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Waters & Elwell
1950 Market Street
Riverside, California 92501
(909) 784 - 3322
May 16, 1994
ATTORNEY-CLIENT FEE CONTRACT
This ATTORNEY-CLIENT FEE CONTRACT ("Contract") is entered into by and between
City of Redlands ("Client") and WATERS & ELWELL ("Attorney").
I. CONDITIONS. This contract will not take effect, and Attorney will have no obligation
to provide legal services, until Client returns a signed copy of this Contract.
2. SCOPE AND DUTIES. Client hires Attorney to provide legal services in connection
with:
Appeal filed on or about April 4, 1994, by plaintiff, Kenneth L. Jackson, from the
summary judgment entered in favor of client and its employees, Joseph P. Bodnar and
Henry Ryes, in the matter of Jackson v. City of Redlands, et al., San Bernardino
Superior Court Case No. SCV 247804.
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, and telephone number.
3. LEGAL FEES. Client agrees to pay for legal services at the rate of$1.25.00 per hour.
Attorney charges in minimum units of one-tenth (0.10) hours.
4. COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse
Attorney for costs and expenses incurred by Attorney, including, but not limited to, fees
fixed by law or assessed by courts or other agencies, court reporter and/or court clerk
transcript preparation fees, messenger and other delivery fees, postage and FAX charges,
photocopying charges, computerized legal research costs and other similar items. Client
authorizes Attorney to incur all reasonable costs and expenses which are reasonably
necessary, in Attorney's judgment, to adequately represent Client.
5. STATEI TENTS. Attorney shall send Client periodic statements for fees and costs
incurred. Client shall pay Attorney's statements within 30 days after each statement's date.
Client znay request a statement at intervals of no less than 30 days. Upon Client's request,
Attorney will provide a statement within 10 days.
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6. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time.
Attorney may withdraw with Client's consent or 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.
7. CONCLUSION OF SERVICES. When Attorney's services conclude, all unpaid
charges shall become immediately due and payable. After Attorney's services conclude,
Attorney will, upon Client's request, deliver Client's file to Client, along with any Client
funds.
S. ERRORS AND OMISSIONS INSURANCE COVERAGE. Business & Professions
Code, section 6148, subdivision (a) (4) requires the attorney to disclose whether the attorney
maintains errors and omissions insurance coverage which is applicable to the services to be
rendered to the clients. Attorney hereby informs Client and Client hereby acknowledges that
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Attorney presently does not maintain errors and omissions insurance coverage which woud
be applicable to the services to be rendered to Client by Attorney under this contract.
9. 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
Client's matter. Attorney makes no such promise or guarantee. Attorney's comments about
the outcome of Client's matter are expressions of opinion only.
10. EFFECTIVE DATE. This Contract will take effect when Client has performed the
conditions stated in Paragraph 1, 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, Client will be obligated to pay Attorney the
reasonable value of any services Attorney may have performed for Client.
WATERS & ELWELL
SHARON J. WATERS
Address:
Client
CITY OF EDLANDS
Telephone:
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