FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`EMPLOYMENT LAW GROUP, LLC
`
`New Jersey Office:
`350 Main Street
`West Orange, NJ 07901
`New York Office:
`188 Grand St., Unit #170
`New York, NY 10013
`Connecticut Office:
`2842 Main St., #332
`Glastonbury, CT 06033
`
`Attorneys:
`Sean L. Branigan, Esq.
` Admitted in New Jersey
`Paul S. Grosswald, Esq.
` Admitted in New Jersey & New York
`Karlene Rawle-Walters
` Admitted in New Jersey
`Laura Kay Wilson
` Admitted in Connecticut & Michigan
`
`
`
`NEW YORK ENGAGEMENT AGREEMENTNEW YORK ENGAGEMENT AGREEMENT
`
`
`Natasha Hance
`2450 Van Vranken Avenue, Apt. 9-10
`Schenectady, NY 12308
`+1 (518) 878-7083
`natashanani78@gmail.com
`
`REGARDING:Sexual harassment; retaliation
`
` The above-named individual(s) [hereinafter referred to as “the Client”] hereby retains Employment Law Group, LLC,
`which is a law firm, [hereinafter referred to as “the Firm”], to represent Client’s interests with respect to all claims against:
`
`Pepsi Co., et al.
`
`and any other relevant person or entity, arising out of an incident or series of incidents which occurred on or about:
`
`April 2022 - present
`
`allegedly causing the Client to suffer damages and/or a violation of civil rights.
`
`The Firm agrees to handle all such claims through final settlement or judgment, and through any appeals if necessary to
`preserve a favorable judgment. This agreement does not obligate the Firm to handle any appeals relating to such claims
`where such an appeal is not necessary to preserve a favorable judgment, or where there is no favorable judgment. This
`agreement also does not obligate the Firm to defend any counterclaims that may be brought against the Client, or handle
`any other legal issues of the Client, and if the Client wishes the Firm to handle any such matters, a new agreement will be
`required.
`
` The Client has agreed that the Firm will undertake this engagement on a contingency fee basis, meaning that the
`Client will not owe a fee to the Firm unless the Firm recovers money on behalf of the Client. The Client acknowledges that
`the Firm has advised the Client of the right and afforded the Client the opportunity to retain the Firm under an arrangement
`for compensation that is based on the reasonable value of the Firm’s legal services, which the Firm values at $500 per
`attorney-hour, and at $225 per paralegal-hour. The Client has chosen instead to retain the Firm on a contingency fee basis.
`
` The contingency fee shall be based on the amount of the monetary recovery, whether in the form of a judgment,
`award, or settlement. The Firm shall be paid 50% of the gross amount recovered, plus an amount equal to the reasonable
`costs that the Firm incurred in prosecuting the action. The client shall receive the remainder of the recovery.
`
` The Firm agrees to advance all costs of prosecuting the action, including but not necessarily limited to filing fees,
`investigation expenses, expert witness expenses, court reporters, transcription services, phone calls, legal research, printing
`and photocopying, mailings or overnight deliveries, messenger services, and travel expenses.
`
`In the event the action fails to produce a recovery, the Client will not be obligated to reimburse the Firm for any expenses
`or to pay the Firm any fee.
`
`In the event the Client receives a recovery in the form of a structured settlement, or installments, the Firm shall be paid
`50% of each installment. The Firm shall also receive an amount equal to the reasonable costs that the Firm incurred in
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`prosecuting the action, starting with the first installment, until all such costs have been reimbursed to the Firm, after which
`the Client shall receive the remainder of each installment.
`
` In computing the fee, any costs that are awarded to the Client, including interest upon a judgment, shall be deemed
`part of the amount recovered.
`
` The Firm and the Client recognize that some of the Client’s claims may entitle the Client to recover an amount that is
`allocated for attorney's fees. Where the Client recovers only an amount that is allocated for attorney's fees, the Client
`agrees to pay the Firm 100% of that amount. Where the Client recovers both an amount that is allocated for attorney's fees
`and an amount that is allocated for damages, the Client agrees that the Firm may choose that either: (1) the Firm will be
`paid 100% of the amount allocated for attorney's fees, plus an amount equal to the reasonable costs that the Firm incurred
`in prosecuting the action; and the Client will keep 100% of the amount allocated for damages, minus an amount equal to
`the reasonable costs that the Firm incurred in prosecuting the action; or (2) the amount that is allocated for attorney's fees
`will be added to the amount that is allocated for damages, and the Firm will be paid 50% of the total gross amount, plus an
`amount equal to the reasonable costs that the Firm incurred in prosecuting the action, with the remainder being given to the
`Client. Where a claim results only in a damages amount, or in an amount that has not been allocated for any purpose, the
`Firm shall be paid 50% of the total gross amount, plus an amount equal to the reasonable costs that the Firm incurred in
`prosecuting the action.
