1. I understand and agree an attorney- client relationship does not and will not exist for this matter UNLESS AND UNTIL Hattis Law PLLC (“ATTORNEYS”) signs this document. I understand and agree that this application will become an attorney-client representation agreement ONLY if ATTORNEYS signs this document. I understand that if I have any questions about the contents of this application, I can contact ATTORNEYS at [email protected]. Notwithstanding the foregoing, I agree that by submitting this application, I consent to receive marketing emails from ATTORNEYS.
2. If I am chosen to be a client, ATTORNEYS will represent me for the purpose of assisting me with my claims against 1-800-Flowers.com, Inc. (“1800FLOWERS”) alleging that I was the victim of 1800FLOWERS’ deceptive pricing practices.
3. ATTORNEYS will decide in their sole discretion the most appropriate procedural vehicle for pursuing my claims. By entering into this Agreement, I hereby authorize ATTORNEYS to decide, in ATTORNEYS’ sole discretion, whether my claims against 1800FLOWERS are brought in a demand letter, as an arbitration, as an absent class member in a civil class action, or via another method, vehicle or form. If ATTORNEYS determine that I may qualify to serve as a named plaintiff in a civil class action, I understand that ATTORNEYS may later discuss this with me and I may later agree to do so via a separate agreement.
4. In making this application to be a client, I authorize ATTORNEYS to investigate the factual and legal basis of my claims against 1800FLOWERS. I represent that at least one of the following statements is true and correct: (a) I purchased a product from 1800FLOWERS through its website or mobile app, or by phone (a “1800FLOWERS Purchase”); (b) I am the spouse or domestic partner of, or I hold power of attorney for, the person who made a 1800FLOWERS Purchase; or (c) I paid for a 1800FLOWERS Purchase that was made by a member of my family or household. I am submitting this application in good faith solely in order to pursue my claims against 1800FLOWERS. I am not an employee or agent of 1800FLOWERS or of 1800FLOWERS’s counsel. I am not an employee of, agent of, or lawyer affiliated with a law firm or law practice that prosecutes consumer claims or defends companies against consumer claims.
5. If I am chosen to be a client and a civil action involving my claims as an absent class member is certified as a class action, I understand I will retain the right, as a class member, under the class action rules, to support, oppose, or comment upon any proposed settlement of all or part of the class action, and to support, oppose, or comment upon any application for compensation made by ATTORNEYS. If the action is certified as a class action, and if a monetary recovery is obtained therein for the class, either by settlement or judgment, ATTORNEYS retain the right to apply to the court for the entirety of their compensation on a reasonable percentage of recovery basis out of such recovery, and/or from 1800FLOWERS if allowed by statute and case law.
6. If I am chosen to be a client and my claims are brought as an absent class member in a civil class action, ATTORNEYS will advance all costs related to the prosecution of the action at their sole expense.
7. If I am chosen to be a client and my claims are brought in arbitration, I understand it is possible that it ultimately may not be feasible to complete the arbitration. For example, the arbitration organization may refuse or be unable to administer, conduct or complete the arbitration for various reasons including: 1800FLOWERS’s Terms of Use may limit or prohibit mass arbitrations or may violate the rules of the arbitration organization; 1800FLOWERS may refuse to participate in the arbitration or pay the required fees for the arbitration; or 1800FLOWERS may refuse to comply with the arbitration organization’s requirements. I agree that, if the arbitration organization refuses to or is unable to administer, conduct or complete the arbitration, then I authorize ATTORNEYS to select (at ATTORNEYS’ discretion) one of the four following options. As one option, ATTORNEYS may choose to continue to represent me as an arbitration client, in which case I authorize ATTORNEYS to compel 1800FLOWERS to arbitrate (which may require court proceedings). As a second option, I consent to be represented by ATTORNEYS as an absent member of a class in a class action lawsuit against 1800FLOWERS, or, if I later agree to do so, as a named plaintiff in such a lawsuit. As a third option, ATTORNEYS may immediately terminate the attorney-client relationship and no longer represent me in any capacity. As a fourth option, ATTORNEYS and I may negotiate and enter into a modified or substitute attorney-client representation agreement. (These options are numbered for clarity and are not listed in a predetermined order of operation or desirability.)
