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HomeMy WebLinkAbout*AGMT - Stevenson & Boyle, Law Office of I • • Law Offices of Stevenson & Boyle ATTORNEY- CLIENT FEE CONTRACT This document (the "Agreement ") is the written fee contract that California law requires lawyers to have with their clients pursuant to Business and Professions Code, §6148. This Agreement is intended to fulfil the requirements of that code section. We, LAW OFFICES OF STEVENSON & BOYLE (herein after the "Attorneys), will provide legal services to you, the CITY OF SEAL BEACH, a municipal corporation, its departments, personnel and Police Department (herein after the "Client "), on the terms set forth below. The Client hereby retains and employs the Attorneys to represent the Client in civil lawsuits, Arbitration and Mediation, filed against the Client. The Attorneys may delegate to other attorneys some of the attorney services to be provided to the Client. Any such delegation will not affect attorney's fees to be paid by Client under this Agreement. 1. CONDITIONS. This Agreement will not take effect, and the Attorneys will have no obligation to provide legal services, until the Client returns a signed copy of this Agreement. 2. SCOPE OF SERVICES. The Client is hiring the Attorneys, to represent the Client in civil lawsuits, arbitration and mediation filed against the Client, and cases which are OCCRMA and/or insurance related cases and not handled by the City Attorney's Office. Attorneys will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with Attorney; keep Attorney reasonably informed of developments and of Client's address, telephone number, and whereabouts and timely make any payments required by this Agreement. Unless a different Agreement in writing is entered into by Client and Attorneys, this Agreement will govern all future services Attorneys may perform for Client. 3. INSURANCE DISCLOSURE. Attorneys maintain errors and omissions insurance coverage applicable to the services to be rendered. 4. CLIENT'S DUTIES. Client agrees to be truthful with Attorneys, to cooperate, to keep Attorneys informed of developments, to abide by this Agreement, to pay Attorneys' bills for fees and/or costs on time. Client agrees to have authorized Client personnel to appear, if so requested, for all depositions and court appearances, and to generally cooperate fully with Attorneys on all matters relating to the matters in which Attorneys represent Client. Page 1 of 6 • • • 5. FEE AND EXPENSES. Attorneys' hourly charge and charges for costs and fees are attached hereto as Exhibit A. Client authorizes Attorneys to pay fees and other charges Attorneys may incur on Client's behalf in any litigation. However, costs for experts, depositions and items in excess of $350.00 will be paid directly by the Client. All costs, disbursements and litigation expenses are Client's own responsibility. Attorneys may advance such costs and expenses from time to time. These items include, but are not limited to, court fees, service of process charges, photocopy services, notary fees, computer assisted legal research, telephone charges, postage, messenger and delivery fees, photocopying ($.25 per page, if done in- office), (subject to OCCRMA issue) facsimile charges, deposition costs, parking, mileage (at $.40 per mile), investigation expenses, consultant fees, expert witness fees, and other similar items. Client authorizes Attorney to incur all reasonable costs and to hire such investigators, consultants or expert witnesses as attorneys, in their judgment, deemed to be reasonably necessary following approval by the Client. 6. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Attorneys' prevailing rates for time spent on Client's behalf by our attorneys and legal personnel. Attorneys' current hourly rates for attorneys and legal personnel and other cost charges are set forth on the attached Rate Schedule. The Agreement allows for periodic increases, at Attorneys' discretion. Attorneys' will charge Client for the time spent on telephone calls relating to Client's matter, including calls with Client, opposing counsel or court personnel. The legal personnel assigned to Client's matter will confer among themselves about the matter, as required. When they do confer, only one person will charge for the time expended. Likewise, if more than one of Attorneys' legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent only if previously approved by the Client. Attorneys will charge for waiting time in court and elsewhere and for travel time, both local and out of town. To aid in the preparation and presentation of Client's cases, it may be necessary to hire expert consultants and witnesses. Client agrees to pay for the fees and charges presented to Attorneys by said experts and witnesses. Attorneys will charge in increments of one -tenth of an hour, rounded off for each particular activity to the next highest one -tenth of an hour. The minimum time charged for any particular activity will be one -tenth of an hour. Attorneys will charge for all activities undertaken in providing legal services to Client under this Agreement, including, but not limited to, the following: conferences, court sessions, and depositions (preparation and participation); correspondence and legal documents (review and preparation); legal research; and telephone conversations, travel time, waiting time, and multiple personnel working on the matter at the same time. Client acknowledges that Attorney has made no promises about the total amount of Attorneys' fees to be incurred by Client under this Agreement. If, while this Agreement is in effect, Attorneys increases the hourly rates being charged to Client generally for attorneys' fees, that increase may be applied to fees incurred under this Agreement, but only with respect to services provided 30 -days or more after written notice of the increased is mailed to Client. If Client chooses not to consent to the increased rate, Client may terminate Page 2 of 6 . . Attorneys' services under this Agreement by written notice effective when received by Attorney, provided Client executes and returns a Substitution of Attorney form immediately on its receipt from Attorneys, if Attorneys are Client's attorney of record in any proceeding. Attorneys will send Client monthly statements indicating attorneys' fees and costs incurred and their basis, any amount applied from the deposit, and any current balance owed. If no