StubHub & Viagogo tickets: Are you owed a refund or payment?

Law Office of Bradford A. Clements/LegaFi Law LLC
Confidential Communication, Attorney-Client Privileged
Client Retainer Agreement
Thank you for selecting the Law Office of Bradford A. Clements (“Mr. Clements”) and LegaFi
Law LLC (“LegaFi”) (collectively, “We” or “Counsel”) to jointly serve as your Counsel. The
purpose of this Agreement is to outline the nature of the engagement between Counsel and you
and our respective responsibilities and expectations.
Neither Mr. Clements nor LegaFi represent you in the negotiation of this Agreement. You are
free to obtain independent legal advice regarding this Agreement.
Scope of the Engagement The scope of this engagement is limited to your claims against
StubHub. The primary goal of this engagement is to reach a settlement agreement with StubHub
that provides you actual damages (such as a buyer’s refund or a seller’s sale proceeds and/or
reversal of a penalty) or, alternatively, obtain an arbitrator’s order that resolves your claim with
the applicable actual damages. Attorney fees based on Mr. Clements’s reasonable hourly rate and
number of hours worked are to be paid by StubHub (not you), either as part of a settlement
agreement or as awarded by an arbitrator.
Client understands Counsel will share the attorney fees referenced above as follows:
50% to Law Office of Bradford A. Clements
50% to LegaFi
Scope of Representation Subject to Counsel’s investigation of the viability of the claim(s) in
their sole determination, Counsel agrees to jointly represent you with regard to the claims
described above. Counsel have not agreed to represent you in any appeal. The responsibility for
the claim(s) will be divided by Counsel as follows:
LegaFi will gather background information from you regarding the claim(s), communicate with
you as needed, and coordinate with Mr. Clements regarding the status and advancement of your
claims; Mr. Clements will take primary responsibility for the day-to-day prosecution of the
claim(s).
You understand that Counsel cannot make and have not made any guarantee regarding the
outcome of the Claim. You understand that until you return a signed copy of this Agreement to
Counsel, no attorney-client relationship exists, Counsel is not obligated to perform legal services
for you or on your behalf, and this Agreement will not take effect.
Uncertain Outcome Counsel will do its best to serve you efficiently. The outcome of any matter
is subject to inherent risks and other factors beyond the Counsel’s control. Therefore, Counsel
has not made, and cannot make, any guarantees or promises concerning the outcome of this
matter.
Consent to Settlement Mr. Clements will not enter into any settlement agreement without your
consent.
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LegaFi Law LLC • Phoenix, Arizona • 888-4-LegaFi • www.legafi.com
Brad Clements Law • Fredericksburg, TX • 830-992-9202 • www.bradclementslaw.com
Law Office of Bradford A. Clements/LegaFi Law LLC
Confidential Communication, Attorney-Client Privileged
The following sections explain that you are not responsible for any fees or costs in this matter.
There may be no settlement or no arbitration award, in which case Counsel would simply
receive no fees.
Counsel Will Not Touch Any StubHub Refund, Payment, or Credit You Receive Once
Counsel has been engaged to represent a client, Mr. Clements sends StubHub a formal demand
letter or Notice of Dispute describing the incident and the client’s legal claims, and setting forth
Counsel’s requested compensatory relief. Soon after receiving Mr. Clements’s demand letter,
StubHub frequently provides Counsel’s clients direct refunds, payments, or credits (as the case
may be). This is your money (whether the full amount requested in the demand letter or a partial
amount), and Counsel will not touch it.
Assignment of Legal Claim for Statutory or Common Law Attorney Fees California law
applies to all StubHub cases involving United States and Canada residents. California law
incentivizes private attorneys to take cases that benefit the public, such as Counsel’s group of
cases on behalf of consumers against StubHub. California law, in certain circumstances, requires
the business to play the prevailing consumer’s attorney fees. You assign to Counsel the legal
claim for statutory attorney fees under the California Consumer Legal Remedies Act, California
Unfair Practices Act, or any other state or federal statute for which we present a claim against
StubHub, as well as any common law and equitable causes of action that also provide for
attorney fees.
Reaching a Satisfactory Full Settlement Agreement Is the Primary Objective of This
Engagement Our goal is to achieve a settlement that provides (a) you the compensation
described in the “Scope of the Engagement” section above and (b) attorney fees to Counsel that
are separately paid by StubHub. Mr. Clements has reached this resolution with StubHub for
many satisfied clients to date. For example, in a recent case where a seller was owed $2,250 by
StubHub, the seller reached a settlement where the seller received $2,250 and StubHub
separately paid Mr. Clements his attorney fees.
In the event there is an amicable resolution of this case, you and Mr. Clements commit to work
together to have StubHub make separate payments and send out separate 1099 forms.
