HomeMy WebLinkAboutBoutin Jones Inc. 2013-11-18 C D I,C No� 131�i - I (o lo
Boutinjones��� �lty ofUk;a,,
Re: Engagement for Le�al Services
November 18, 2013
Page 5 of 8
BOUTIN JONES INC.
STANDARD TERMS REGARDING LEGAL SERVICES
These Standard Terms, together with the fee engagement letter, constitute the Agreement
for Legal Services ("AgreemenY') between City of Ukiah and Boutin Jones Inc.
1. Effective Date. This Agreement is effective as of the date we first perform services on
your behal£ If we perform legal services at your request while we are waiting for you to sign
and retum this Agreement, you will still be required to pay for those services even if you decide
not to sign and return this Agreement.
2. Conflicts of Interest. We have conducted a search of our files to determine if any
conflicts exist that would make it impossible for us to represent you in this matter. A conflict
occurs when we are asked to represent a party against a f'ormer or present client. We are
prohibited from providing services where a conflict exists miless all affected parties give us
permission in writing. If a conflict arises in the future, we may not be able to continue to
represent you with respect to this matter unless we obtain the appropriate waivers. At this time
we do not see any conflicts of this nature. If we discover any such conflicts during the course of
our representation, we will bring them to your attention immediately.
3. Attornev Time. Our lawyers and paralegals bill in minimum units of 0.10 hours (six
minutes) for any task. We will charge for all telephone calls relating to your case, including, but
not limited to, calls with you and opposing counsel. Our legal personnel may confer among
ourselves about your matter, as required. When we do confer, each person will chazge for the
time expended. If mare than one of our legal personne] attends a meeting or other proceeding,
each will charge for his or her time. We will charge for waiting time and for travel time, both
local and out of town. We will also charge far legal research and analysis, review of documents,
drafting of documents, and negotiation. All of the charges will be at the rates in effect when the
services are rendered.
4. Out of Pocket Costs and Administrative Char�e. In addition to our legal fees, we
charge for costs we incur on your behal£ We separately itemize certain costs such as filing fees,
process service fees, court reporter fees, messenger and other delivery fees, document
recordation fees, travel, and charges for computerized legal research. We may send the invoices
for some of these costs directly to you for payment, and we may ask that you pay such costs in
advance. Itemization is not practical for other costs such as photocopying, long-distance
telephone, postage and facsimile charges. To cover these costs, we add to each bill an
administrative charge of 4% of the legal fees charged each month.
Boutinjones,�� �,ty ofUk,�
Re: Engaqement for Le�al Services
November 18, 2013
Page 6 of 8
5. Extraordinan' Compensation. In matters requiring great urgency, unusual complexity
or special sophistication or training, the American Bar Association's Rules of Professional
Conduct allow for these factors to be considered in formulating fees, and we would propose to
do so in such instances. For example, in the course of our representation,we may be asked to
render a]egal opinion to a third party on your behal£ Where such an opinion is rendered by our
firm, we may include a reasonable additional charge over and above the time spent on the matter
by firm personnel. The amount of such additional charge will be determined by consideration of
the following factors: (1) the complesity, novelty and difficulty of the questions involved and
the skill, experience and professional judgment required for the opinion; (2) the amount involved
in the transaction and the firm's responsibility to the recipient of the opinion rendered; (3) the
time limitations imposed by the circumstances; and (4) the scope of the diligence and
investigation appropriate to the transaction.
6. Retainers. It is our standard practice to request a retainer from you prior to rendering
any legal services on your behal£ We will ask that this retainer be replenished from time to
time. All retainer funds will be held in our client trust account. We will apply the retainer
amount to our fees and costs. Any retainer remaining in the client trust account at the conclusion
of our representation, after payment of all fees and costs, will be returned to you absent any
agreement otherwise. Failure to pay our fees and costs on a timely basis, or failure to replenish
the retainer as requested from time to time, will be cause for Boutin Jones Inc. to withdraw from
your representation.
7. Billine Statements. We will bill you on a monthly basis. Our invoices will state the
date of each service, the name and hourly rate of the professional performing the service, a
description of the service performed, and the amount of time devoted to euch item. Our out-of-
pocket costs will be itemized. We invite you to discuss with us at any time any questions you
may have regarding our invoices or the status of your matter. You agree to inform us in writing
within 30 days if you dispute any part of an invoice, and you agree that any invoice not disputed
within that time is accurate.
8. Late Payment. Payment of our invoices is due within ten (10) days following your
receipt of our invoice. If payment is not received within thirty (30) days from the date of the
invoice, you agree to pay simple interest of 0.75% (3/4%)per month on the outstanding fees and
costs. This interest covers additional costs that we incur as a result of late payment.
