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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." MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM 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------ MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM