HomeMy Public PortalAboutWeiss, Serota, Helfman, Pastoriza, Cole & Boniske- Ganger AgreementWEISS SEROTA HELFMAN
COLE & BIERMAN
AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
BRETT). SCHNEIDER, ESQ.
BSCHNEIDER@WSH-LAW.COM
December 22, 2017
VIA E-MAIL [gdunham(@gulf-stream.org)
Greg Dunham, Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Re: Retainer Agreement
Dear Mr. Dunham:
We are pleased that you have decided to engage this Firm to represent former
councilmember Robert Ganger in a deposition in the lawsuit titled
Stop dirtygovernment LLC v. Town of Gulf Steam. We apologize in advance for the
formality of this letter, but it is our Firm's policy to enter into a written retainer
agreement with new clients. From our experience, we have found that clients
appreciate a frank and open discussion and understanding of the services that we will
perform and the basis upon which they will be expected to pay for those services.
This letter is intended to set forth our understanding as to the nature and scope of the
legal services we have agreed to render for Gulf Stream, the amount of our fees for
those services, the manner in which our fees for those services shall be determined
and the terms upon which Gulf Stream will make payment.
1. Nature of Legal Services. You have engaged us to represent Robert
Ganger in a deposition in the above referenced lawsuit.
2. Fees for Services. With regard to the fees and costs incurred for our
services, you will be charged and agree to pay for our services on the basis of our
hourly rates. For this matter, the Firm has agreed to charge a discounted blended
hourly rate of $250.00 for all attorney time. It is our practice to charge for actual time
expended on your behalf, but not less than 2/10ths of an hour for each activity. All of
our rates are reviewed and may increase on October 1 of each year.
3. Costs. In addition to the attorneys' fees discussed in paragraph 2, certain
expenses, including photocopying charges, fax charges, postage, long distance
120o North Federal Hwy., Suite 312, Boca Raton, FL 33432 1954-763-4242 1 www.wsh-law.com
Greg Dunham, Town Manager
December 22, 2017
Page 2
telephone calls, computerized research charges, tolls, courier charges, express mail
charges, filing fees, recording costs, out-of-town travel expenses, court reporter costs
(including the costs of transcripts and court reporter's fee for attendance), court costs
(such as filing fees, service of process, subpoena costs, witness fees, etc.), mediator fees,
accounting and appraisal fees, expert fees and expenses, trial/hearing exhibit costs and
investigation costs (if any), will be itemized and billed to you.
4. moment of Fees and Costs. Our invoices will be submitted to Gulf
Stream on a monthly basis and each invoice will be due and payable when rendered.
You must understand that if any invoice remains unpaid for more than 30 days
after it is rendered, we reserve the right, in our discretion (subject to court
approval, if necessary), to cease to provide further legal services to you. Gulf Stream
will, however, be liable to us for the payment of any fees earned and any costs
incurred by us to that time, together with any applicable taxes. In the event we are
ultimately required to bring suit to collect any undisputed unpaid fees and costs,
you understand that Gulf Stream will be required to pay reasonable attorneys' fees
as well as legal interest on the amount of any fees and costs due us. Gulf Stream
further understands that we have the right to retain any and all files, papers and
other property coming into our possession in connection with our engagement
without any liability to you until we have been paid all costs, fees and interest due
us under this agreement. Interestat the rate of 12% per annum will be added to any
invoice which remains unpaid for more than 30 days after it is rendered.
5. Withdrawal from Representation. We reserve the right to withdraw
from representing Gulf Stream if it misrepresents or fails to disclose material facts
to us, or if we disagree about the course of action which should be pursued.
6. Disputes. Any dispute arising from this Agreement shall be resolved
through final and binding arbitration in Palm Beach County, Florida and the
Agreement shall be governed by Florida law.
7. Representation of Other Clients. We are bound by rules of legal ethics
not to represent any client if the representation of that client will be directly
adverse to the interests of another client unless each such client consents to such
representation after consultation. If this letter is addressed to more than one person,
your signature of this letter will constitute such consent from each of you with respect
to the matter or matters specifically described in the paragraph of this letter entitled
"Nature of Legal Services."
8. Fees for Other Services. In the event you ask us to render legal services
with respect to other matters, in the absence of a written agreement specifically
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COLE & BIERMAN
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Greg Dunham, Town Manager
December 22, 2017
Page 3
addressing that representation, the other matters will be handled on an hourly basis,
and fees and costs will be payable under the same terms and conditions as provided
for in paragraph 2 of this letter.
9. Commencement of Representation. If the foregoing is agreeable to you,
please acknowledge your understanding and agreement by signing this letter and
forwarding it back to me.
We appreciate your confidence in our Firm and assure you that we will make
every effort to perform our services in a prompt and efficient manner. If you have
any questions or comments concerning this engagement letter, please let me know.
Otherwise, please indicate your agreement with the foregoing by signing this
engagement letter and returning it to me.
Very truly yours,
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L.
Brett J. Schneider
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AGREED AND ACCEPTED on this 2 l tday of DeGa JanuarX , 0 7
Town of Gulf Stream
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