Message from Don Bivens, Esq:

Hello and thank you for your interest in this case. My name is Don Bivens, and I am an Arizona attorney who represents clients in a variety of different types of lawsuits across the country, often with co-counsel in jurisdictions outside of Arizona.

I am a former president of the State Bar of Arizona and a former chair of the Section of Litigation of the American Bar Association. 

I would like to take this opportunity to discuss the retention agreement you will be signing should you wish to participate as a claimant in this arbitration.

If you have any questions after reviewing this recording or would like to schedule a fifteen-minute conversation with myself or another Don Bivens attorney, please contact us at contact@donbivens.com or calling 602-762-2661.

By signing the retention agreement, you are retaining myself, the law firm of Don Bivens PLLC, and Mason & Perry LLP (collectively referred to as “the Firms”, or “we”) as counsel to represent you for the purposes of pursuing claims against National Debt Relief, LLC. and any other related parties for potential legal violations related to your private information being unlawfully disclosed by National Debt Relief. 

You’re also authorizing the Firms to represent you in related claims against National Debt Relief that they may discover and determine are feasible to pursue on your behalf. It’s important to note that the Firms do not represent you in any other matters unless we sign a separate agreement governing those matters. The Firms will represent you to the best of their ability and according to their ethical duties as lawyers.

The retention agreement provides your rights and responsibilities as a claimant and the terms of our joint representation of you in this action. Please note that this message is a summary of the agreement, not the agreement itself. We ask that you please read the agreement carefully, and if you have any questions, you can also reach out to my firm by emailing contact@donbivens.com or calling 602-762-2661. You of course also have the right to consult with independent counsel for legal advice before entering into this agreement.

I will now go through the retention agreement to explain its key terms. Please note that my explanation does not include every term, and we ask that you read the entire agreement carefully. Understanding the agreement is essential, as it guides our work together in pursuing your claims. 

Scope of Representation

First, let’s talk about what it means for you to retain our services. 

By signing this agreement, you’re giving us the authority to take several actions on your behalf to pursue your claims. These actions include sending a demand letter to National Debt Relief or filing an individual or mass arbitration claim, or potentially pursuing the case as a class action in court. This range of options gives us flexibility to choose the approach that is in your best interests. 

The Firms may prepare and sign legal documents and obtain necessary documents from National Debt Relief or third parties to evaluate and pursue your claim and negotiate potential settlements. However, we will not settle your claim without your consent, and you will have the right to accept or reject any settlement offer that we present to you from National Debt Relief. 

You will not be the only client the Firms are representing with respect to this claim. By signing, you authorize us to enter aggregate settlement negotiations on your behalf and disclose potential settlement values to other clients in this case. You also acknowledge that representation of multiple clients may give rise to potential conflicts of interest. If we believe that such a conflict exists, we will discuss it with you. If we have to withdraw from representing you, you agree to waive any objection to representing other clients in this matter.

The agreement also touches upon the unpredictable and risky nature of legal disputes. The outcome of disputed legal matters is always uncertain. We cannot guarantee that this claim will be successful or that you will recover any money or obtain any other form of relief. 

Attorneys’ Fees and Costs

Now, let’s move on to attorneys’ fees and costs. One of the most important parts of the agreement is understanding how fees and costs work in this case, especially since we’re representing you on a contingency basis. This means you’ll pay no fees upfront, and the Firms’ fees will depend on the outcome.

To explain further, attorneys’ fees are not set by law — they are instead based on an agreement between by the attorneys and their clients. By signing the retention agreement, you are choosing a contingency payment arrangement, instead of paying fees as they are incurred. This means you will pay no retainer fee for this matter, and the Firms’ fee for professional services will be contingent on the results obtained. You authorize the Firms to handle this case and to negotiate any possible settlement as to both your recovery and the attorney fees.

When we negotiate settlements in these cases, we’ll be discussing both your damages and our attorney fees with National Debt Relief. While this type of negotiation is standard practice, we want to be transparent about how we calculate the total compensation you may receive. We start with what we call the “total gross recovery” – that’s the total amount recovered before any deductions. The total compensation you will receive will be this total gross recovery minus our attorney fees and certain costs, which I’ll now explain in more detail.

