1991-0626_CHAPMAN, FULLER, AND BOLLARD_Attorney-Client Fee Contract City Copy
SAN02-06
ATTORNEY-CLIENT FEE CONTRACT
June 26, 1991
This document (the"Agreement") is the written fee contract that California law
requires lawyers to have with their clients. We, CHAPMAN, FULLER & BOLLARD, will
provide legal services to THE CITY OF SAN JUAN CAPISTRANO (the "City") on the
terms set forth below.
1. CONDITIONS: This written Agreement reduces to writing the terms
upon which this office will represent the City in connection with pre-litigation and litigation
against CORAL PROPERTIES in Case No. 659387 pending in the Orange County Superior
Court (the "Action")
2. SCOPE OF SERVICES: The City is hiring us as its attorneys, to
represent it in the matter described and pursuant to the attached Rate Schedule. We will
provide those legal services reasonably required to represent the City. We will take
reasonable steps to keep the City informed of progress and to respond to its inquiries. We
will represent the City through trial and post-trial motions. After judgment we will
represent the City on appeal or in execution proceedings if specifically requested and if we
agree to that representation. Unless the City and we make a different agreement in writing,
this Agreement will govern all future services we may perform for the City.
3. CLIENT'S DUTIES: The City agrees to be truthful with us, to
cooperate, to keep us informed of developments, to abide by this Agreement, to pay our
bills on time and to keep us advised of relevant events.
4. LEGAL FEES AND BILLING PRACTICES: The City agrees to pay our
prevailing rates for time spent in representing the City's interests by our personnel. Our
hourly rates for legal personnel (and other billing rates) are set forth on the attached Rate
Schedule. The Rate Schedule also provides for periodic increases.
We will charge the City for the time we spend on telephone calls, including
calls with City representatives, opposing counsel, court personnel, etc. The legal personnel
assigned to represent the City will confer among themselves about the matter, as required.
When they do confer, each person will charge for the time expended. Likewise, if more
than one of our legal personnel attends a meeting, court hearing or other proceeding, each
will charge for the time spent. We will charge for waiting time in court and elsewhere and
for travel time, both local and out of town.
S. COSTS AND OTHER CHARGES:
(a) In General. We will incur various costs and expenses in
performing legal services under this Agreement. The City agrees to pay for those costs and
expenses in addition to the hourly fees. The costs and expenses commonly include process
servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters'
fees, long distance telephone calls, messenger and other delivery fees, postage, parking and
other local travel expenses, photocopying and other reproduction costs, clerical staff
overtime, word processing charges, charges for computer time and other similar items.
Except for the items listed on the Rate Schedule, all costs and expenses will be charged at
our cost.
2 -
{b} Out of Town Travel: The City agrees to pay transportation,
meals, lodging and all other costs of any necessary out-of-town travel by our personnel.
(c) Experts,_Consultants and Investigators. To aid in the preparation
or presentation of the case, it may become necessary to hire expert witnesses, consultants
or investigators. We will not hire such persons unless the City agrees to pay their fees and
charges. We will select any expert witnesses, consultants or investigators to be hired.
6. BILLING STATEMENTS: We will send to the City monthly statements
for fees and costs incurred. Each statement will be due within thirty days of its date.
7. DISCHARGE AND WITHDRAWAL: The City may discharge us at any
time. We may withdraw with the City's consent or for good cause. Good cause includes
a breach of this Agreement, refusal to cooperate with us or to follow our advice on a
material matter or any fact or circumstance that would render our continuing representation
unlawful or unethical.
When our services conclude, all unpaid charges will immediately become due
and payable. After our services conclude, we will, upon request, deliver the file to the City.
We will also return any City funds or property in our possession.
S. DISCLAIMER OF GUARANTEE: Nothing in this Agreement and
nothing in our statements will be construed as a promise or guarantee about the outcome
of this matter. We make no such promises or guarantees. Any comments we make about
the outcome of this or other matters are expressions of opinion only.
- 3 -
9. EFFECTWE DATE: This Agreement confirms the terms and conditions
upon which this firm has and will continue to represent the City in the Action. Its effective
date will be retroactive to the date we first performed services. The date at the beginning
of this Agreement is for reference only. Even if this Agreement does not take effect, the
City will be obligated to pay us the reasonable value of any services we may have
performed.
CHAP ULL
By:
H. DanieFc#r
I HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
THOSE SET FORTH ON THE ATTACHED RATE SCHEDULE AND, ON BEHALF
OF THE CITY OF SAN JUAN CAPISTRANO, AGREE TO THEM AS OF THE DATE
CHAPMAN, FULLER & BOLLARD FIRST PROVIDED SERVICES.
THE CITY OF SAN JUAN CAPISTRANO
By:
Kenneth E. Fri ss, M4yor
ATTEST:
ity Cle
Date: July 2, 1991
- 4
RATE SCHEDULE
A. Identification
Client:The City of San Juan Capistrano
Matter: Litigation involving CoralProperties
O.C.S.C. Case No. 659387
Partners $200/hour
Associates $120-190/hour
Paralegals/Law Clerks $ 75/hour
Legal Assistants $ 25/hour
B. Standard Charges
We charge for our time in minimum units of .05 hours.
C. Costs and expenses
In-office photocopying 20 cents/page
Mileage 22 cents/mile
Computerized legal research actual cost charged by Mead Data Central
(plus attorney time)
Word processing $25/hour
Clerical staff overtime will be charged at 1.5 times the base hourly rate or
at the rates required by applicable law, whichever is greater. The base
hourly rates for clerical personnel presently range between $15.00 and
$16.25.
D. Subject to change
The rates on this schedule are subject to change on 30 days written notice.
If you decline to pay any increased rates, we will have the right to withdraw as your
lawyers.
5 -