Widmann

Background Widmann represented Sebastian in a lawsuit against her former employer, Affymetrix, and two of its employees (collectively Affymetrix), in which she alleged harassment and discrimination, retaliation, intentional infliction of emotional distress, constructive wrongful discharge, and related claims. On July 19, 2011, in the first of two written retainer agreements, the parties agreed that Widmann would provide services to Sebastian in two phases. “Phase One” was to consist of Widmann’s efforts to “resolve the matter without the need for litigation.” “Phase Two” would involve “filing an administrative claim with the Fair Employment and Housing Commission, receiving a Right to Sue letter and, thereafter, filing suit against the company and [the individual defendants].” In Phase One Widmann would charge $365 per hour. If Phase Two became necessary, then the parties were to “renegotiate the fee agreement to reflect a full or partial contingency.” By August 24, 2011, Affymetrix having made no settlement offer, Sebastian met with Widmann to discuss Phase Two. They agreed that Widmann would begin work on a complaint with the Commission, and he would receive 35 percent of the…