For representing you in this case, you are agreeing that the Firms’ contingency fee will be equal to forty percent (40%) of the total gross recovery obtained on your behalf, unless the law in your state limits contingency fees to a lower percentage. So for example, if the total gross recovery is $1,000 the attorneys’ fees would be $400, with the remaining $600 going to the client. Please note that this example is illustrative only and doesn’t reflect any specific recovery amount that may be likely in this case. If there is no recovery, you will not be required to pay any attorneys’ fees.  

I should also mention something about what is called statutory fees. Some laws may require National Debt Relief to pay your attorneys’ fees and costs if your claim is successful, called statutory fees. If these laws apply, we will seek to recover these statutory fees directly from National Debt Relief. If these statutory fees end up being higher than our standard 40% contingency fee, we will take the statutory fees instead of the contingency fee, which could allow you to keep more of your compensation.

My firm and Mason & Perry LLP agree that if this case results in any award of attorneys’ fees, the total attorneys’ fees will be divided between the two firms, with 50% going to Don Bivens PLLC and 50% going to Mason & Perry LLP. We believe that this division of attorneys’ fees is reasonable in light of the anticipated responsibilities of the two firms, and in light of the need to represent you competently and diligently. The division of responsibility is as follows: Mason & Perry LLP will serve as lead counsel in your representation with principal responsibility for strategic decisions, while Don Bivens PLLC has played a larger role in marketing and vetting qualified clients and claims and will also advise Mason & Perry LLP on all major aspects of the case.

The agreement also addresses the expenses of pursuing your claim. Generally, expenses can include, for example, filing costs and fees, charges for photocopies, postage, expert witness fees, transcription fees, mediation and arbitration costs and fees, messenger services, and travel expenses. If there is a gross recovery, you will be informed in writing of the amount of the expenses to be deducted from your recovery at cost after attorneys’ fees have been calculated. 

For example, if the total gross recovery is $1,000, and the lawyers incurred $100 in costs, the Firms would be paid the 40% contingent fee plus those costs, or $500, and the client would receive $500 Again, this example is for illustration only and does not reflect any expected recovery amount in this case. If there is no recovery, you will not be required to pay these expenses.

Because this case involves the Firms representing multiple clients with similar claims, we may negotiate a group settlement with National Debt Relief that covers several claims at once. If we receive a group settlement payment as a lump sum, we will divide it equitably among all clients whose claims are part of that settlement. The same principle applies to any shared expenses – we will distribute these costs fairly among the clients who benefit from them.

Client Responsibilities

We’ve talked about our role and responsibilities to you, so now let’s touch on some of your responsibilities as a client. Working together effectively helps us build the strongest case possible.

Your most important responsibility to be truthful with the Firms at all times. It is also crucial that you promptly respond to the Firms’ communications with you, including requests for information or documents necessary to move your claim forward. You must also notify us in writing of any changes to your address, telephone, or other contact information. 

If you fail to cooperate with us, if you don’t follow our advice, or if you fail to comply with the agreement, we may withdraw our representation of you. Please note that the agreement also contemplates other circumstances in we may withdraw our representation, including where we believe that pursuing your claim will be extremely difficult or expensive, or where you reject a settlement offer that we advise is in your best interests. We will provide you with reasonable notice before withdrawing representation. 

Regarding communications, you are expressly authorizing the Firms (and any party acting on their behalf) to contact you at the mobile phone numbers you provide. This includes text messages SMS and WhatsApp. 

Dispute Resolution

Lastly, I want to touch on how matters will be resolved if you and the Firms have any dispute about this Agreement or our services, including about the fees. Hopefully, disputes won’t arise between us, but it’s important to know that the agreement includes a clear dispute resolution process.

If there is a dispute, we will first try to settle it through direct discussions. If those discussions prove unsuccessful, we agree that any disagreements will be settled by individual arbitration. This will be administered by JAMS in accordance with its rules. Arbitration is a way to resolve disputes without use of the court system or juries, and instead before an arbitrator or arbitrators. The benefits of arbitration are that it is less costly for you and for us, takes less time than actions take in court, and is confidential and private. However, it is important to understand that with arbitration, you will also be giving up certain rights, including the right to a jury trial, broad discovery, and appeals. 

Thank you for taking the time to listen to this explanation. I encourage you to read the agreement carefully and you can always contact us for further discussion if you have any questions. As a reminder, you can do so by reaching out to contact@donbivens.com or calling 602-762-2661. And remember, you’re also welcome to consult independent counsel before entering into this agreement.