`
` Upon conclusion of the matter, the Firm will provide the Client with a written closing statement setting forth the
`outcome of the matter and, if there is a recovery, showing the total amount of recovery, the amount allocated to the Firm
`for a fee, the amount allocated to the Firm for reimbursement of costs, the amount allocated to the Client, and the method
`by which all such amounts were calculated.
`
` In the event that a dispute arises between us relating to our fees, you may have the right to arbitration of the dispute
`pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to you upon
`request. If any of the Clients in this matter are under the age of 18, this fee agreement will be subject to the power of the
`Court, and it will be the Court's responsibility to determine the value of the services provided by the Firm and to award
`suitable compensation based on those services, but in no circumstance will the Court award a fee that exceeds the amount
`requested by the Firm in this agreement.
`
` The Client hereby grants the Firm an express and implied legal and equitable lien for any monies owed to the Firm
`under the terms of this agreement and, on any and all claims or causes of action that are the subject of the Firm’s
`representation under this agreement. The Firm’s lien will be for any sums owed to the Firm for any unpaid balances related
`to the Firm’s fees and costs in connection with this matter. The lien will attach to the Client’s right to receive monies in
`connection with this matter including but not limited to any monies the Client may be entitled to from arbitration awards,
`judgments, settlements, or otherwise. A lien acts as security for payment due to the Firm from the Client. Said lien allows
`for the Firm’s name to be included on all disbursements made to the Client in satisfaction of any award, judgment, or
`settlement. Said lien also allows the Firm to hold any such disbursements in trust, and delay payment to the Client, until
`such time as any disputes regarding the amount to be paid to the Firm are resolved.
`
` If it should be necessary for the Firm to institute a collection process or legal proceeding against the Client for the
`collection of all or any part of monies that are owed to the Firm by the Client, whether such monies relate to the Firm’s
`fees, or costs incurred or advanced by the Firm, the Client agrees to pay all costs of collection and suit, including attorneys’
`fees, plus reasonable interest on all outstanding balances.
`
` The Client acknowledges that the Client is solely responsible for any liens or taxes due on any recovery received by
`the Client. The Client acknowledges that the Firm will not be providing the Client with any tax advice concerning such
`recovery, and that it is the Client’s responsibility to seek such tax advice from an accountant or tax lawyer, if needed. The
`Client further acknowledges that the Client is solely responsible for any balances due to any healthcare provider or
`government agency which provided services or assistance to the Client as a result of the incident(s) or occurrence(s) which
`gave rise to the claims that are covered by this agreement.
`
` The Client acknowledges that the Firm has explained that all communications that flow between the Client and the
`Firm, relating to this representation, are confidential and are protected by the attorney-client privilege from disclosure to
`anyone else. However, if the Client were to reveal privileged or confidential information to a third party, protections of
`privilege and confidentiality may be lost for the Client.
`
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
` The Client acknowledges that the Firm has explained that the Client has a duty to preserve all physical and electronic
`documents, things, and information relating in any way to Client’s claims, including but not limited to any physical or
`electronic compilation of data, stored in any medium, from which information can be obtained either directly or, if
`necessary, after translation into a reasonably usable form, and shall include originals and all drafts, versions, and non-
`identical copies, as well as any associated meta-data, and shall further include information contained in emails, text
`messages, or on websites or in social media posts or communications, as well as any physical devices containing such
`information. Electronic information must be preserved in its native format. The Client further acknowledges that the Firm
`has explained that the failure to preserve such documents, things, and information may seriously damage Client’s claims
`and may subject Client to civil or criminal penalties for spoliation of evidence or obstruction of justice. Client
`acknowledges that the Firm has explained that the fact that the Client has traded in a phone or other device in order to
`receive an upgraded phone or device does not constitute an acceptable legal excuse for failing to preserve evidence.
`
` The Client acknowledges that the Firm has explained that by bringing an action in pursuit of Client’s claims, Client is
`waiving much of Client’s privacy rights, and will likely be required to respond to intrusive questions about Client’s private
`life posed by defense attorneys. Client confirms that there is no information pertaining to Client’s background or private
`life that Client would be unwilling to disclose in open court which may preclude Client from proceeding with Client’s
`claims.
