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HomeMy Public PortalAbout37LAW OFFICES JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION I DAMIAN H. ALBERT. PA. W. HAMPTON JOHNSON IV SCOTT D. ALEXANDER, PA 2455 EAST SUNRISE BOULEVARD J. MARCOS MARTINEZ MICHAEL T. BURKE • SUITE 1000 ROBERT E. MURDOCH MELISSA BUTTON FORT LAUDERDALE, FL 33304 HUDSON GILL, MICHAEL R. PIPER' DAVID M. PA L JEFFREY L HOCHMAN, PA MA CHRISTOPHER L SMTTH HER L SMITH E.BRUCEJOHNSON' (954)4630708 BMWKd CHRISTOPHER J. SIEARNS. PA. (305)945-20W Dada (561)640.7446 WPB A4]rdfA TELECOPIER (954) 463-2444 RONALD P. ANSELMO •ao.uncuntrw cnrz reset "117MBURL F. GEORGE March 19, 2015 Mayor Scott Morgan 1315 Neptune Drive Boynton Beach, FL 33426 Re: O'Boyle and Asset Enhancement v. Gulf Stream, et al. Our File: 02015/35111 Case No. 2015 -CA -001737 (AJ) Dear Mayor Morgan: The Town of Gulf Stream has engaged my law firm to represent your interests in the above - referenced matter. Enclosed are twoidentical copies ofthe Statement ofinsured Client's Rights. The Statements are being provided to you in accordance with Rule 4-1.86) of the Rules of Professional Conduct adopted by the Florida Bar. This information is intended to assist you in understanding your basic legal rights and the ongoing relationship between my law firm, the Town of Gulf Stream, and you in this matter. I would ask that you please review the enclosures carefully. Once you have completed your review, please sign the line designated as "Client's Signature" on the bottom of page 2 on both copies, keep one copy for your records, and return the duplicate cony Iq my office in the stamped, self-addressed envelope provided. If you have any questions about the enclosures, or about this matter in general, please call me. Very truly yours, U� 14,ohtp Jeffre Hochman For the Firm JLH/kme Enclosures cc: William Thrasher w/ encls. ft.. STATEMENT OF INSURED CLIENT'S RIGHTS An insurance company has selected a lawyer to defend a lawsuit or claim against you. This Statement of Insured Client's Rights is being given to you to assure that you are aware of your rights regarding your legal representation. This disclosure statement highlights many, but not all, of your rights when your legal representation is being provided by the insurance company. I. Your Lawyer. If you have questions concerning the selection of the lawyer by the insurance company, you should discuss the matter with the insurance company and the lawyer. As a client, you have the right to know about the lawyer's education, training, and experience. If you ask, the lawyer should tell you specifically about the lawyer's actual experience dealing with cases similar to yours and give you this information in writing, if you request it. Your lawyer is responsible for keeping you reasonably informed regarding the case and promptly complying with your reasonable requests for information. You are entitled to be informed of the final disposition of your case within a reasonable time. 2. Fees and Costs. Usually the insurance company pays all of the fees and costs of defending the claim. If you are responsible for directly paying the lawyer for any fees or costs, your lawyer must promptly inform you of that. 3. Directing the Lawyer. If your policy, like most insurance policies, provides for the insurance company to control the defense of the lawsuit, the lawyer will be taking instructions from the insurance company. Under such policies, the lawyer cannot act solely on your instructions, and at the same time, cannot act contrary to your interests. Your preferences should be communicated to the lawyer. 4. Litigation Guidelines. Many insurance companies establish guidelines governing how lawyers are to proceed in defending a claim. Sometimes those guidelines affect the range of actions the lawyer can take and may require authorization ofthe insurance company before certain actions are undertaken. You are entitled to know the guidelines affecting the extent and level of legal services being provided to you. Upon request the lawyer or the insurance company should either -explain the guidelines to you or provide you with a copy. If the lawyer is denied authorization to provide a service or undertake an action the lawyer believes necessary to your defense, you are entitled to be informed that the insurance company has declined authorization for the service or action. 5. Confidentiality. Lawyers have a general duty to keep secret the confidential information a client provides, subject to limited exceptions. However, the lawyer chosen to represent you also may have a duty to share with the insurance company information relating to the defense or settlement of the claim. If the lawyer learns of information indicating that the insurance company is not obligated under the policy to cover the claim or provide a defense, the lawyer's duty is to maintain that information in confidence. If the lawyer cannot do so, the lawyer may be required to withdraw from the representation without disclosing to the insurance company the nature of the conflict of interest which has arisen. Whenever a waiver of the lawyer - client confidentiality privilege is needed, your lawyer has a duty to consult with you and obtain your informed consent. Some insurance companies retain auditing companies to review the billings and files of the lawyers they hire to represent policyholders. If the lawyer believes a bill review or other action releases information in a manner that is contrary to your interests the lawyer should advise you regarding the matter. 