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HomeMy WebLinkAbout5311Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date 5311 MORRIS LAW, P C Land Use Legal Services Legal LEG 12-1 11/1/2013 9/1/2014 Comments � Morris Law PC November 1, 2013 Mr Roger Lubovich Crty Attorney City of Bremerton 345 — 6 Street, Suite 600 Bremerton, WA 98337 Re Engagement of Morris Law, P C for Land Use Legal Services Dear Mr Lubovich Thank you for engagmg me to provide general land use legal advice to you and the Crty of Bremerton This letter and the attached Standard Terms of Engagement and Billing Policies, together constitute a contract for our services Scope of Our Services At this point m time, you have asked me to provide land use legal advice over the phone or in person, to you and/or various Bremerton City staff inembers Your Obligations -- Fees and B►llings My hourly rate is $285 00 through the end of 2013 I will be the attorney providmg all legal services m this matter, except durmg a vacation or emergency You will be contacted and your approval obtamed before anyone else handles this matter As you know, my associate is Jenmfer Robertson, who is also an experienced mumcipal/land use attorney To the extent that Ms Robertson is authonzed to provide any service�, her hourly rate �s $ 225 00 per hour through the end of 2013 I have attached a copy of our Standard Terms of Engagement and Billmg Policies Please read this document carefully as those terms, along wrth this letter, form a bmdmg contract between us I have provided you with duplicate ongmals of this letter If it meets with your approval, please sign and date one of the letters, and return rt to us Page � 1 PO Box 948, 7223 Seawitch Lane NW Seabeck, WA 98380-0948 Phone 360-830-0328 Fax 360-850-1099 Email carol_a_morris@msn com If you have any questions at any time about our services or billmgs, please do not hesrtate to call me We look forward to workmg with you Very truly yours, MORRIS LAW, P C Carol Morris AGREED, ACCEPTED, and CONSENTED _ I-- =�� : '�� �-_ . � Name Roger Lubovich Dated IJo V , 2013 Page � 2 Morris Law, P.C. Standaa-d Terms of Engagement and Billing Policies Our expenence has shown that the attorney-client relationship works best when there is mutual understandmg about fees, expenses, billmg, and payment terms Therefore, this statement is mtended to explam our billmg policies and procedures Clients are encouraged to discuss wrth us any questions they have about these policies and procedures Any specific billmg arrangements different from those set forth below, will be confirmed m a separate wntten agreement between the client and the firm Fees for Professional Services Unless otherwise agreed in wrrtmg, 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 rendenng services on the client's behalf Time is accrued on the basis of actual time spent for all work Any mcreases resultmg from ad�ustments m hourly rates will be instituted after notice to our clients Notice of fee mcreases will be contamed m the first month's bilhng for which the mcrease was applied You will be billed for travel from portal to portal Fees for Other Services, Costs and Expenses We attempt to serve all our clients wrth the most effective support systems available Therefore, m 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 mclude, but are not limrted to, large copying pro�ects, large mailings, specialized computer research, court filing fees, and other court-related expendrtures includmg court reporter and transcription fees Aside from our time, no separate charge is made for computer research that falls wrthm our Westlaw subscnption We do not charge for secretarial or word processing services, those costs are mcluded within the above hourly rates We may need to advance costs and mcur expenses on your behalf on an ongomg basis, including, but not limited to, costs such as filing fees, or fees for necessary experts, consultants, or services related to your matter These items are separate and apart from attorneys' fees Generally, we will advance nommal costs and bill you for them at the end of the month These additional costs includmg taxes will be mcluded 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 are responsible to reimburse the firm for these advanced costs If substantial costs arise, we will arrange for you to pay them m advance or be billed directly by the appropnate party Page 3 of 5 Monthly Invo�ces and Payment Morns Law P C provides rts clients wrth monthly mvoices for legal services performed and expenses incurred Each monthly mvoice reflects both professional and other fees for services rendered through the end of the pnor month, as well as expenses mcurred on the client's behalf that have been processed by the end of the pnor month Processmg some expenses is delayed until the next month and billed thereafter Unless specifically set forth m a separate wntten contmgent fee agreement, our fees are not contmgent upon any aspect of the matter All billmgs are due and payable wrthm fifteen (15) days of presentation unless the full amount is covered by the balance of an advance fee deposit held m our trust account If a bill is not paid withm 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 contmumg 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 mvoice within forty-five (45) days of mailmg, we may advise the client by letter that the client must pay the mvoice wrthm ten (10) days or the firm will take appropnate steps to withdraw as attorney of record if the delay is caused by a problem in the mvoice, we must rely upon the client to raise that wrth us dunng the ten day penod This same policy applies to fee arrangements that require the client to replemsh fee deposrts or make deposrts for anticipated costs From time-to-time clients have questions about the format of the bill or descnption 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 dependmg upon the scope of the work For example, prior to a protracted trial or hearmg, 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 wrth the client and mutuzlly agreed in wrrting While we may, from time-to-time, endeavor to estimate accurately your total fees and costs m handlmg a matter, we always caution clients that such statements are estimates only 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, wrth or without cause, by notifying us Upon such action, all fees and expenses mcurred before the termmation are due If such termmation occurs, your ongmal papers will be returned to you promptly upon receipt of payment for outstandmg fees and costs If you wish to have a copy of your file at the conclusion of our representation, we will provide rt to you at the current copy rate per page then in effect at this firm Estimates Page I 4 You may, from time to time, ask us for estirnates of our fees and expenses erther m whole or m part We are hesrtant to give estimates because of their potential maccuracy However, if you require it, and if we do provide you wrth such est�mates, they will be based upon our professional �udgment, but always wrth a clear understandmg that rt 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 retam your files for seven years After seven years, we may have your files destroyed if you would like your files mamtamed for more than seven years or returned, you must make separate arrangements with us I3r5p�te Res€�di�tron If you disagree with the amount of our fee, please take up the question with the lead attorney for your matter Typically such d�sagreements are resolved to the satisfaction of both sides wrth little inconvemence or formality The Washington State Bar Association has a Fee Arbitration Board to assist m the settlement of any fee disputes Any disputes relating to these Terms of Engagement or the accompanymg engagement letter (collectively this "agreement") or the amount of legal fees related thereto, will be submitted to the Fee Arbrtration Board of the Washmgton State Bar Association for arbitration and prompt resolution, accordmg to rts 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 collectmg the debt, mcludmg 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 Disclaimer You acknowledge that we have made no guarantees regardmg the disposition, outcome, or results of your legal or busmess marters, ana aIl expressions we have made relevant thereto are only our opmions as lawyers based upon the information available to us at the time Our begmnmg work on your behalf will constitute your acceptance of this agreement unless we receive a wntten ob�ection from you within fourteen (14) days of the date of the accompanying engagement letter Page I 5