Z Law, LLC d/b/a/ SueThem (“Us,” “We,” or “Our”), agrees to provide You legal services under the terms of this retainer agreement (“Agreement”). Any and all written communications from Us will be delivered by email from [email protected] or [email protected]. Please add these email addresses to your safe sender list.
Scope of Representation
The scope of these legal services will be defined by an Addendum for each separate representation. Each Addendum is incorporated herein by reference. Upon the commencement of Our representation of You, We will send to You a link, via email, that will provide you access to this Agreement and all Addenda related to each specific claim We will pursue on Your behalf. All claims We pursue on Your behalf, will hereinafter be referred to as “the Claims” or “Your Claims.”
Client’s Duties
a. Contact Information – You agree to inform Us if You change Your address, phone number, or email address within five business days of such change.
b. You also agree to be responsive to communications from Us, including by checking Your emails (both inbox and spam), checking Your client portal, and text messages at least once a week throughout the course of the claim. You agree that We may email You or send You text messages with links to documents about Your claim, including links to documents with Your contact information and details about any settlement offer extended to You, and You agree to receive the documents from Us in these electronic forms.
c. Participation in Discovery – You may be required to produce documents, answer written questions, or appear at a time and place to answer questions under oath. You agree to make Yourself available to do these things on reasonable notice. Failure to provide this information may delay or prevent Us from filing Your Claims, or hurt the value of Your Claims.
Attorneys’ Right to Withdraw
You acknowledge that We have the right to stop representing You if: (a) for any reason prior to filing any of Your Claims in arbitration; (b) in Our professional judgment and consistent with Our ethical responsibilities, We conclude Your Claims are unlikely to result in a recovery; (c) We determine that You have unreasonable expectations regarding the resolution of Your Claims; (d) You are nonresponsive to Our communications; (e) if Our communications are not deliverable to the contact information You provided Us; (f) if You fail to participate in discovery; or (g) if an uncurable conflict of interest arises.
Client’s Right to Terminate Attorneys
You may terminate Us at any time by written notice.
Attorney’s Fees and Costs
The fee for representing You for each of Your Claims is computed as the greater of a flat rate of one thousand dollars (the “minimum attorneys’ fees amount”) or forty percent of the recovery. In either event, SueThem will be entitled to reimburse itself for all reasonable legal costs and filing fees (including interest or factoring accrued on the filing fees) paid on Your behalf, which will be reimbursed prior to any distribution to You. The fee will not change regardless of the amount of time spent representing You in Your Claims, but legal costs and filing fees can increase throughout the representation. You agree that this is a reasonable fee in light of the expense, risk, and skill We will need to devote to Your Claims.
The fee and reimbursement of legal costs and filing fees are due in full and shall be paid first out of any affirmative recovery We obtain on Your behalf. You will have no obligation to pay the fee or any legal costs or filing fees unless You make a material misrepresentation in qualifying for this representation. Other than as stated herein, SueThem shall only recover its fee, legal costs, and filing fees from any company against whom We file a claim or out of any recovery obtained by SueThem for You as part of this representation. You understand and agree that the only form of acceptable relief for the Claims is a monetary recovery.
You acknowledge that this fee is negotiable and is the result of an arm’s length transaction between You and SueThem. Even though You will pay nothing unless You recover, We are required to note that the hourly rates for the attorneys and other professional staff who may work on Your case range from $250 for junior paralegal staff to $1250 per hour for a senior attorney.
If We represent more than one client with claims similar to Yours (which We intend to do), We may apportion expenses that go toward pursuing the claims of all clients on a pro rata basis among You and similar clients, but only if those expenses can reasonably be viewed as benefitting You and the other clients.
