Resources > Legal Engagement Terms

Who Will Work With You?

A member of the firm will be designated to be your primary contact, responsible for keeping you informed of the progress of any investigations or cases we are handling for you. A team of lawyers, paralegals and support staff will work on your behalf. Typically, in large class action cases or mass torts, we work with other law firms representing additional clients as well as the class. In this way, we maximize the legal talent and resources available for the successful prosecution of your case.

You Are Vital To Your Own Success

The client plays an integral role in the development of a case. The information and facts you provide are critical to your case. As such, your active participation is vital. This often means producing non-privileged documents requested by the other side, giving deposition testimony, consulting with us when asked, and appearing at trial if necessary. No firm can go it alone. We need you to provide complete information for the efficient and effective protection of your interests.

The importance of providing complete and truthful information cannot be overstated. Lawyers make mistakes when they are forced to assume important facts. We need to know all of the relevant information and have access to all relevant documents.

Retainer Agreements

At the beginning of a relationship, you will typically sign a written retainer agreement. This agreement defines the scope of our undertaking. We will perform only the tasks set out in the retainer agreement or in other written communication between us.

Our duty is to the client named in the retainer agreement and any additional named plaintiffs.

Other terms that may or may not appear in your retainer agreement are described below. Each agreement is different; therefore, the descriptions in this website are not a substitute for reading your own agreement and should not be used to interpret that agreement. However, you may find these descriptions helpful before speaking to us about your case.

Attorneys' Fees

In general, unless we are acting as defense counsel, ours is a contingent fee practice, meaning our recovery of attorneys' fees depends on the outcome of the case. If a case is not a class action, our fees will be specified in the retainer agreement, typically as a percentage of what we are able to recover. In a class action, our fees are whatever the judge handling the case determines is appropriate to award. If we represent you in a class action, the firm's retainer agreement will state that if the case is not "certified" as a class action, the firm has the right to withdraw as counsel.

Billing Procedures For Hourly Clients

If you hire on firm on an hourly-rate basis, the firm typically requires the payment of a nonrefundable retainer at the beginning of work on the client's behalf. (In class and most contingent litigation, no retainer is required.) Clients are billed for both attorneys' fees and expenses on a monthly basis. A final bill is delivered upon completion of work on the case.

WW expects to receive payment within 30 days of invoice date. If no payment is received within that time, the firm has the right to charge interest at prevailing rates as permitted by law. Should a client have genuine difficulty in paying its legal bills, the firm will many times work with that individual, organization or group to arrange some type of more suitable payment schedule.

Costs

In a contingent fee case, the firm and other attorneys with whom we associate will advance the costs of the case. These costs can include expert fees, costs of deposition transcripts, copying costs, filing fees and the like. These costs are reimbursed only when awarded by a judge after a case has been successfully resolved. If no settlement or judgment is awarded, the firm receives no cost reimbursement.

In the case of an individual action that is not a class action, the client pays all costs as the case progresses. Our retainer agreement provides that all invoices for costs be sent to the client for payment or advanced by us. Clients must pay this within the time frame specified on the invoice. If the firm advances costs on a client's behalf, the client must reimburse the firm within 30 days after the date of invoice. Failure to reimburse for costs as set forth in the retainer agreement is grounds for our withdrawal as the client's attorney.

Counterclaims

With some exceptions, if the firm is asked to defend a counterclaim against a client while prosecuting an action on a contingent fee basis, the retainer agreement may require that the client pay attorneys' fees as well as expenses. Fees to defend a counterclaim will be based upon normal hourly rates in effect at the time the bill for services is rendered. These rates are subject to change periodically.

Termination

With appropriate notice, either the firm or the client may terminate the working relationship. If the client terminates our representation in a non-class action case, the retainer agreement will require that the client pay our fees at our normal hourly rates in effect at the time of termination, together with all disbursements incurred on its behalf. A final bill will include fees and costs incurred for any work done on the client's behalf and implemented after termination.