`
` The Client may terminate the Firm’s representation at any time with or without cause by notifying the Firm in writing
`of the Client’s desire to do so. Upon receipt of the notice to terminate representation, the Firm will cease all legal work on
`the Client’s behalf immediately. If the Client terminates the Firm’s representation before the conclusion of the matter, the
`Firm will be entitled to receive, from the proceeds of any recovery, a reasonable fee for the work the Firm has performed.
`Such fee shall be determined by the intent, terms, and conditions of this agreement and by considering the following
`factors: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to
`perform the legal service properly; (2) the likelihood, if apparent or made known to the Client, that the acceptance of the
`particular employment will preclude other employment by the Firm or its attorneys; (3) the fee customarily charged in the
`locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the
`client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience,
`reputation, and ability of the attorney or attorneys performing the services; and (8) the fact that the fee is contingent and
`not fixed.
`
` To the extent permitted by the Rules of Professional Conduct and the Court, the Firm may terminate its representation
`of the Client at any time if Client breaches any material term of this agreement, fails to cooperate or follow the Firm’s
`advice on a material matter, if a conflict of interest develops or is discovered, or if there exists at any time any fact or
`circumstance that would in the Firm’s opinion render the Firm’s continuing representation unlawful, unethical or otherwise
`inappropriate. If the Firm elects to terminate its representation, the Client will timely take all reasonable steps necessary
`and will cooperate as required to relieve the Firm of any further obligation to perform legal services, including the
`execution of any documents as necessary to complete the Firm’s withdrawal of representation.
`
` At the conclusion of this matter, the Firm will retain the Client’s legal file for a period of seven (7) years. The Firm
`reserves the right to destroy the file at the expiration of the seven (7) year period, unless the Client notifies the Firm in
`writing that Client wishes to take possession of the file.
`
` It is specifically acknowledged by the Client that the Firm has not made any warranties or representations to the Client
`guaranteeing a favorable or successful resolution of the Client’s claims. All of the Firm’s representations to the Client
`regarding the strength or weaknesses of the Client’s claims are limited to estimates based upon the expertise and judgment
`of the Firm’s attorneys and are merely the opinion of the Firm. Such expressions of opinions should not be considered as
`representations, promises or guarantees of results which might be obtained either by way of a negotiated settlement or
`contested trial.
`
` The Client acknowledges that Client is retaining a law firm, not an individual attorney or paralegal. Therefore, the
`Firm may at any time assign any of its attorneys or paralegals to perform work on this matter, and the Client will not be
`able to select the attorney or paralegal who performs such work.
`
` The Client must answer all telephone calls, emails and letters promptly. The Client must attend meetings at reasonable
`times, when requested. The Client must attend court appearances, mediation appearances, or depositions, when required.
`The Client must supply all necessary or requested information and respond to any communication or correspondence from
`the Firm immediately, or as otherwise directed. The Client must be candid and truthful in relaying the underlying facts of
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`Client’s claim to the Firm, and must not willfully withhold information from the Firm that, if discovered, would be
`detrimental to the Client’s claim. The Client understands that Client’s failure to comply with any of the terms and
`conditions of this agreement may be detrimental to the outcome of Client’s case and grounds for the Firm to unilaterally
`cancel this agreement without notice to the Client.
`
` For the Client’s convenience and to assist the Firm with its representation of the Client in connection with the matter
`covered by this agreement, the Client hereby gives the Firm full power, authority, and power of attorney to execute all
`pleadings, documents, claims, deposits, drafts, checks, releases, orders and contracts related to this matter. The Client also
`provides the Firm with express authority to communicate this authority to various third parties. If the Firm is unable to
`locate the Client, the Client grants the Firm authority to resolve the Client's case according to what the Firm determines to
`be in the best interest of the Client.
`
` The Client is free to seek out the advice of an independent attorney with respect to any issues pertaining to this
`agreement. In providing a signature, the Client is acknowledging that Client has read, understood and assented to this
`agreement and that Client has had the opportunity to consult either with the Firm or with independent counsel to review any
`questions or concerns Client has about this agreement.
`
` By signing this agreement, the Client is further acknowledging that Client has received from the Firm a copy of the
`Statement of Client's Rights, as set forth in Section 1210.1 of the Joint Rules of the Appellate Division amended June 1,
`2018 (22 NYCRR §1210.1), and a copy of the Statement of Client's Responsibilities, an Informational Statement Adopted
`by the New York State Bar Association.