Reaching a Satisfactory Partial Settlement Agreement (Providing You Compensation and
Leaving the Attorney-Fee Determination to an Arbitrator) Is the Secondary Objective of
This Engagement If the full settlement agreement described above cannot be reached, the next
objective of this engagement is to obtain a partial settlement agreement that provides you the
compensation described in the “Scope of the Engagement” section above and leaves it to an
arbitrator to determine Mr. Clements’s attorney fees.
If a Settlement Cannot Be Reached, We Aim to Obtain an Arbitrator’s Award That
Provides You Compensation and Awards Mr. Clements Attorney Fees If neither a full nor
partial settlement agreement can be reached, we will proceed to have an arbitrator determine
whether you receive any compensation and whether Mr. Clements receives any fees. In
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LegaFi Law LLC • Phoenix, Arizona • 888-4-LegaFi • www.legafi.com
Brad Clements Law • Fredericksburg, TX • 830-992-9202 • www.bradclementslaw.com
Law Office of Bradford A. Clements/LegaFi Law LLC
Confidential Communication, Attorney-Client Privileged
arbitration, StubHub will be responsible for all costs of arbitration (aside from at most a $225
consumer filing fee that Mr. Clements will pay – see immediately below) pursuant to its Global
User Agreement and the American Arbitration Association’s Consumer Rules. We will ask the
arbitrator to award you compensation and Mr. Clements his current attorney fees, but the
arbitrator will make the ultimate determination as to both amounts, if any. Mr. Clements will
only be entitled to the portion of any final award for attorney fees, if any, and no part of your
damages, if any. If no recovery is obtained by you of any type, then Counsel will not receive
anything and you also will not owe Counsel any attorney fees.
Participation in Arbitration Mr. Clements will do his best to settle this matter in a satisfactory
manner for you without going to arbitration. However, Mr. Clements cannot control whether
StubHub offers you a good settlement offer or any settlement offer at all. You understand that it
may be necessary for you to participate in an arbitration proceeding to achieve the best resolution
in this matter. Mr. Clements has explained what arbitration entails, and you agree to participate in
an arbitration proceeding if StubHub does not settle the case beforehand.
Expenses If this case proceeds to arbitration, the consumer filing fee is at most $225. Mr.
Clements will cover that expense, if any, and seek reimbursement from StubHub in any
settlement or arbitrator’s award. No other expenses are expected in this matter. However, were an
expense to arise in the course of rendering services to you (such as service of process, additional
delivery services, postage), Mr. Clements will pay the costs and only be reimbursed in the event
of a settlement or arbitrator’s award.
Termination of the Representation by You This Agreement will automatically terminate upon
final resolution or legal disposition of the Claim. You have the right at any time to terminate the
services and representation under this Agreement by notifying Counsel in writing via email.
Client shall send written notice to the following:
Bradford A. Clements: [email protected]
Scott B. Seymann, LegaFi Law: [email protected]
Please note that your right to obtain new counsel may be subject to court approval. It is possible
that the court may (a) decide not to grant the substitution of counsel or (b) refuse to delay the
proceeding to accommodate the hiring of new counsel.
Termination of the Representation by Counsel Counsel also has the right to terminate the
representation for good cause, subject to an obligation to give you reasonable notice to arrange
for alternative representation. Good cause to withdraw includes, but is not limited to: (a) your
failure to honor the terms of the engagement; (b) your failure to cooperate or follow Counsel’s
advice on a material matter; (c) whether Counsel’s continued representation would be unlawful
or unethical; or (d) any other reason permitted by the applicable ethics rules. Counsel reserves
the right to withdraw with 30 days’ notice. Counsel will inform you in writing by email of its
intent to withdraw, and will take steps that are reasonably practicable to protect your interests in
this matter. You agree to take all steps necessary to free Counsel of any obligation to perform
further, including the execution of any documents necessary to perfect Counsel ’s withdrawal. If
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LegaFi Law LLC • Phoenix, Arizona • 888-4-LegaFi • www.legafi.com
Brad Clements Law • Fredericksburg, TX • 830-992-9202 • www.bradclementslaw.com
Law Office of Bradford A. Clements/LegaFi Law LLC
Confidential Communication, Attorney-Client Privileged
permission for withdrawal is required by a court, Counsel will promptly apply for such
permission and you agree to engage successor counsel to represent you.
Client Documents During the engagement, Counsel will maintain all documents relevant to this
representation. At the conclusion of this engagement, Counsel will retain your original
documents for a period of seven years unless you request that they be returned to you. If you
have not requested possession of the file or any of its contents at the end of seven years, Counsel
will destroy the file in accordance with its record retention program.