9. Notice of Chan�e in Rates and Charges. The hourly rates quoted to you in the
fee engagement letter are those currently used by our firm. Like all business people, we are not
immune from inereasing costs. From time to time, therefore, we must review and revise our
Boutinjones,�� �;ty ofUk;ah
„T�p�E�� �, �•W Re: Enea�?ement for Lega1 Services
November 18, 2013
Page 7 of 8
rates and charges in order to keep pace with such demands. The revised rates and charges then
will be applied to the services rendered thereafter on your behal£ While we will make every
effort to notify you in advance of any increase, any increase will be reflected in our billings to
you, and your receipt of such billings will constitute notice of any increase in our rates or
charges. However, we agree that the reduced hourly rates we are offering in this case will not
increase before the end of 2014.
10. Additional Services. We will provide other ongoing legal services as may be agreed
upon between us from time to time. This Agreement shall apply to any such additional services.
11. Client Resnonsibilities. You agree to be trutl�ful with us, to cooperate, to keep us
informed of developments that relate to our services, to comply with this Agreement, to pay our
bills on time, and to keep us advised of your current address, telephone number, and place of
employment. You also agree to respond promptly, fully, and accurately to requests for
information or documents and to other requests for assistance made by Boutin Jones Inc. We
may communicate with you by email at any email address you provide to us from time to time.
12. Litieation. We cannot precisely determine the full nature and extent of the legal services
that may be necessary. Much of what will be done depends upon the responses of other parties
or the actions of the courts. Consequently, compensation for our services is not a fixed fee. Our
fees are based upon the time devoted to your representation, including time spent on telephone
calls, negotiations, factual investigations and analysis, legal research and analysis, conferring
with other attorneys or staff in the office, document preparation and revision, travel away from
the office, and all other items related to your representation.
13. Experts. To prepare or present your case or legal position, we may need expeR
witnesses, consultants, or investigators. We will select and engage them and you are responsible
for their bills. When feasible we will consult with you before completing the engagement.
14. Settlement. If we are hired to pursue or defend a claim on your behalf, Boutin Jones Inc.
will not settle the claim without your approval, and you have the absolute right to accept or reject
any offer of settlement. We will notify you promptly of the terms of any settlement proposal that
we receive on your behalf.
15. Liens. You grant Boutin Jones Inc. a lien on any and all claiins or causes of action that
are the subject of our representation and on any retainer held in our client trust account on your
behal£ Our lien is for any sums owing to us for any unpaid costs or attorneys' fees. The lien
attaches to any recovery you obtain.
Boutinjones���
pr,oa Ey pr pw CityofUkiah
Re: Eneagement for Legal Services
November 18, 2013
Page 8 of 8
16. Disclaimer of GuarantY. Boutin Jones Inc. can make no promises or guarantees about
the outcome of this representation. Our comments about the outcome of your matter are
expressions of opinion only.
17. Termination of Representation. You have the right to terminate our representation of
you at any time. We have the same right, subject to our ethical obligation to provide you with
reasonable notice to arrange for alternative representation. If requested by you will we retum
your file to you, or to a substitute attorney of your choice at your written direction. You agree to
pay our actual costs of transfer, including but not limited to copying costs.
18. Neeotiated A�reement. This is a negotiated agreement that can be accepted or rejected
by the parties. The terms of this Agreement are not set by law. You may consult independent
counsel before entering into this Agreement.
19. Attornevs' Fees. In the event that suit or arbitration is brought to enforce or interpret
any part of this engagement agreement, the prevailing party will be entitled to recover, in
addition to the amount of any judgment or award, a sum as and for reasonable attorneys' fees and
costs incurred. If collection is undertaken by the firm's attorneys or staff, and if we are
determined to be the prevailing party, we shall be entitled to reimbursement for our time based
on our hourly billing rates then in effect.
20. Entire Aereemenk This Agreement constitutes the entire agreement between you and
Boutin Jones Ine. No other agreement or statement made on or before the effective date of this
Agreement is binding. If any provision of this Agreement is held to be unenforceable, the
remaining provisions shall continue in full force and effect. This Agreement may be modified
only in writing signed by both parties. This Agreement is deemed to be entered into at our
principal office in Sacramento, California. The laws of the State of California shall apply to this
Agreement.
572996.I
Boutinjones��� �,ty ofUk;ah
�TT�R�E�= •T �•W Re: Enaagement for Legal Services
November 18, 2013
Page 4 of 8
ACCEPTANCE
The undersigned accepts the agreement for legal services contained in this letter and the attached
Standard Terms.
Dated: ///I �J/�/ CITY OF UKIAH, a General Law City
By: �.2� L:��
Name• �—�"i ^ /� S
Its: . � ' �6J�4,/A—t��