6. Conflicts oflnterest. Most insurance companies state that the insurance company will provide a lawyer to represent your interests as well as those of the insurance company. The lawyer is responsible for identifying conflicts of interest and advising you of them. If anytime you believe the lawyer provided by the insurance company cannot fairly represent you because of conflicts of interest between you and the company (such as whether there is insurance coverage for the claim against you), you should discuss this with the lawyer and explain why you believe there is a conflict. If an actual conflict of interest arises that cannot be resolved, the insurance company may be required to provide you with another lawyer. 7. Settlement. Many policies state that the insurance company alone may make a final decision regarding settlement of a claim, but under some policies your agreement is required. If you want to object to or encourage a settlement within policy limits, you should discuss your concerns with your lawyer to learn your rights and possible consequences. No settlement of the case requiring you to pay money in excess of your policy limits can be reached without your agreement, following full disclosure. 8. Your Risk. If you lose the case, there might be a judgment entered against you for more than the amount of your insurance, and you might have to pay it. Your lawyer has a duty to advise you about this risk and other reasonably foreseeable adverse results. 9. Hiring Your Own Lawyer. The lawyer provided by the insurance company is representing you only to defend the lawsuit. If you desire to pursue a claim against the other side, or desire legal services not directly related to the defense of the lawsuit against you, you will need to make your own arrangements with this or another lawyer. You also may hire another lawyer, atyour own expense, to monitor the defense being provided by the insurance company. If there is a reasonable risk that the claim made against you exceeds the amount of coverage under your policy, you should consider consulting another lawyer. 10. Reporting Violations. If at any time you believe that your lawyer has acted in violation of your rights, you have the right to report the matter to The Florida Bar, the agency that oversees the practice and behavior of all lawyers in Florida. For information on how to reach The Florida Bar call (850) 561-5839 or you may access the Bar at www.FlaBar.org. IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS, PLEASE ASK FOR AN EXPLANATION. I, Scott Morgan, hereby acknowledge receipt and review ofthis Statement of Insured Client's Rights. Scott Morgan Date CERTIFICATE OF SERVICE I HEREBY CERTIFY that this Statement of Insured Client's Rights has been fumished to to Scott Morgan, 1315 Neptune Drive, Boynton Beach, FL 33426 by U.S. Mail this If day of March, 2015. JEFPRFiY,)L. HOMMAN Florida Bar No. 902098 -2- Transmission Report Date/Time 03-19-2015 12:37:38 p.m. Transmit Header Text Local ID 1 5617370188 Local Name 1 Total Panes Scanned:3 This document: Confirmed (reduced sample and details below) Document size : 8.5"x11 " Fax Town of Gulf Stream Transmission Letter IFAXCover Shed To: Attorney Jeff Hochman Phone: ( ) Fax: (954) 463-2444 (Date: 3/19/15 Number of pages including cover sheet: 3 1 From: Willimn Thrasher Total Paries rnnflrmod • 9 Phone: (561) 276-5116 Fax: (561) 737-0188 No. IJob I Remote Station Start Time Duration Pages Line Mode Job Type Results 001 1551 19544632444 12:35:57 p.m. 03-19-2015 00:00:56 3/3 ll JEC IHS CP19200 Abbreviations: HS: Host send PL: Polled local HR: Host receive PR: Polled remote WS: Waiting send MS: Mailbox save MP: Mailbox print CP: Completed TS: Terminated by system RP: Report FA: Fall G3: Group FF: Fax Forward TU: Terminated by user EC: Error Correct LAW OFFICES March 18, 2015 William Thrasher VIA EMAIL Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Boyle and Asset Enhancement v. Gulf Stream, et al. Our File: 02015/35111 Case No. 2015 -CA -001737 (AJ) Dear Mr. Thrasher: Thank you for speaking with mein connection with the above -referenced matter. I have enclosed my firm's proposed Engagement Agreement which outlines the terms of the legal representation to be provided to Scott Morgan and the Town of Gulf Stream in this matter. I have also enclosed a Waiver of Conflict Agreement to be reviewed and signed as a pre -condition to Scott Morgan and the Town of Gulf