8. If I am chosen to be a client and a difference of opinion arises between myself and ATTORNEYS on a material 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 based on their professional judgment to stop representing me at any time in these proceedings, after providing notice to me and acting consistently with their ethical obligations.
9. 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 1800FLOWERS.
10. I acknowledge that ATTORNEYS have made the following disclosures: ATTORNEYS intend to represent many clients with similar or identical claims against 1800FLOWERS. At this time, ATTORNEYS are not aware of any existing conflict of interest that has or could have an adverse impact on me or on ATTORNEYS’ representation of me. However, it is possible that a conflict of interest may arise in the future, including: if 1800FLOWERS offers an aggregate or “lump sum” settlement to all of ATTORNEYS’ clients that does not specify the amount each client will receive; or if 1800FLOWERS offers to settle only if a certain percentage, or all, of ATTORNEYS’ clients accept the proposed settlement. While ATTORNEYS will try to avoid these issues if it is practical to do so, they might arise.
11. If I am chosen to be a client and a conflict of interest affecting me arises, ATTORNEYS will inform me promptly and will work with me on how best to proceed in accordance with the applicable rules of professional conduct.
12. If I am chosen to be a client, ATTORNEYS may share information about my claims and negotiating position with ATTORNEYS’ other clients with similar or identical claims as part of the process of attempting to resolve my claims.
13. If I am chosen to be a client and ATTORNEYS decide to pursue my claims via arbitration (which may solely involve the service of a demand or notice letter), I agree to the following: If my claims are resolved by settlement prior to my demand for arbitration being submitted to the arbitration organization, then I agree that ATTORNEYS are entitled to a flat attorneys’ fee of $750 out of any recovery from 1800FLOWERS as payment for having investigated and prepared my claim, for having communicated my claim to 1800FLOWERS and for having negotiated a resolution. In that event, any amount greater than $750 that is recovered from 1800FLOWERS will be mine to keep. I agree that $750 is a reasonable attorneys’ fee for settlement of my claims prior to the submission of a demand for arbitration to the arbitration organization and is reflective of the time, effort, expense and skill ATTORNEYS will put into my claims up to that point. I understand that ATTORNEYS’ compensation is not set by law but is negotiable between attorney and client. (Some state laws require attorneys to disclose their regular hourly rates; ATTORNEYS have disclosed to me that their regular hourly rates range from $300 for paralegal staff to $1,025 for senior partners. ATTORNEYS have agreed that, if I am accepted as a client, and my claims are resolved by settlement prior to my demand for arbitration being submitted to the arbitration organization, ATTORNEYS will not charge me their regular hourly rates and will instead be compensated as provided for in this application.)
14. If I am chosen to be a client and ATTORNEYS decide to pursue my claims via arbitration, I agree to the following: If my claims are resolved after the demand for arbitration has been submitted to the arbitration organization, I authorize ATTORNEYS to apply to the arbitrator for, or to obtain directly from 1800FLOWERS, an award of the attorneys’ fees incurred, with the amount being no less than (but potentially greater than) $750, plus costs. I understand that ATTORNEYS’ compensation is not set by law but is negotiable between attorney and client.
