HomeMy WebLinkAboutGeary, Shea, O'Donnell, Grattan & Mitchell, P.C. 2015-08-31COU No. 1516 -097
ATTORNEY - CLIENT FEE CONTRACT
This ATTORNEY- CLIENT FEE CONTRACT ( "Contract ") is entered into by
and between CITY OF UKIAH ( "Client ") and GEARY, SHEA, O'DONNELL, GRATTAN &
MITCHELL, P.C. ( "Attorney ").
1. SCOPE & DUTIES. Client hires Attorney to provide legal services in
connection with the representation of Client in the dispute with Ukiah Valley Sanitation District,
as set forth in Ukiah Valley Sanitation District v. City of Ukiah, Sonoma County Superior Court
Case Number SCV 256737, and such other and further matters as Client requests Attorney to do.
Attorney shall provide those legal services reasonably required to represent Client, and shall take
reasonable steps to keep Client informed of progress and to respond to Client's inquiries. Client
shall be truthful with Attorney, cooperate with Attorney, keep Attorney informed of
developments, abide by this Contract, pay Attorney's bills on time and keep Attorney advised of
Client's address, telephone number and whereabouts.
2. LEGAL FEES. Client agrees to pay for legal services at the following
rates to be billed in increments of one -tenth hours: Steven C. Mitchell and other attorneys with
more than 15 years' experience $235.00 per hour; Attorneys with 7 — 14 years' experience $210
per hour; Attorneys with less than 7 years' experience, $ 185 per hour; and Paralegals, $ 110 per
hour.
These rates are subject to possible increase. Should there be any change in our
billing rates, you will be advised immediately.
3. COSTS & EXPENSES. In addition to paying legal fees, Client shall
reimburse Attorney for all costs and expenses incurred by Attorney, including but not limited to,
process servers' fees, fees fixed by law or assessed by courts or other agencies, court reporters'
fees, long distance telephone calls, messenger and other delivery fees, postage, in- office
photocopying, parking, mileage at $.50 per mile, investigation expenses, consultants' fees, expert
witness fees and other similar items. Client authorizes Attorney to incur all reasonable costs and
to hire any investigators, consultants or expert witnesses reasonably necessary in Attorney's
judgment, unless some or both of the clauses below are initialed by Client and Attorney.
Attorney shall obtain Client's consent before retaining outside investigators,
consultants, or expert witnesses.
4. STATEMENTS. Attorney shall send Client statements for fees and costs
incurred, on a monthly or as needed basis. Client shall pay Attorney's statements within twenty
(20) days after each statement's date. Statements shall be final and conclusive as between the
parties unless any problem or disagreement is communicated from Client to Attorney within
twenty (20) days after rendition.
1 (Page
COU No. 1516 -097
5. DISCHARGE & WITHDRAWAL. Client may discharge Attorney at
any time. Attorney may withdraw with Client's consent for good cause. Good cause includes
Client's breach of this Contract, Client's refusal to cooperate with Attorney or to follow
Attorney's advice on a material matter or any other fact or circumstance that would render
Attorney's continuing representation unlawful or unethical.
6. CONCLUSION OF SERVICES. When Attorneys' services conclude,
all unpaid charges shall become immediately due and payable. After Attorney's services
conclude, Attorney will, upon Client's request, deliver to Client any Client funds or property in
Attorney's possession.
Client hereby grants to Attorney a lien upon any funds or property recovered by the
Client through the proceedings which are the subject of this agreement, to the extent of securing
any unpaid balance owed by Client to Attorney under the terms hereof, and Client agrees to
execute any further documents necessary to document and perfect said lien.
7. DISCLAIMER OF GUARANTEE. Nothing in this Contract and
nothing in Attorney's statements to Client will be construed as a promise or guarantee about the
outcome of Clients' matter. Attorney makes no such promises or guarantees. Attorney's
comments about the outcome of Client's matter are expressions of opinion only.
8. EFFECTIVE DATE. This Contract will take effect when Client has
have performed the conditions stated in paragraph 2, but its effective date will be retroactive to
the date Attorney first provided services. The date at the beginning of this Contract is for
reference only. Even if this Contract does not take effect, Clients will be obligated to pay
Attorney the reasonable value of any services Attorney may have performed for Clients.
9. ATTORNEY'S FEES AND LITIGATION EXPENSES IN THE
EVENT OF COLLECTION ACTION. In the event that it is necessary to commence action
upon this Contract to collect any account due from Client to Attorney, and if such action is
successful, Client agrees to pay attorney's fees, court costs and reasonable expenses necessarily
incurred in connection with such legal action. Attorney's fees shall include either the fees of
outside attorneys or reasonable compensation for the time expended in connection with said
collection proceedings by attorneys who are members of the firm of GEARY, SHEA,
O'DONNELL, GRATTAN & MITCHELL, P.C. In the event any such collection action is
unsuccessful, then Attorney agrees to pay reasonable attorney's fees and litigation expenses
incurred by Client in defense of such action.
10. INSURANCE. Attorney maintains errors and omissions insurance
coverage applicable to the services to be rendered.
2IPage
DATED: August , 2015
COU No. 1516 -097
"Attorney"
GEARY, SHEA, O'DONNELL, GRATTAN &
MITCHELL, P.C.
BY:
STEVEN C. MITCHELL
DATED: August .3 i , 2015 "Client"
BY:
S ,ttE SA IACOMO
City Mana er, City of Ukiah
s
31Page