Loading...
HomeMy WebLinkAboutContracts & Agreements_17-2022Indian Wells (760) 568-2611 Irvine (949) 263-2600 Los Angeles (213) 617-8100 Manhattan Beach (310) 643-8448 BEST BEST & KRXEGI R ATTORNIiYS AT LAW 18101 Von Karmen Avenue, Suite 1000 Irvine, CA 92612 Phone: (949) 263-2600 I Fax: (949) 260-0972 I www.bbklaw.com Riverside (951) 686-1450 Sacramento (916) 325-4000 San Diego (619) 525-1300 Walnut Creek (925) 977-3300 Ontario Washington, DC (909) 989-8584 (202) 785-0600 Alisha M. Winterswyk (949) 263-6565 alisha.winterswyk@bbklaw.com File No. 09957 00000 November 10, 2021 VIA E-MAIL TO DANMCHUGH@CITYOFREDLANDS.ORG Dan McHugh, City Attorney City of Redlands 35 Cajon Street, Suite 200 Redlands, CA 92373 Re• Continued Engagement of Best Best & Krieger LLP Dear Mr McHugh. ABOUT OUR REPRESENTATION Best Best & Krieger LLP is pleased to continue representing the City of Redlands ("Redlands") as special counsel. Specifically, we will assist Redlands in defending the anticipated Petition for Writ of Mandate filed by the Coalition to Save Redlands Orange Groves as to the Bergamot Specific Plan Project located within the City of Redlands. This letter constitutes our agreement setting the terms of our representation. If you want us to represent you and agree to the terms set forth in this letter, after you review the letter please sign it and return the signed copy to us. CONFIDENTIALITY AND ABSENCE OF CONFLICTS An attorney -client relationship requires mutual trust between the client and the attorney It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney -client privilege. To also assure mutuality of trust, we have maintained a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents us from representing Redlands. Similarly, Redlands will be included in our list of clients to ensure we comply with the Rules of Professional Conduct with respect to Redlands. We have checked the following names against our client index. City of Redlands, Coalition to Save Redlands Orange Groves, John G McClendon, Leibold McClendon & Mann, MCL Holdings, Inc , John C Condas and Allen Matkins Leck Gamble Mallory & Natsis LLP Based 09957.00000\34526354.2 I 11 IR BEST BUST Sc KRIEGER ATTOONEYS AT LAW Dan McHugh, City Attorney November 10, 2021 Page 2 on that check, we can represent Redlands in this matter Please review the list to see if any other persons or entities should be included. If you do not tell us to the contrary, we will assume that this list is complete and accurate We request that you update this list for us if there are any changes in the future YOUR OBLIGATIONS ABOUT FEES AND BILLINGS Our billing rates for this matter will be privates rates less 10%. My colleague Sarah Owsowitz will be assisting me with this matter along with my associate Megan Kilmer Our current private rates are as follows Alisha Winterswyk — $530/hour Sarah Owsowitz — $560/hour Megan Kilmer — $300/hour Other attorneys may be called upon from time to time to work on matters as particular needs arise and will be billed at current individual rates depending upon the area of expertise Hourly rates for those attorneys fall within the following ranges for new work: Partners and Of Counsel range from $350 to $850 per hour, Associates range from $235 to $385 per hour, and Paralegals and Clerks from $175 to $295 per hour These ranges cover both our public and private rates Our rates are reviewed annually and may be increased from time to time with advance written notice to the client. The billing policies are described in the memorandum attached to this letter, entitled "Best Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum part of this agreement as it binds both of us For that reason, you should read it carefully INSURANCE We understand that you are not now insured or have any insurance that may cover potential liability or attorneys' fees in this case If you think you may have such insurance, please notify me immediately We are also pleased to let you know that Best Best & Krieger LLP carries errors and omissions insurance with Lloyd's of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. NEW MATTERS When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters You should know that such new matters will be the subject of a new 09957.00000\34526354.2 BEST BEST & KRIEGEII ATTORNEYS AT LAM Dan McHugh, City Attorney November 10, 2021 Page 3 signed supplement to this agreement. Similarly, this agreement does not cover and is not a commitment by either of us that we will undertake any appeals or collection procedures. Any such future work would also have to be agreed upon in a signed supplement. CIVILITY IN LITIGATION In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such courtesies saves our clients' time and money By signing this letter you will be confirming your approval of this practice in your case HOW THIS AGREEMENT MAY BE TERMINATED You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you upon written notice, order of the court, or in accordance with our attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent you for ethical or practical concerns CLIENT FILE If you do not request the return of your file, we will retain your file for five years. After five years, we may have your file destroyed. If you would like your file maintained for more than five years or returned, you must make separate arrangements with us. THANK YOU On a personal note, we are pleased that you have selected Best Best & Krieger LLP to represent you. We look forward to a long and valued relationship with you and