I was contacted by Stella S. Chu from RGP Attorneys about a class action suit against a former employer, who will remain anonymous. Stella S. Chu's assistant, Claudia, explained over the phone that the suit was a class action suit and that I could join in RGP Attorneys law firm for absolutely no money and no strings attached. I showed up to an intake meeting with Stella S. Chu. I waited there for almost two hours before meeting with anyone. Finally Stella S. Chu's assistant, Claudia, called me in. She confirmed that this was going to be a class action suit and I spoke with her about the details of the case. Claudia then sent me in to meet with Stella S. Chu, who probably took no more than one minute to speak with me. She asked if Claudia answered all my questions. I answered that she did not.
Stella S. Chu said I could go back out and speak with Claudia again. I did. Claudia handed me the forms from RGP Attorneys stating the exact opposite of everything we had spoken about. The forms specifically said that the suit was not a class action suit. I asked her about that and she told me that it was a typo. I then asked what would happen if I fired them; if any fees or liens would be attached to the case since it was a class action and if I would even be able to fire them. Claudia told me that there would be no fees of any kind and that I would be free to find other legal counsel without any strings as she explained over the phone. This sounded a little funny to me so I decided to email RGP Attorneys and Stella S. Chu. The emails we exchanged are listed below:
Mr. Omitted,
Per our telephonic conversation of today, November 19, 2008, this correspondence shall serve as confirmation that our firm does not represent you in the Omitted Group-related employment matter.
Should you have any questions or if I can assist you any further, please do not hesitate to contact me.
Sincerely,
Stella S. Chu, Esq.
Associate
New World Tower
100 N. Biscayne Blvd., Suite 2800
Miami, Florida 33132
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
WWW.RGPATTORNEYS.COM
That time is definitely not good. My office is in West Palm Beach and it would take me approximately two hours to drive down there and another two to come back up. I'm sure your time is valuable, but I hope you can appreciate that I am a director in one of the largest seo firms in the US and can't afford to take that sort of time off. This should have been addressed while I was there yesterday. Please suggest something more considerate.
Mr. Omitted,
I appreciate your response and have reviewed your concerns. To expedite the matter, I have scheduled you to come into the office at 2:00 pm today so that your questions can be fully addressed. If this time is not good for you, please indicate another time for tomorrow or the next week. Our office hours are Monday - Friday from 9:00 a.m. - 5:00 p.m.
Thank you,
Stella S. Chu, Esq.
Associate
New World Tower
100 N. Biscayne Blvd., Suite 2800
Miami, Florida 33132
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
WWW.RGPATTORNEYS.COM
Ms. Chu, that is correct.
She said that the contingency fee agreement was for a class action suit. The writing was an individual part of the contract between your firm and me. It did not mention anything about a class action, nor are any of the requirements of rule 23 met. She said that either your firm or me could terminate the contract at any time, whether or not there is partial performance without any fees or liens being imposed on work already completed. She also said I would not have to pay any fees since this is a class action suit. The writing specifically states otherwise and says that I would be responsible for fees and a lien if there is a judgment in my favor, say I choose to hire another lawyer. This would violate rule 23 at any rate, "The claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court's approval." 28 U.S.C.
Dear Mr. Omitted,
Thank you for your e-mail. Your correspondence indicates that there was a discrepancy between the information Ms. Garcia relayed to you and what was stated in the written attorney/client agreement. You also requested for a written addendum or revised contract. To better assist you, please expound on the discrepancy in which you refer. You indicated that what Ms. Garcia told you was completely different than what was memorialized in writing. I would like to know what was different in order to properly address your inquiry.
Your attention to this matter is appreciated.
Sincerely,
Stella S. Chu
Stella S. Chu, Esq.
Associate
New World Tower
100 N. Biscayne Blvd., Suite 2800
Miami, Florida 33132
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
WWW.RGPATTORNEYS.COM
Ms. Chu, I have some concerns regarding our meeting yesterday. You told me that Claudia would explain the written portion of the contract to me in retaining your services under a contingency fee. She did; however, what she said was completely different than what is in the writing. I'm sure you can appreciate that considering this is at least a partial integration, I can't really go by what she says. In order for me to proceed further I would need either an addendum to the written portion or a revised version. Thank you for your understanding.
P.S. I'm not sure if it is intentional, but your card has the wrong website listed as the email address; it has rpg instead of rgp
Clintoncimring
Delray Beach, Florida
U.S.A.