HomeMy Public PortalAboutMartin E. Boyle v. Town of Gulf Stream Case 502019CA006817XXXXMBAJWEISS SEROTA
HELFMAN COLE + BIERMAN
MATTHEW H. MANDEL, PARTNER
CHAIR, LITIGATION DIVISION
mmandel@wsh-law.com
September 28, 2020
Via Email [tnazzaro@gulf-stream.orgl
Trey Nazzaro, Staff Attorney
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Re: Martin E. O'Boyle, et al. v. Town of Gulf Stream
Case No.: 502019CA006817X3XCX MB AJ
Dear Mr. Nazzaro:
We are pleased that you wish to engage our Firm to perform legal services for the Town
of Gulf Stream, Florida (the "Town") in the above -referenced matter. 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 you, 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
you will make payment.
1. Nature of Legal Services. You have engaged us to serve as an expert on
attorneys' fees being sought by Plaintiffs in the above -referenced lawsuit.
2. Fees for Services. Matt Mandel will have primary responsibility for this matter,
although other attorneys may work on it as well. The Town will be charged and agree to pay
for our services at the rate of $350 per hour for work performed by Matt Mandel, and rates at
or below that amount for work performed by other attorneys, together with applicable taxes,
if any. It is our practice to charge for actual time expended on your behalf, but not less than
2/l0ths of an hour for each activity.
All of our rates are reviewed and may increase on October 1 of each year.
MIAMI I FT. LAUDERDALE 1 BOCA RATON 1 TAMPA 1 WSH-LAW.COM
Trey Nazzaro, Staff Attorney
Town of Gulf Stream
September 28, 2020
Page 2
3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that
certain expenses may be incurred and advanced on your behalf. These expenses may
include filing fees, recording costs, out-of-town travel expenses, delivery charges, long
distance telephone charges, photocopies (Xerox), special postage (express mail, certified
mail and the like), computer research charges, court reporter expenses (including cost of
transcript and court reporter's fee for attendance), court costs (such as filing fees, service of
process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.),
accounting and appraisal fees, fees and expenses of experts necessary to assist in the
preparation and hearing of your case, investigation costs, word processing fees, computer
charges and applicable lobbyist registration fees. In the event unusually large costs or
advances are anticipated, we reserve the right to require an additional cost deposit from
you prior to undertaking the expenditures of funds on your behalf.
4. Payment of Fees and Costs. Our invoices will be submitted to you 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. You 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 unpaid fees and costs, you understand that you will be
required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees
and costs due us. You further understand 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. You also agree to the imposition of a charging lien for any monies due us on
all real and personal property that is preserved, protected or obtained as a result of the
representation undertaken herein. Interest at 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 you if you have misrepresented or failed to disclose material facts to us, or if we
disagree about the course of action which should be pursued.
6. Advanced Fees and Costs Deposit. In order to retain the services of this Firm,
you will not be required to pay a retainer.
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."
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Trey Nazzaro, Staff Attorney
Town of Gulf Stream
September 28, 2020
Page 3
Please be advised that from time to time we are called upon by clients to represent
them as to requests for various approvals and as to other matters with respect to your Town.
You recognize and acknowledge that by signing this letter, you will be deemed to have waived
any potential conflict of interest in our representation of those clients, and so long as such
representation is not in an adversarial position to the Town.
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 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 delivering it to us,
together with payment of the retainer and/or cost deposit set forth above, if any.
We appreciate your confidence in our Firm and we 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 contact me. 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.
AGREED AND ACCEPTED on
By:
Matthew H. Mandel
, 2020.
TOWN OF GULF STREAM, FLORIDA
Title: ` a/Li )M 4A. A717 -----L------
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