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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
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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