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4774
MORRIS & TARADAY PC
Land Use & Related.Matters
Legal
LEG 12-1
11/20/2008
06/15/2010
Review date for tracking only
October 29,2008
Carol A. Morris
Morris & Taraday, P.C.
PO Box 948
Seabeck, W A 98380-0948
Re: Engagement Letter
Dear Carol:
The City of Bremerton and Morris & Taraday, P.C. desire to enter into an agreement for
legal representation in land use and related matters.
This letter will serve as an Engagement Letter and Terms of Engagement ("Agreement")
between the City of Bremerton and Morris & Taraday, P.C. (collectively "Parties") and
will become effective upon execution by Parties. A copy of Morris & Taraday, P.C.
Standard Terms of Engagement and Billing Polices is attached hereto as Exhibit A and
incorporated herein by reference.
The Parties agree that the Agreement will continue in full force and effect until
terminated pursuant to Exhibit A.
The 2008 hourly rate for services is $250 an hour. The Parties further agree that the
hourly rate for services stated herein may, from time to time, and upon approval by the
City Attorney, be adjusted to reflect current market rates and conditions. Any rate
modifications shall be approved in writing by the City Attorney.
This Letter of Engagement may be executed in duplicate originals with each have the
same force and effect.
Reviewed, Approved, and Accepted this ~ay of jJ~2008
. Page 2
Reviewed, Approved and Accepted this
MO
f day of
R:\Legal\Legal\Contracts\LEGAL \2008 Morris Agreement.doc
By:
Its:
October 29,2008
Morris & Taraday, P .C.
Standard Terms of Engagement and Billing Policies
Our experience has shown that the attorney-client relationship works best when there is
mutual understanding about fees, expenses, billing, and payment terms. Therefore, this
statement is intended to explain our billing policies and procedures. Clients are encouraged to
discuss with us any questions they have about these policies and procedures. Any specific
billing arrangements different from those set forth below, will be confirmed in a separate written
agreement between the client and the firm.
Fees for Professional Services
Unless otherwise agreed in writing, the fees for the legal work undertaken will be based
on the amount of time spent by us on the client's behalf.
Hourly rates are set to reflect the skill and experience of the attorney or other legal
personnel rendering services on the client's behalf. Time is accrued on the basis of actual time
spent for all work. Any increases resulting from adjustments in hourly rates will be instituted
after notice to our clients. Notice of fee increases will be contained in the first month's billing
for which the increase was applied. Occasionally, monthly statements are adjusted upward or
downward pursuant to factors such as result achieved, time pressures imposed by client or by the
nature of the matter, and nature and length of professional relationship w~th client. In special
circumstances, which will be discussed with the client and agreed upon in writing, fees will be
based upon the novelty or difficulty of the matter, or the time or other special limitations
imposed by the client.
Fees for Other Services, Costs and Expenses
We attempt to serve all our clients with the most effective support systems available.
Therefore, in addition to fees for professional legal services, we also charge separately for some
other services and expenses to the extent of their use by individual clients. These charges
include, but are not limited to, large copying projects, large mailings, specialized computer
research, court filing fees, and other court-related expenditures including court reporter and
transcription fees. Aside from our time, no separate charge is made for computer research that
falls within our Westlaw subscription. We do not charge for secretarial or word processing
services; those costs are included within the above hourly rates.
We may need to advance costs and incur expenses on your behalf on an ongoing basis,
including, but not limited to, costs such as filing fees, or fees for necessary experts, consultants,
Page 3 of 6
or services related to your matter. These items are separate and apart from attorneys' fees.
Generally, we will advance nominal costs and bill you for them at the end of the month. These
additional costs including taxes will be included as a separate item on your monthly statement.
You, as the client, are responsible for these costs. They are not the responsibility of this firm.
You shall be responsible to reimburse the firm for these advanced costs. If substantial costs arise,
we will arrange for you to pay them in advance or be billed directly by the appropriate party.