Communication It is important for you and Counsel to maintain open communication with each
other throughout the engagement. Counsel will regularly keep you informed of the status of the
matter and will promptly notify you of any major case developments. Counsel will consult with
you whenever appropriate. You agree to communicate with and provide Counsel with complete
and accurate information as needed to further the case. You will update us on any developments
relevant to your matter. Further, you will timely notify Counsel of any changes to your personal
information and any extended periods of time when you will be unavailable. Unless you
specifically direct Counsel otherwise, Counsel may use cell phones and emails during this
engagement. Transmissions may not be encrypted so the use of such forms of communication
under current technologies may place confidential or privileged information at risk. Similarly, the
use of cell phones may place confidential or privileged information at risk. By signing below,
you consent to Counsel’s use of these forms of communication.
Use of Artificial Intelligence and Technology Tools Counsel may utilize artificial intelligence
(“AI”), machine learning, or other advanced technology tools to assist in the delivery of legal
services. These tools may be used for purposes including, but not limited to, legal research,
document drafting, case analysis, data organization, and client communication.
The use of such tools is intended to increase efficiency, reduce costs, and enhance the quality of
legal services. Attorneys will exercise professional judgment in reviewing and verifying the
accuracy and appropriateness of any output generated by these technologies.
No confidential client information will be shared with third-party AI platforms without
appropriate safeguards or client consent, and any such use will comply with all applicable rules
of professional conduct, including duties of competence, confidentiality, and supervision.
By signing this Agreement, you acknowledge and consent to Counsel’s use of AI-assisted
technologies as part of its legal services, subject to the above limitations.
Cooperation You will assist and cooperate fully with Counsel with respect to this engagement.
In connection with this engagement, you will be available to discuss issues as they arise,
comment on, and approve draft documents we prepare and attend and participate in meetings,
preparation sessions, arbitration or court proceedings, mediation, and other activities. You also
agree to be truthful and to fully and accurately disclose to us all facts that may be relevant to the
matter or that Counsel otherwise may request. You will timely provide any new information that
you receive about the matter so that Counsel can represent you effectively.
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LegaFi Law LLC • Phoenix, Arizona • 888-4-LegaFi • www.legafi.com
Brad Clements Law • Fredericksburg, TX • 830-992-9202 • www.bradclementslaw.com
Law Office of Bradford A. Clements/LegaFi Law LLC
Confidential Communication, Attorney-Client Privileged
Spoliation You understand the legal obligation to preserve and not destroy all evidence that is
relevant to your matter. This evidence may include traditional paper documents, electronic data,
or other electronically stored information (including, but not limited to audio, video, email, email
attachments, text messages, social media posts, memos, notes, spreadsheets, and discs), and all
information preserved in any other tangible form. Failing to preserve all relevant evidence may
adversely impact your matter, including dismissal of your case.
Privacy In the course of providing legal services to you, Counsel may receive nonpublic
personal information about you. All such information will be held in strict confidence and will
not be disseminated to any person or entity outside this law firm without your consent, unless
such disclosure is required under the applicable law. Counsel may store some or all of your files
on a variety of platforms, including third-party cloud-based servers. Although Counsel takes
every precaution to make sure these servers are encrypted and secure, there is still a risk that
your confidential or privileged information may be disclosed. By signing below, you consent to
Counsel’s use of such storage services.
Attorney-Client Privilege Generally, information Counsel receives from you is subject to the
attorney-client privilege. Counsel will strictly maintain the information you provide it as
privileged unless Counsel is required to disclose the information by law, ethical rules, or court
order.
Entire Agreement This Agreement constitutes the sole and entire agreement between you and
Counsel with respect to the subject matter of this Agreement, and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and
oral, with respect to the subject matter. In the event of any inconsistency between the statements
in this Agreement and any other document, the statements in this Agreement shall control.
Effective Date This Agreement has already been signed by Mr. Clements and an attorney
representative of LegaFi. It becomes effective as soon as you sign it and applies to any
subsequent StubHub payment, credit, settlement offer, or arbitrator’s award obtained by Counsel
on your behalf.
Please review this Agreement carefully, and if you have any questions or concerns prior to
signing please contact either of the following Counsel:
Bradford A. Clements: 830-992-9202 or [email protected]
Scott B. Seymann, LegaFi Law: 213-866-3824 or [email protected]
If you agree to the terms of this Agreement , please sign below where indicated. A digital copy
will be transmitted to Counsel and you will have the option to retain a fully executed copy for
your files. We appreciate the chance to be of service and look forward to working with you.
ACCEPTED AND AGREED to by:
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LegaFi Law LLC • Phoenix, Arizona • 888-4-LegaFi • www.legafi.com
Brad Clements Law • Fredericksburg, TX • 830-992-9202 • www.bradclementslaw.com