`
`
`CONSENTED TO AND APPROVED BY CLIENT:
`
`[sig|req|signer1 ]
`Natasha Hance
`
`[date|req|signer1]
`
`
`CONSENTED TO AND APPROVED BY FIRM:
`
`[sig|req|signer2 ]
`Employment Law Group LLC
`
`[date|req|signer2]
`
`08 / 10 / 2022
`
`05 / 04 / 2023
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`
`
`Statement of Client’s ResponsibilitiesStatement of Client’s Responsibilities
`
`(Informational Statement Adopted by the New York State Bar Association)
`
`1. The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.
`
`2. The client’s relationship with the lawyer should be one of complete candor and the client should apprise the lawyer
`of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may
`be detrimental to the client’s cause or unflattering to the client.
`
`3. The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law.
`
`4. All bills tendered to the client for services rendered pursuant to the agreed upon arrangement regarding fees and
`expenses should be paid when due.
`
`5. A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor
`financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.
`
`6. Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to
`the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients
`who may be equally deserving of the lawyer’s time and attention.
`
`7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number,
`address, email, or other electronic contact information, and respond promptly to a request by the lawyer for
`information and cooperation.
`
`8. The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the
`lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of
`Professional Conduct.
`
`9. The lawyer may decline to accept a matter if the lawyer has previous personal or professional commitments that will
`prohibit the lawyer from devoting adequate time to representing the client competently and diligently.
`
`10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without
`merit, a conflict of interest would exist or a suitable working relationship with the client is not likely.
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`
`
`Statement of Client’s RightsStatement of Client’s Rights
`
`Section 1210.1 of the Joint Rules of the Appellate Division amended June 1, 2018
`(22 NYCRR §1210.1)
`
`1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and
`nonlawyer personnel in your lawyer’s office.
`
`2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the
`highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right
`to discharge your attorney and terminate the attorney‐client relationship at any time. Court approval may be required
`in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the
`point of discharge.
`
`3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by
`conflicts of interest.
`
`4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a
`reasonable time after commencement of the representation how the fees and expenses will be computed and the
`manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at
`reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find
`unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide
`you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
`
`5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your
`letters, telephone calls, emails, faxes, and other communications.
`
`6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney
`promptly comply with your reasonable requests for information, including your requests for copies of papers relevant
`to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development
`of your matter and make informed decisions regarding the representation.
`
`7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether
`to settle your matter is yours and not your lawyer’s. Court approval of a settlement is required in some matters.
`
`8. You have the right to privacy in your communications with your lawyer and to have your confidential information
`preserved by your lawyer to the extent required by law.
`
`9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of
`Professional Conduct.
`
`10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, gender
`identity, gender expression, age, national origin or disability.
`
`Doc ID: 51f764539fa6879822a54f65cb9189efa31094ee
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`Hello
`NY_Engagement_Agr...810-1-1irbm8t.pdf
`51f764539fa6879822a54f65cb9189efa31094ee
`MM / DD / YYYY
`Signed
`
`This document was requested on employmentlawyergroup.cliogrow.com and signed on employmentlawyergroup.cliogrow.com
`
`08 / 10 / 2022
`19:59:36 UTC
`
`Sent for signature to Natasha Hance
`(natashanani78@gmail.com) and Employment Law Group LLC
`(employmentlawyergroup@gmail.com) from
`employmentlawyergroup@gmail.com
`IP: 100.8.100.38
`
`08 / 10 / 2022
`20:25:33 UTC
`
`Viewed by Natasha Hance (natashanani78@gmail.com)
`IP: 174.197.197.252
`
`08 / 10 / 2022
`20:29:45 UTC
`
`Signed by Natasha Hance (natashanani78@gmail.com)
`IP: 74.109.187.55
`
`05 / 04 / 2023
`20:57:32 UTC
`
`Viewed by Employment Law Group LLC
`(employmentlawyergroup@gmail.com)
`IP: 100.8.100.38
`
`

`

`FILED: SCHENECTADY COUNTY CLERK 07/31/2023 09:54 AM
`NYSCEF DOC. NO. 14
`RECEIVED NYSCEF: 07/31/2023
`
`INDEX NO. 2023-83
`
`Hello
`NY_Engagement_Agr...810-1-1irbm8t.pdf
`51f764539fa6879822a54f65cb9189efa31094ee
`MM / DD / YYYY
`Signed
`
`This document was requested on employmentlawyergroup.cliogrow.com and signed on employmentlawyergroup.cliogrow.com
`
`05 / 04 / 2023
`20:58:07 UTC
`
`05 / 04 / 2023
`20:58:07 UTC
`
`Signed by Employment Law Group LLC
`(employmentlawyergroup@gmail.com)
`IP: 100.8.100.38
`
`The document has been completed.
`
`