Monthly Invoices and Payment
Morris & Taraday, P.C. provides its clients with monthly invoices for legal services
performed and expenses incurred. Each monthly invoice reflects both professional and other
fees for services rendered through the end of the prior month, as well as expenses incurred on the
client's behalf that have been processed by the end of the prior month. Processing some
expenses is delayed until the next month and billed thereafter.
Unless specifically set forth in a separate written contingent fee agreement, our fees are
not contingent upon any aspect of the matter. All billings are due and payable within fifteen (15)
days of presentation unless the full amount is covered by the balance of an advance fee deposit
held in our trust account. If a bill is not paid within twenty (20) days, a late charge of one
percent per month on the unpaid invoice shall be added to the balance owed, commencing with
the next statement and continuing until paid.
It is our policy to treat every question about a bill promptly and fairly. It is also our
policy that, if a client does not pay an invoice within forty-five (45) days of mailing, we may
advise the client by letter that the client must pay the invoice within ten (10) days or the firm will
take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in
the invoice, we must rely upon the client to raise that with us during the ten day period. This
same policy applies to fee arrangements that require the client to replenish fee deposits or make
deposits for anticipated costs.
From time-to-time clients have questions about the format of the bill or description of
work performed. If you have any questions, please ask them when you receive the bill, so we
may address them on a current basis.
Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of
required advances for fees after the commencement of our engagement and depending upon the
scope of the work. For example; prior to a protracted trial or hearing, the firm may require a
further advance fee deposit to the firm's trust account sufficient to cover expected fees. Any
such changes in fee arrangements will be discussed with the client and mutually agreed in
writing.
While we may, from time-to-time, endeavor to estimate accurately your total fees and
costs in handling a matter, we always caution clients that such statements are estimates only.
ND: 4811-9298-7138. v. 1
Our monthly billing statements will serve to keep you advised of the actual cost of
representation.
Termination
You may terminate our representation at any time, with or without cause, by notifying us.
Upon such action, all fees and expenses incurred before the termination are due. If such
termination occurs, your original papers will be returned to you promptly upon receipt of
payment for outstanding fees and costs. If you wish to have a copy of your file at the conclusion
of our representation, we will provide it to you at the current copy rate per page then in effect at
this firm.
Estimates
You may, from time to time, ask us for estimates of our fees and expenses either in whole
or in part. We are hesitant tG give estimates because of their potential inaccuracy. However, if
you require it, and if we do provide you with such estimates, they will be based upon our
professional judgment, but always with a clear understanding that it is not a maximum or fixed
fee quotation. We cannot guarantee that the actual fees and expenses will be at or below the
estimates because of factors outside our control.
Client Files
If you do not request the return of your files, we will retain your files for seven years.
After seven years, we may have your files destroyed. If you would like your files maintained for
more than seven years or returned, you must make separate arrangements with us.
Dispute Resolution
If you disagree with the amount of our fee, please take up the question with the lead
attorney for your matter. Typically such disagreements are resolved to the satisfaction of both
sides with little inconvenience or formality. The Washington State Bar Association has a Fee
Arbitration Board to assist in the settlement of any fee disputes. Any disputes relating to these
Terms of Engagement or the accompanying engagement letter (collectively this "agreement") or
the amount of legal fees related thereto, will be submitted to the Fee Arbitration Board of the
Washington State Bar Association for arbitration and prompt resolution, according to its then-
effective rules, and we agree to be bound by the results of such arbitration. In the event of non-
payment such that we have to pursue collection of your account, you agree to pay the costs of
collecting the debt, including court costs and fees, and a reasonable attorney's fee.
Withdrawal
We reserve the right to withdraw from representing you, if, for any reason, our fees are
not timely paid in accordance with this agreement, or for any other appropriate cause.
ND: 4811-9298-7138, v. 1
Disclaimer
You acknowledge that we have made no guarantees regarding the disposition, outcome,
or results of your legal or business matters, and all expressions we have made relevant thereto
are only our opinions as lawyers based upon the information available to us at the time. Our
beginning work on your behalf will constitute your acceptance of this agreement unless we
receive a written objection from you within fourteen (14) days of the date of the accompanying
engagement letter.
ND: 4811-9298-7138, v. 1