appreciate your confidence in selecting us to represent you in this case If you have any questions at any time about our services or billings, please do not hesitate to call me. [continued on next page] 09957.00000\34526354.2 BEST BEST & KRIEGER ATTORNEYS AT LAW Dan McHugh, City Attorney November 10, 2021 Page 4 If this letter meets with your approval, please sign and date it, and return the original to us Unless you sign, date and return the original, we will not represent you in any capacity, and we will assume that you have made other arrangements for legal representation We have enclosed a separate signed copy of this letter for your records Sincerely, Ahsha M Wmterswyk of BEST BEST & KRIEGER LLP AMW mmc A REED B Y Dated ATTEST: nne Donaldson, City Clerk 09957 00000\34526354.2 BEST BEST & KRIEGER LLP'S BILLING POLICIES Our century of 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. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department (accounts.receivable@bbldaw coin). Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm. INVOICE AND PAYMENT OPTIONS Best Best & Krieger strives to meet our clients' needs in terms of providing a wide variety of invoice types, delivery and payment options. Please indicate those needs including the preferred method of invoice delivery (Invoice via Email, or USPS) In addition, accounts.receivable@bbldaw.com can provide a W-9 upon request and discuss various accepted payment methods. FEES FOR PROFESSIONAL SERVICES Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client's behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client. Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. All legal services are billed in one -tenth of an hour (0 10/hour) or six -minute increments. Our attorneys are currently billed at rates from $235 to $850 per hour, and our administrative assistants, research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to $295 per hour for new work. These rates reflect the ranges in both our public and our private rates. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice Non -Attorney Personnel. BBK may employ the services of non -attorney personnel under the supervision of 09957 00000\34526354.2 a BBK attorney in order to perform services called for in the legal services agreement. The most common non -attorney personnel utilized are paralegals. Other types of non - attorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty consultants. The client agrees that BBK may use such non -attorney personnel to perform its services when it is reasonably necessary in the judgment of the responsible BBK attorney Hourly fees for non -attorney personnel will be charged at the rate then in effect for such personnel. A copy of BBK's current rates and titles for non -attorney personnel will be provided upon request. FEES FOR ELECTRONICALLY STORED INFORMATION ("ESI") SUPPORT AND STORAGE BBK provides Electronically Stored Information ("ESI") services for matters requiring ESI support — typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data ("GB") processed and stored. 1GB -250GB $10 per GB 251GB - 550GB $8 per GB 551GB - 750GB $6 per GB 751GB - 1TB $4 per GB The amount BBK charges for basic processing and storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services available from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand. 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 separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court -related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services, those costs are included within the above hourly rates. We inay need to advance costs and incur expenses on your behalf on an ongoing basis. These items are separate and apart from attorneys' fees and, as they are out- of-pocket charges, we need to have sufficient funds on hand from you to pay them when due We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due. ADVANCE DEPOSIT TOWARD FEES AND COSTS Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case -by -case basis discussed first with the client, and is specified in our engagement letter Upon receipt, the advance deposit will be deposited into the firm's client trust account. Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney's fees (unless otherwise noted in our accompanying engagement letter). At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits By signing the initial engagement letter, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded. MONTHLY INVOICES AND PAYMENT Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt. 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 of some expenses is delayed until the next month and billed thereafter Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. If a bill is not paid within 30 days, a late 09957 00000\34526354.2 charge of one percent per month on the unpaid invoice may 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 60 days of mailing, we assume the client is, for whatever reason, refusing to pay We reserve the right to terminate our engagement and withdraw as attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 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 14-day period. This same policy applies to fee arrangements which 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 such 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 depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment 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. Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees. BEST BEST & KRIEGER LLP