Stream entering into the Engagement Agreement. Please note that I will be requesting that John C. Randolph and Joanne O'Connor both execute the Waiver of Conflict Agreement so that all four of the parties are clearly advised about the joint representation, the potential for conflicts of interest, and their options prior to any affirmative agreement to waive potential conflicts of interest. If you have any questions about the enclosures, please call me. Very truly yours, Je ey , ochman For the i JLH/kme Enclosures • JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. , A PROFESSIONAL ASSOCIATION DAMIAN H. ALBERT, PA I W. HAMPTON JOHNSON, IV SCOTT D. ALE%ANOER, PA 2455 EAST SUNRISE BOULEVARD J. MARCOS MARTINEZ MICHAELT. BURKE•t SURE' FORT LAUDERDALE, FL 33704 ROBERT E. MURDOCH MELISSA BURTON MICHAEL R. PIPER • HUDSON C. GILL GILL DAVID M. SCHWEIGER, PA. JEFFREY N,PA CHRISTOPHER L SMITH E.BRUICEJOHNSON' (954)4674HOD Bn rd CHRISTOPHER J. STEARNS, PA t305))945-2OW Dade (561)640-7448 WPB •ev4an cMnnmrnuTuuurrus TFlECOP1Eft (954) 453-2444 2ggq . RONALD LF.EANBELMO BURL F. GEORGE March 18, 2015 William Thrasher VIA EMAIL Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: O'Boyle and Asset Enhancement v. Gulf Stream, et al. Our File: 02015/35111 Case No. 2015 -CA -001737 (AJ) Dear Mr. Thrasher: Thank you for speaking with mein connection with the above -referenced matter. I have enclosed my firm's proposed Engagement Agreement which outlines the terms of the legal representation to be provided to Scott Morgan and the Town of Gulf Stream in this matter. I have also enclosed a Waiver of Conflict Agreement to be reviewed and signed as a pre -condition to Scott Morgan and the Town of Gulf Stream entering into the Engagement Agreement. Please note that I will be requesting that John C. Randolph and Joanne O'Connor both execute the Waiver of Conflict Agreement so that all four of the parties are clearly advised about the joint representation, the potential for conflicts of interest, and their options prior to any affirmative agreement to waive potential conflicts of interest. If you have any questions about the enclosures, please call me. Very truly yours, Je ey , ochman For the i JLH/kme Enclosures I ENGAGEMENT AGREEMENT The Town of Gulf Stream and Scott Morgan (hereinafter referred to singularly and collectively and as "Client" or "you" ), hereby engages, retains, and employs JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff, and other professionals (the "Firm"), to provide legal representation with respect to the litigation captioned, O'Boyle et al. v. Town of Gulf Stream, et al, currently pending in the Circuit Court for 15th Judicial Circuit in and for Palm Beach County Florida, Case No. 2015 CA 1737 (AJ) on the following terms: 1. FEES: The Firm is employed in this case on an hourly basis. No maximum fee has been quoted, and no guarantee of results has been or will be made. All of the Firm's expressions relative to this case are only opinions. Our fee is based on the amount of time we devote to your case. It is impossible to determine in advance how much time will be needed. The amount of time spent on your case reflects all services provided by our attorneys and paralegals, including, without limitation, conferences, telephone calls, document drafting, correspondence, motions, briefs, oral arguments, negotiations, analysis, legal research, court time, and travel to and from locations away from our offices. Any figures we quote to you for the total charge for our services are merely estimates. Your adversary, the opposing attorneys, or others, may engage in activities beyond our control that require time that was not originally contemplated. 2. RATES: You will be billed for the time expended on your case at the rate of $250.00 per hour forthe Firm's attorneys and $100.00 per hour for the Firm's paralegals. This rate schedule may be adjusted from time to time and, if adjusted, will affect the hourly rates of the attorneys and paralegals working on this matter. As a courtesy, the Firm's initial retainer in the amount of $7,500 has been waived for this case. 3. BILLS: You will be billed on a monthly basis for the fees and costs incurred in this case. Full payment of each monthly bill is due within 30 days of the date the bill is issued. 