Legal Services Agreement
(Contingent Fee Agrrangement)
This Class Representative Legal Services Agreement (“Agreement”) sets forth the terms under which Zimmerman Reed LLP (“Attorneys”) will represent the undersigned person (“Client”) on a contingent fee basis in connection with potential claims against GKN Aerospace, other responsible parties, and related entities (“Defendant”).
A. Scope of Representation
Attorneys will represent Client in connection with claims arising from Defendant’s chemical leak in May 2026, including resulting evacuations. Attorneys may determine, in their discretion, that Client’s claims are best pursued as part of a class action or representative proceeding.
Client agrees to cooperate fully with Attorneys, including by providing truthful and timely information, producing documents, appearing for testimony when required, and remaining reasonably available throughout the litigation. Failure to do so may jeopardize Client’s claims or result in withdrawal of representation.
Fees agreed upon herein apply through settlement in advance of trial or before an appeal after the original trial. If the need should arise for an appeal either to be prosecuted or defended, then Client and Attorneys may enter into a separate agreement for such appellate work.
B. Attorneys’ Fees and Litigation Expenses
1. Contingent fees and costs. Attorneys will advance all litigation and investigation costs. Attorneys shall be reimbursed out of any recovery as set forth below for all costs they advance. After fees are deducted, costs are deducted from Client’s gross recovery. If there is no recovery, Client will owe no fees or costs except as provided below.
The term “recovery” in this Agreement shall include the fair market value of any property or services agreed to be transferred or rendered for the benefit of Client or the class obtained by award, judgment, settlement, mediation, or otherwise.
2. Class action recovery. If Client serves as a court-appointed class representative and the matter is through a class action or aggregate settlement (whether by settlement or final judgment), Attorneys may petition the court to award or approve a payment of attorneys’ fees payable by Defendant using any method permitted by law. This may include a lodestar/multiplier calculation (i.e., reasonable hours expended on the class action multiplied by rates and a multiplier determined by the Court), on a percentage basis (33 1/3 %), or any other lawful method. Such petition may include payment for common benefit legal work performed, and costs advanced, for the benefit of the entire class, plus an appropriate risk multiplier, to be paid from a common pool of settlement benefits secured for the class. Any court‑approved fees and costs shall belong to Attorneys and associated counsel and may be paid directly by Defendant.
3. Individual recovery. If Client receives an individual recovery, whether by settlement, arbitration award, or court judgment, Attorneys shall be entitled to the greater of: (1) 40% of the recovery; (2) any attorneys’ fees recovered from Defendant as provided below; or (3) court‑awarded attorneys’ fees. Advanced costs shall also be reimbursed. Fees are deemed earned upon the issuance of a final order or execution of a settlement agreement.
Any attorneys’ fees obtained from and/or negotiated to be paid by Defendant or other responsible party or third party in connection with an individual recovery for Client will be based on: (1) attorney time, the quality of representation, the complexity and novelty of the issues presented, and the risk of nonpayment in pursuing the claims; (2) the aggregate value of benefits conferred and results obtained, including injunctive relief or the equivalent of injunctive relief based on Attorneys serving as a catalyst, whether in whole or part, for changes to Defendant’s practices and conduct; and/or (3) the operation of applicable fee shifting statutes and/or other applicable laws.
4. Ownership of attorneys’ fees. All attorneys’ fees recovered from Defendant, whether by settlement, arbitration, judgment, or pursuant to any law, belong solely to Attorneys.
5. Receipt of proceeds. All proceeds of Client’s case will be deposited into Attorneys’ trust account for disbursement in accordance with the provisions of this Agreement.
6. Attorneys’ lien. Client grants Attorneys a lien on any recovery, whether obtained by judgment, settlement, or otherwise, to secure payment of fees and costs owed under this Agreement. If Client makes an agreement with Defendant and/or any other party that may limit Attorneys’ ability to collect fees and costs under this Agreement or fee-shifting statute, Attorneys will utilize the lien to recover any unpaid fees and costs.
7. Negotiability of legal fees. The attorneys’ fees set forth above are not set by law and are negotiable between Attorney and Client before signing this Agreement.
C. Class Representative Service Award
If Client is appointed as a class representative and there is a class recovery, Attorneys may petition the court for a class representative service award to compensate Client for time, effort, and risk undertaken on behalf of the class. No such award is promised or guaranteed, and any award is solely within the court’s discretion. This provision does not apply if Client is only a class member and not a court-appointed class representative.
