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earned wages. Petitioner was represented by James S. Davis (Mr.
Davis). The class potentially involved at least 17 individuals
who had been employed as lab managers by Kits. Before the class
action lawsuit was certified, Kits settled with two of the lab
managers, petitioner and Ernesto Sanchez (Mr. Sanchez), both of
whom were represented by Mr. Davis.
At the time of the settlement, Mr. Davis also represented
former store managers employed by Kits in a similar but separate
lawsuit pending against Kits (the store manager case). The
settlement agreement did not preclude Mr. Davis from continuing
his representation of the store managers. The settlement
agreement did require petitioner and Mr. Sanchez to release all
of their claims against Kits. In a paragraph captioned “RELEASE
OF ALL CLAIMS AND LIABILITIES”, the settlement agreement provides
in part:
the Plaintiffs * * * hereby irrevocably and
unconditionally release, acquit and forever discharge
Defendants * * * from any and all charges, complaints,
claims, liabilities, obligations, promises, agreements,
controversies, damages, actions, causes of action,
suits, rights, demands, costs, losses, debts and
expenses * * * of any nature whatsoever * * *.
In a paragraph captioned “CASH PAYMENT”, the settlement agreement
provides in part:
Upon performance of all other terms of the settlement,
payment will be made to Plaintiffs by way of check,
payable to the “James S. Davis Client Trust Account” in
the amount of Forty-five Thousand Dollars ($45,000); of
this amount Plaintiff Robert Lehmuths [sic] is to
receive $15,000, Plaintiff Ernesto Sanchez is to
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