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HomeMy WebLinkAboutContracts & Agreements_180A-2015_CCv0001.pdf ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT l.. IDENTIFICATION OF PARTIES. This Agreement, executed in duplicate with each party receiving an executed original, is made between Stutz Artiano Spinoff & Holtz, A Professional Corporation, hereinafter referred to as "Law Firm" and City of Redlands, hereinafter referred to as "Client". This Agreement is required by Business and Professions Code section 6148 and is intended to fulfill the requirements of that section. 2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Law Firm to Client are as follows: analysis of conduct of Scottsdale Insurance Co. or subsidiaries to determine if legal action is necessary or feasible and consultation on relationships with insurers. Representation will take place in the form of consultation and advice and, if necessary, through the filing of a lawsuit or cross-complaint, through trial, post trial motions and all activities up to notice of appeal, if any. Services, if any, relating to appeal will be by supplementary agreement. 3. RESPONSIBILITIES OF LAW FIRM AND CLIENT. Law Firm will perform the legal services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquires and communications. James Holtz is intended to be the Law Firm's attorney primarily responsible for the representation. Client will cooperate with the Law Firm in the preparation of the case. 4. ATTORNEY'S FEES. Client will pay Law Firm attorney fees for the legal services provided under this Agreement at the respective commercial hourly rates of the individuals providing the services. The rate shall be $250.00 per hour for senior attorneys, $225.00 for ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT CITY OF REDLANDS l associate attorneys, and$100.00 per hour for paralegal work. Law Firm will charge in increments of one tenth of an hour, rounded off for each particular activity to the nearest one tenth of an hour. The minimum time charged for any particular activity will be one tenth of an hour. Law Firm will charge for all activities undertaken in providing legal services to Client under this Agreement, including, without limitation, the review, analysis, preparation or participation in any of the following activities: conferences, court appearances, depositions, correspondence,pleadings, legal research,motions,discovery,and trial. If, while this Agreement is in effect, Law Firm increases the hourly rate being charged to clients generally for attorney's fees, that increase may be applied to fees incurred under this Agreement, but only with respect to services provided thirty (30) days or more after written notice of the increase is mailed to Client. Client acknowledges that Law Firm has made no promises about the total amount of attorney's fees Client may incur under this Agreement. 5. COSTS. All costs and litigation expenses are solely the responsibility of Client. Law Finn may advance such costs and expenses as needed, but Client will reimburse Law Firm for such advanced costs and expenses immediately. Such costs and expenses may include, without limitation, long-distance telephone calls, messenger and other delivery fees, postage, charges for computer research and outside assisted legal research, travel expenses, in-office copying at$.15 per page, facsimile charges, deposition costs, investigation expenses, consultants' fees, expert witness fees, court reporter fees, jury fees, investigator fees, filing fees, and other such charges assessed by courts and/or public agencies, and other similar items. Client authorizes Law Firm to incur all reasonable costs and to hire any investigators, consultants or expert witnesses reasonably necessary in Law Firm's judgment. ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT CITY OF REDLANDS 2 Upon any recovery by judgment, settlement, or otherwise, Law Firm's fees will be paid first from the gross award or recovery, and following the payment of Law Firm's fees, any costs advanced or incurred, but unpaid by Client will then be deducted from Client's share of recovery and the remainder of recovery will then be distributed to Client or at the direction of Client. 6. ARBITRATION CLAUSE. Client and Law Firm agree to have any and all disputes (except where Client may request arbitration of a fee dispute by the State Bar or local bar association as provided by Business and Professions Code Sections 6200, et seq.), that arise out of, or relate to this Agreement, including but not limited to claims of negligence or malpractice arising out of or relating to the legal services provided by Law Firm to Client, decided only by binding arbitration in accordance with the provisions of the Code of Civil Procedure sections 1280 et seq., and not by court action, except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Law Firm and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure section 1283.05. 7. ERRORS AND OMISSIONS INSURANCE. The Law Firm maintains errors and omissions insurance coverage applicable to the services to be rendered under this Agreement. 8. DISCHARGE AND WITHDRAWAL. Client may discharge Law Firm at any time, upon written notice to Law Firm, and Law Firm will immediately after receiving such notice cease to render additional services. Should Client discharge Law Firm, Client will be required to repay Law Firm within thirty (30) days of the discharge all costs which have been advanced by Law Firm pursuant to Paragraph 5 of this Agreement and Law Firm will have the right to recover from Client the reasonable value of Law Firm legal services rendered from the ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT CITY OF REDLANDS 3 effective of the Agreement to the date of discharge. Law Firm may withdraw from representation of Client (a) with Client's consent, (b) upon court approval, or(c) if no court action has been filed,upon reasonable notice to CIient. 9. LIEN. Client hereby grants Law Firm a lien on any and all claims or causes of action that are the subject of Law Firm representation under this Agreement. Law Firm's lien will be for any sums owing to Law Firm for any unpaid costs or attorneys fees under this Agreement. The lien will attach to any recovery Client may obtain, whether by arbitration award,judgment, settlement or otherwise. 10. CONCLUSION OF SERVICES. When Law Firm's services conclude, other than by discharge or withdrawal all unpaid charges will immediately become due and payable. After Law Firm's services conclude, Law Firth will, upon Client's request, deliver Client's file to Client, along with any Client's funds or property in Law Firm's possession. 11. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Law Firm's statements to Client will be construed as a promise or guarantee about the outcome of Client's matter. Law Firm makes no such promises or guarantees. There can be no assurance that Client will recover any sum or sums in this matter. Law Firm's comments about the outcome of Client's matter are expressions of opinion,only. 12. EFFECTIVE DATE OF THIS AGREEMENT. The effective date of this Agreement is September 3, 2015 13. COUNTER PARTS. This Agreement may be executed in one or more counter parts and, when said counter parts are taken together, shall constitute one original Agreement. Facsimile and/or electronic (scanned and emailed) signatures may be accepted and binding upon ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT CITY OF REDLANDS 4 the Settling Parties and have the same force and effect as an original signature. THE FOREGOING IS AGREED TO BY: CITY OF REDLANDS ATTEST : / By: Sam Irwin, City Clerk Mayor Paul W. Foster Date:—q JI J�jS STUTZ ARTIANO SHINOFF & HOLTZ A Professional Corporation Date: By: J mes F. Holtz, shareholder ATTORNEY-CLIENT LEGAL SERVICES AGREEMENT CITY OF REDLANDS 5