Potential Conflicts
We intend to represent many clients with Claims like Yours. At this time, Your interests and the interests of Our other clients align. It is, however, possible that conflicts may arise in the future, including if: (a) there is a limited pool of assets from which recovery is sought and those assets are insufficient to pay all of Our clients the full value of their Claims; (b) a defendant/respondent offers a “lump sum” settlement to all of Our clients that does not specify the amount each client will receive; or (c) a defendant offers to settle, but only if a certain percentage of Our clients accept the settlement. We may also be required to share information about Your Claims with Our other clients. You acknowledge and agree that, despite Your current consensus on all material issues, it is possible that disagreements and other differences may arise between and among those in Your group in the future. If You cannot resolve Your differences and We determine that those differences result in a conflict of interest that would materially limit Our ability to provide competent and diligent representation to You or any of Our other clients with respect to the Claims, then You acknowledge and agree that We may withdraw from the representation of You or one or more of Our clients as necessary to resolve the conflict of interest. In such event, You agree that We may continue to represent the other clients, even if, as a result of such withdrawal, We take positions adverse to Your interests. One of the necessary consequences of joint representation of multiple clients is the sharing of confidential information concerning the subject matter of the joint representation. You acknowledge and agree that whatever material communications or information that We receive from You or any of Our clients concerning the Claims will be shared with each of You as We consider appropriate. You have also been informed and understand that We will have to withdraw if You or one of Our clients insists that We should keep from the other(s) or any number of them some matter material to the representation. In such an instance, You agree that We have Your consent to withdraw from representing the client who insists on withholding the information and to continue to represent the other clients, including in matters adverse to You. You agree that such a representation may involve both adverse litigation as well as non-litigation adverse representation, such as negotiating a transaction with You.
You further acknowledge and agree that if You are no longer represented by Us in Your Claims as the result of Our withdrawal because of a conflict of interest or other cause, We may nevertheless use any confidential information We have concerning this matter adversely to You or to the advantage of those We continue to represent in any subsequent negotiation or proceeding relevant to the Claims.
Subject to the terms of this Agreement, You and any of Our clients may withdraw from the joint representation at any time for any reason, upon written notice to Us and the others in the group. You acknowledge and agree, however, that: (1) You will be responsible to retain and pay for separate legal representation; and (2) We may continue to represent the others in the group consistent with the other provisions of the Agreement, even if We may take positions adverse to Your interests in any subsequent negotiation or proceeding relating to the Claims.
We advise you to seek the advice of counsel other than Us with respect to the advisability and risks of entering into this Agreement. You acknowledge that We have advised You of the potential for a conflict of interest in this joint representation and that We have further advised You to seek the advice of counsel other than Us with respect to the advisability and risks of entering into this Agreement. You acknowledge that You have either consulted such independent counsel or, having had an adequate opportunity to seek such advice, have declined to follow Our advice to do so. If any of the above conflicts do arise, You consent to allow Us to continue representing You. If other types of conflicts arise, We will inform You promptly and work with You on how best to proceed.
Consent to Adverse Representation
You acknowledge that We are engaged in a nationwide practice involving clients in many industries and with extensive legal needs. By signing this agreement, You agree that if We determine in the future that another one of Our clients (whether a continuing client or new client) requires Our services in a matter other than one in which We represent You, We may undertake the representation, even if the representation is adverse to You or persons or entities related to You, such as corporate officers, parents, subsidiaries or affiliates, so long as Our representation of the other client involves a matter which is factually unrelated to a Claim in which We have represented or currently represent You.
Association of Counsel
We may associate with other counsel to assist with Your Claims and You authorize Us to do so on written notice to You. We will pay for associated counsel without passing the expense on to You.
Express Written Consent to Send Text Messages
You provide Us Your express authorization to send text messages to the number or numbers You provide to Us. You represent that You are the subscriber of those numbers and have the authority to give such consent. You also authorize Us to deliver or cause to be delivered to You telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice. You also authorize Us to deliver or cause to be delivered to You voicemails using an automatic telephone dialing system or an artificial or prerecorded voice. You are not required to provide Us this authorization for Us to represent You. If You do not wish to receive text messages or other telemarketing or robocalls, please let Us know.
