntary. You are asked to provide your social security number only to facilitate the
identification of records relating to you. Without your social security number, the Department may be unable to locate any or all records
pertaining to you.
4
Signature of individual who is the subject of the record sought.

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


FOIA Document

Sandra
1. First name: ______________________________________________________________

Sales
2. Last Name: ______________________________________________________________

2017 Carpenter Rd,


3. Street address: ___________________________________________________________

4. Street address 2: _________________________________________________________

Deatsville
5. City: ___________________________________________________________________

AL
6. State: _________________________________________________________________

7. Zip: ___________________________________________________________________
36022

8. DOB: __________________________________________________________________
02/25/1978

9. SSN(last4): ______________________________________________________________
597@

+13343547127
10. Phone Number: __________________________________________________________

[email protected]
11. Email address: ___________________________________________________________

23
12. Farm Number(s): _________________________________________________________

,2020
13. When did incident Occur?__________________________________________________

Don't remember
14. What agency/bank did you apply to_________________________________________

15. What state was agency/bank in?____________________________________________


Alabama

Tuskee
16. What county was agency/bank in?__________________________________________

No
17. Did you file a complaint about the incident(s) with another federal agency or court?______________

18. With what agency or court did you file?___________________________________________________

Doc ID: 9827f21efde7e96e400db3603e76bca2e77dc4db


USDA Discrim Agreement
39.pdf
9827f21efde7e96e400db3603e76bca2e77dc4db
MM / DD / YYYY
Signed

This document was signed on claimreview.lawruler.com

09 / 28 / 2023 Sent for signature to Sandra Sales


02:30:04 UTC ([email protected]) from [email protected]
IP: 137.135.107.96

09 / 28 / 2023 Viewed by Sandra Sales ([email protected])


02:31:44 UTC IP: 174.215.178.204

09 / 28 / 2023 Signed by Sandra Sales ([email protected])


02:41:49 UTC IP: 174.215.178.204

09 / 28 / 2023 The document has been completed.


02:41:49 UTC

You might also like