15. 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) provide information necessary to notify 1800FLOWERS of my claims, including, without limitation, my contact information, my purchase and order information, and other relevant information; (b) discuss with 1800FLOWERS any account I have or had with 1800FLOWERS, including my use of 1800FLOWERS’s services, my 1800FLOWERS Purchases, my payments to 1800FLOWERS, and my interactions with 1800FLOWERS or its agents; (c) receive my confidential account records or information from 1800FLOWERS; (d) on my behalf, reject or opt out of an amendment or proposed amendment to the Terms of Use or other relevant 1800FLOWERS policies or agreements, and to take action to effectuate such a rejection or opt-out; (e) commence an arbitration against 1800FLOWERS to pursue my claims in arbitration concerning my 1800FLOWERS Purchases; (f) represent me as an absent class member in a civil class action against 1800FLOWERS regarding my claims; (g) 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 1800FLOWERS or of an arbitration organization; (h) execute documents (via e-signature, ink signature, or otherwise) in my name and on my behalf in fulfillment of the objectives of this attorney-client representation agreement including, without limitation, executing, signing or affixing my name or signature to notices of dispute and demands for arbitration; (i) appear on my behalf at telephone or video conferences or at other proceedings required or allowed by the dispute resolution provisions of 1800FLOWERS or of an arbitration organization; (j) bring and pursue a lawsuit in court to compel arbitration, to enforce an arbitration agreement, or to confirm, vacate or enforce an arbitration award; (k) present a document on my behalf that states that I have retained ATTORNEYS to represent me with regard to my claims and which lists actions authorized by this paragraph or by law; (l) present this attorney-client representation agreement (although ATTORNEYS retain the right to object to or seek an order preventing its production or admission); and (m) take any other action ATTORNEYS deem proper to effectuate the terms and goals of this attorney-client representation agreement and the attorney-client relationship.
16. In the event that a class action settlement which may encompass my claims is proposed or approved and ATTORNEYS conclude that the terms of the class action settlement are not in my best interest, can be improved upon or are inconsistent with my attorney-client representation agreement with ATTORNEYS, then ATTORNEYS may opt me out of the class action settlement and may execute in my name and on my behalf any document reasonably necessary to effectuate the opt out (which ATTORNEYS may effectuate simultaneously with or in conjunction with opt outs by other clients); before doing so, ATTORNEYS will communicate to me the material terms of the class action settlement and provide me with a reasonable opportunity to instruct them to take a course of action different from the opt out that I hereby pre-approve.
17. 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 both: (1) a payment by 1800FLOWERS to me equal to the total amount of non-government-related fees 1800FLOWERS charged me in excess of 1800FLOWERS’s advertised price for the products I purchased within the applicable statute of limitations; and (2) a payment by 1800FLOWERS to ATTORNEYS for attorneys’ fees and costs. 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 Law PLLC Attorney Trust Account or a third-party administrator for distribution to me or other clients, or (2) that does not include an offer to pay ATTORNEYS a reasonable amount of attorneys’ fees and costs as determined by ATTORNEYS.
18. If I am chosen to be a client and I am to receive a payment as part of a settlement, I agree that ATTORNEYS may transfer the payment to me electronically and that I will promptly provide to ATTORNEYS any information that ATTORNEYS may request to facilitate the transfer. If ATTORNEYS cannot for any reason successfully transfer the payment to me electronically, then I authorize ATTORNEYS to deliver the payment to me in the form of a paper check sent by first class U.S. mail or another delivery service to the most recent mailing address for myself that I have provided to ATTORNEYS. If I do not deposit or cash the paper check within three months of the date that the paper check was sent by ATTORNEYS, then ATTORNEYS will use reasonable business efforts to transfer the payment to me for a period of an additional six months. If all of the above efforts are unsuccessful in delivering the payment to me, then I agree that ATTORNEYS may donate the payment in my name to the charitable organization Feeding America.
19. 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.
20. 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 an 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.
21. If I am chosen to be a client, but I also sign up or have signed up as a client with a different law firm to pursue similar or identical claims against 1800FLOWERS, I understand that ATTORNEYS may terminate the attorney-client relationship such that ATTORNEYS would no longer represent me in any capacity.
22. 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. (I acknowledge that I am not required to provide this authorization for ATTORNEYS to represent me. If I do not wish ATTORNEYS to communicate with me via text message, I will let ATTORNEYS know by sending an email to [email protected] indicating that I do not wish to receive text messages.)
23. I acknowledge that ATTORNEYS provide NO GUARANTEE about the outcome of my claims.