D. Termination
Client may terminate this Agreement at any time by written notice. Attorneys may withdraw in accordance with applicable rules of professional responsibility, including if a Client makes the representation unreasonably difficult, requests unprofessional conduct, or fails to fulfill obligations to Attorneys (including not communicating with Attorneys in an honest and prompt manner), or if Attorneys determine that Client’s claims lack factual or legal support. Upon termination, Attorneys may seek reimbursement of advanced costs and, if litigation continues, the reasonable value of services provided. Attorneys’ hourly billing rates are available upon request.
E. Miscellaneous Terms
- Related actions and association of counsel. Attorneys may join Client’s claims with similar actions or associate with other counsel as necessary. Client consents to such joinder or association, and no additional fees will be charged beyond those set forth in this Agreement.
If Attorneys associate with other counsel, unless agreed otherwise and approved by Client, any attorneys’ fees will be divided evenly between the firms or in proportion to work performed, with advanced costs reimbursed to the firms in proportion to the costs carried by each firm.
- Aggregate Settlement. If Attorneys receive a settlement offer that contemplates an aggregate or group settlement, Client understands that Attorneys may represent multiple clients with similar claims and that the opposing party may offer to resolve the claims by making individual offers or offering to resolve the claims as a group. Client understands that in either scenario conflicts may arise; however, Attorneys will not favor one client’s interests over another, and each client has the right to accept or not accept their individual settlement offer.
- No guarantee of outcome. Attorneys do not, and cannot, make any promises or guarantees regarding the outcome of Client’s claims.
- Return of client file. Client may access Client’s case file at any reasonable time. Unless Client requests return or destruction of the file, Attorneys may retain the file for two years after conclusion of the matter and may thereafter destroy. If Client would like Attorneys to maintain the file for more than two years after the conclusion of the matter, a separate written request should be made to Attorneys.
- No tax advice. Attorneys have not been retained to provide Client with any tax advice concerning any of the services discussed herein. Any documents prepared by Attorneys may have specific tax ramifications. To ensure that Client understands and is certain of all the potential tax consequences, Client should consult with tax advisors regarding these matters.
- Communication. Client is encouraged to communicate at any reasonable time concerning your matter directly to any attorney and paraprofessional familiar with your matter. Client represents that the email or mailing address through which Attorneys have previously corresponded with Client is accurate. Correspondence mailed to Client at this email or mailing address shall be deemed notice regarding the contents thereof. If Client changes their contact information, Client agrees to provide written notice to Attorneys within ten (10) calendar days.
- Media. Client agrees that Attorneys may contact the media in order to publicize or convey information regarding this action and its possible ramifications.
- Express consent to send text messages. Client provides Attorneys and Attorneys’ agents express permission and authorization to send text messages to the telephone number(s) provided to Attorneys or Attorneys’ agents. Client represents that you are the subscriber of those numbers and have authority to give such consent. Client authorizes Attorneys to deliver or cause to be delivered telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice. Consent is not a condition of providing the legal services herein. If Client does not wish to receive text messages from Attorneys, please let us know in writing at any time in the future.
- Governing law. This Agreement will be interpreted under the laws and rules which govern attorney-client relationships set forth in the applicable rules of professional responsibility, opinions, and case law interpreting those rules.
- Consumer disclosure for electronic delivery. In compliance with the U.S. Electronic Signatures in Global and National Commerce Act, known as the E-Sign Act, Attorneys provide the following information regarding your decision to receive information in electronic form:
In conjunction with this document signature request and future document signature requests, Attorneys will send you document notifications, records, notices, disclosures, acknowledgements, and other communications in electronic form and not printed on paper unless you expressly request otherwise.
You have the right to decline consent to receiving documents and records in electronic format. You may decline to receive this document by abandoning this website session and not using this system, and you may decline to receive future documents and records electronically from Attorneys by emailing them with your request. If you sign this document, you are providing affirmative consent for the use of electronic records for this particular transaction only and demonstrating that you can access information in the electronic form that will be used to provide the information that is the subject of this consent.
To change the email address where you would like to receive electronic communications, please send an email to any attorney and/or paraprofessional familiar with your matter.
- Insurance. Attorneys are informing Client in writing that Attorneys have professional liability insurance pursuant to California Rule of Professional Conduct 3-410.
- Right to Review. Client has been advised of their right to seek independent counsel of their choosing prior to executing this Agreement and agrees that sufficient time has been given to do so.
- Entire agreement. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.