attorneys' fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month, unless a statement is requested by Client. Any balance will be paid in full within 30 -days after the statement is mailed. Thereafter, interest will be payable on the unpaid balance at the rate of 10 percent per annum. The Court may order, or the parties to the dispute may agree, that another party will pay some or all of Client's attorneys' fees, costs, or both. Any such order or Agreement will not affect Client's obligation to pay attorneys fees and costs under this Agreement, nor will Attorneys be obligated under this Agreement to enforce such an order or Agreement. Any such amounts actually received by the Attorneys, however, will be credited against attorneys' fees and costs incurred by Client. Attorneys will not settle Client's case without the approval of Client, who will have the absolute right to accept or reject any settlement. Attorneys will notify the Client promptly of the terms of any settlement offer received by Attorneys. Client will notify Attorneys promptly of any payments received directly and will pay promptly to Attorneys any amounts due from such payments, under the terms of this Agreement, for attorneys' fees and costs advanced. 7. NEGOTIABILITY OF FEES. The fee rates set forth in the attached Rate Schedule, are not set by law, but are negotiable between Attorney and Client. • 8. DISCHARGE. Client may discharge Attorneys at any time by written notice effective when received by Attorneys. Unless specifically agreed by Attorneys and Client, Attorneys will provide no further services and advance no further costs on Client's behalf after receipt of the notice. If Attorneys are Client's attorney of record in any proceeding, Client will execute and return a Substitution of Attorney form immediately on its receipt from Attorneys. Notwithstanding the discharge, Client will remain obligated to pay Attorneys at the agreed rate for all services provided and to reimburse Attorneys for all costs advanced. 9. WITHDRAWAL. Attorneys may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. The circumstances under which the Rules permit such withdrawal include, but are not limited to, the following: (a) The Client's consents, (b) the Client's conduct renders it unreasonably difficult for the Attorneys to carry out the employment effectively, and (c) the Client fails to pay attorneys' fees and costs as required by his or her Agreement with Attorneys. Notwithstanding Attorneys' withdrawal, Client will be obligated to pay Attorneys fees for all services provided and to reimburse Attorneys for all costs advanced, before the withdrawal. Page 3 of 6 • 10. CONCLUSION OF SERVICES. When attorney services conclude, including conclusion by discharge or withdrawal, all unpaid fees, costs and charges will immediately become due and payable. After attorney services conclude, attorney will, upon Client's request, make Client's file available for pick up by the Client, along with any client property in attorney's possession, subject to any protective order or non - disclosure Agreement. "Client's papers and property" include e.g., correspondence, deposition transcnpts, exhibits, experts' reports, legal documents, physical evidence, and other items reasonably necessary to Client's representation, whether Client has paid for them or not. 11. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of Client's matters. Attorney makes no such promises or guarantees. There can be no assurance that Client will prevail in any matter. Attorney's comments about the outcome of Client's matter are expressions of opinion only. 12. NO OTHER REPRESENTATIONS. Client acknowledges receipt of a duplicate copy of this Agreement. No other representations or claims regarding this arrangement have been made, other than those contained in this Agreement. 13. CONFIDENTIALITY. Any communications and information may be fully disclosed by Attorneys to Client. Client is informed that California state law requires that an attorney not disclose confidential communications or secrets of a Client. 14. CONFLICT OF INTEREST. Attorneys are not aware of any relationship with any other party interested in the subject matter of Attorneys' services for Client under this Agreement or of any separate matter in which Client has an interest adverse to that of any Clients of Attorneys. 15. UNENFORCEABILITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire Agreement will be severable and remain in effect. 16. MODIFICATION. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them. 17. FEE DISPUTES. If a dispute between Attorneys and Client regarding attorneys' fees and costs under this Agreement, the dispute will be submitted for arbitration by, and in accordance with the rules of the Orange County Bar Association, and Attorneys and Client will be bound by the result. Client understands and acknowledges that, by agreeing to binding arbitration, they waive the right to submit the dispute for determination by a court and thereby also waive the nght to a jury or court trial. 18. LEGAL DISPUTES. If a dispute arises between Attorneys and Client regarding a claim for attorney malpractice under this Agreement, that is, regarding whether any legal services rendered under this Agreement were improperly, negligently, or incompetently rendered, the dispute will be submitted for arbitration by, and in accordance with the rules of, the State Bar of California, and Attorneys and Client will be bound by the result. Client understands and acknowledges that, by agreeing to binding arbitration, they waive the right to submit the dispute for determination by a court and thereby also waive the right to a jury or court trial. Page 4 of 6 • • 19. EFFECTIVE DATE. This Agreement will take effect when Clients perform the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Attorneys first performed services for, or on behalf of, Clients. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorneys the reasonable value of any services Attorneys may have performed for Client. I/We have read and understand the foregoing Agreement and agree to them, as of the date first provided services. If more than one party signs below, we agree to be liable jointly and severally for all obligations under this Agreement. By signing this Agreement we acknowledge receipt of a fully executed duplicate of the Agreement. DATED: Authorized Representative for the City of Seal Beach, a municipal corporation LAW OFFICES OF STEVENSON & BOYLE DATED: IVAN K. STEVENSON Page 5 of 6