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HomeMy WebLinkAbout5523 ; . �1 F ' � Morris Law P.C. November 13, 2015 Mr. Roger Lubovich City Attorney City of Bremerton 345 —6`h Street, Suite 600 Bremerton, WA 98337 Re: Engagement of Morris Law, P.C. for Land Use Legal Services Deaz Mr. Lubovich: Thank you for engaging me to provide general land use legal advice to you and the City 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 in 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 Billings My hourly rate is $285.00 through the end of 2016. I will be the attomey providing all legal services in this matter, except during a vacation or emergency. You will be contacted and your approval obtaincd before anyone else handles this matter. I have attached a copy of our Standard Terms of Engagement and Billing Policies. Please read this document carefully as those terms, along with this letter, form a binding contract between us. I have provided you with duplicate originals of this letter. If it meets with your approval, please sign and date one of the letters, and return it to us. Page I 1 3304 Rosedale Street NW,Suite 200,Gig Harbor,WA 98335-1805 Phone: 253-851-5090 Fax: 360-850-1099 Email: carol!«?carolmorrislaw.com Web: www.carolmorrislaw.com If you have any questions at any time about our services or billings,please do not hesitate to call me. We look forward to working with you. Very truly yours, MO S LAW, P.C. arol A. Morris AGREED,ACCEPTED, and CONSENTED By: Name: Roger Lubovich Dated: NQ✓ �3 , 2015 Page I 2 , , . Morris Law, 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. You will be billed for travel from portal to portal. 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 sepazately for some other services and expenses to the extent of their use by individual clients. These charges include, but aze 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 sepazate 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, 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 are 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. Page 3 of 5 Monthly Invoices and Payment Morris Law 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 chazge 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 13udgets 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 aze 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, with or without cause, by notifying us. Upon such action, all fees and expenses incurred before the termination aze 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 cunent copy rate per page then in effect at this firm. Page 1 4 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 to 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 anangements with us. Dispute Resolution If you disagree with the amount of our fee, please talce 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. 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 aze 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. Page I 5