Results; Choice of Law; Modification
It is impossible to predict the outcome of this representation. SueThem makes no warranties or representations regarding the likelihood of success with respect to our pursuit of Your Claims or of this representation generally. This agreement may only be modified in writing. You agree that the law to be applied to this Agreement, including the law to be applied to all obligations of SueThem with respect to Your Claim against Company, including ethical obligations, is the law of the State of Maryland. In the event of any dispute between You and Us, the Terms of Service set forth several material limitations on Your and Our rights to pursue remedies in court, including, but not limited to, a class action waiver. All disputes between You and Us must be brought in the courts of Baltimore County, Maryland.
Conveying Settlement Offers to You; Requesting Permission to Convey Settlement Demands Related to Your Claims; Settlement Authority
In the event We receive an offer to settle one or more of Your Claims for an amount greater than the minimum attorneys’ fee amount, We will convey that settlement offer to You via email or text message, using the contact information You provide to Us. In the event We send You such an email or text message conveying an offer for settlement, We will advise You as to whether or not We think You should accept or reject that offer. You agree that, in the event You do not respond to any such email or text message, We will deem Your lack of a response an indication that You intend to follow whatever advice We give You regarding that offer. You hereby authorize US to accept a settlement offer, without further direction by You, that provides for a disbursement to You of two hundred fifty dollars.
Additionally, We may request Your permission to convey a settlement demand. We will request permission of You via email or text message, using the contact information You provide to Us. You agree that, in the event You do not respond to any such email or text message requesting permission to convey a settlement demand, We will deem Your lack of a response as an indication that You intend to give Us permission to convey the settlement demand.
Timeline for Filing Claim
While We make no guarantees or representations about how long it will take for Us to begin Your Claims, We intend to begin pursuing Your Claims within approximately four (4) months from the date of when You indicate that You would like us to pursue a particular Claim against a particular company (“the Commencement Date”). We make no representations regarding how long it may take to conclude any of Your Claims. You understand and acknowledge that it could take several years from the Commencement Date for Us to bring Your Claims to a conclusion.
Client Representation
I am not an employee or agent of Prosper or of Prosper’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. I declare under penalty of perjury, under the laws of the United States, that the information entered is accurate to the best of my knowledge.
Validity of Electronic Signature
The parties agree that this agreement may be electronically signed and that the electronic signature on this agreement is the same as a handwritten signature for the purpose of validity, enforceability, and admissibility.
Incorporation by Reference
Any and all Addenda to this Agreement are hereby incorporated into this Agreement by reference. You agree that neither You nor We will need to sign any Addenda in order for those Addenda to be legally binding or controlling over Our representation of You.
By signing below, You understand and accept this agreement, the terms of service (https://suethem.com/Home/TermsOfUse) and privacy policy (https://suethem.com/Home/Privacy). SueThem may opt me out of any changes to the terms of service with any Company related to an Addenda.
Addendum to Retainer Agreement – Prosper
This Addendum (“Addendum”) serves as an addendum to the Retainer Agreement (“Agreement”) you (“You”) previously electronically signed, in which You retained Z Law, LLC d/b/a SueThem (“Us,” “We,” or “Our”) to provide You legal services from time to time. You have indicated you would like Us to pursue a claim against Prosper for failing to secure your personal information in a data breach occurring in 2025. The terms of Our representation of You against Prosper, including the fee to be charged for this representation, are identified in the Agreement. This Addendum sets forth the scope of the representation with respect to Your claim against Prosper. Towards that end, the terms of the Agreement are hereby incorporated by reference into this Addendum, and unless otherwise modified by this Addendum, the Terms of the Agreement shall control all aspects of our representation of you related to Your claim against Prosper.
The scope of representation will be related only to asserting claims You may have against Prosper for the failure to secure your personal information in a data breach occurring in 2025. SueThem agrees to represent You in investigating and, if appropriate, filing an individual arbitration claim against Prosper, and its affiliates. We expect to file Your claim in arbitration, but may also pursue remedies in court where appropriate. We have no obligation to represent You in any other matter unless otherwise agreed and cannot provide any guarantee about the outcome of Your potential claim against Prosper.