4. COSTS: We may advance costs on your behalf in such amounts as we determine are necessary to represent you. Such advances of costs will be for expenses, including, without limitation, long-distance telephone calls, fax transmissions, postage, photocopies, document imaging, computerized research, out-of- town travel expenses (including all meals, travel, and out-of-town lodging), deposition expenses (including costs of transcripts and court reporters' fees for attendance), court costs (such as filing fees, service of process, subpoena costs, witness fees, etc.), fees for accountants, appraisers, actuaries, investigators, economists, other attorneys, and other experts and professionals that we deem necessary to assist in the preparation and handling of your case. You are responsible for paying all costs incurred on your behalf, including, without limitation, the fees of any experts or professionals engaged on your behalf. By this Retainer Agreement you appoint us as your agent to engage such experts and professionals on your behalf. M DATED this 19th day of March 2015. Scott Morgan Signature Town of Gulf Stream Signature William H. Thrasher Print name As: Town Manager Title of representative ENGAGEMENT AGREEMENT The Town ofGulfStream and Scott Morgan (hereinaflerreferred to singularly and collectively and as "Client" or"you"), herebyengages, retains, and employs JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff', and other professionals (the "Finn"), to provide legal representation with respect to the litigation captioned, O'Boyle et al. v. Town of Gulf Stream et al currently pending in the Circuit Court for 15thJudicial Circuit in and for -Palm Beach County Florida, Case No. 2015 CA 1737 (AJ) on the following terms: 1. FEES: The Firm is employed in this case on an hourly basis. No maximum fee has been quoted, and no guarantee of results has been or will be made. All of the Firm's expressions relative to this case are only opinions. Our fee is based on the amount of time we devote to your case. It is impossible to determine in advance how much time will be needed. The amount of time spent on your case reflects all services provided by our attorneys and paralegals, including, without limitation, conferences, telephone calls, document drafting, correspondence, motions, briefs, oral arguments, negotiations, analysis, legal research, court time, and travel to and from locations away from our offices. Any figures we quote to you for the total charge for our services are merely estimates. Your adversary, the opposing attorneys, or others, may engage in activities beyond our control that require time that was not originally contemplated. 2. RATES: You will be billed for the time expended on your case at the rete of 5250.00 per hour for the Firm's attomeys and S1 00.00 per hour for the Firm's paralegals. This rate schedule may be adjusted from time to time and, if adjusted, will affect the hourly rates of the attorneys and paralegals working on this matter. As a courtesy, the Firm's initial retainer in the amount of $7,500 has been waived for this case. 3. BILLS: You will be billed on a monthly basis for the fees and costs incurred in this case-Dt1] payment of each monthly bill is due within 30 days of the date the bill is issued. 4. COSTS: We may advance costs on your behalf in such amounts as we determine are necessary to represent you. Such advances of costs will be for expenses, including, without limitation, long-distance telephone calls, fax transmissions, postage, photocopies, document imaging, computerized research, out-of- town travel expenses (including all meals, travel, and out-of-town lodging), deposition expenses (including costs of transcripts and court reporters' fees for attendance), court costs (such as filing fees, service of process, subpoena costs, witness fees, etc.), fees for accountants, appraisers, actuaries, investigators, economists, other attorneys, and other experts and professionals that we deem necessary to assist in the preparation and handling of your case. You are responsible for paying all casts incurred on your behalf, including, without limitation, the fees of any experts or professionals engaged on your behalf. By this Retainer Agreement you appoint us as your agent to engage such experts and professionals on your behalf. DATED this IX day of March 2015. Town of Gulf Stream By: Signature Print name As: Title of representative . . 4 a WAIVER OF CONFLICT AGREEMENT The proposed clients, the Town of Gulf Stream and Scott Morgan ("Proposed Clients"), intend to enter into an Engagement Agreement with the law firm of JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff, and other professionals (the "Firm'), which Engagement Agreement contemplates the Firm providing joint legal representation to the Proposed Clients and also to other defending parties in the litigation captioned, O'Boyle et al. v. Town of Gulf Stream et al, currently pending in the Circuit Court for 15th Judicial Circuit in and for Palm Beach County Florida, Case No. 2015 CA 1737 (AJ) ("Litigation"). Prior to entering into the Engagement Agreement, the individuals and entities identified below -- (1) Town of Gulf Stream, (2) Scott Morgan, (3) John C. Randolph, and (4) Joanne O'Connor ("Joint Clients") -- have reviewed the Complaint filed in the Litigation, have evaluated the various claims, issues, and risks with the assistance of an independent attorney, and have determined that joint representation of Joint Clients by the Firm serves their best interests. To the extent that conflicts of interest may exist among the four Joint Clients, which conflicts of interest may be inconsistent withjoint representation by the Firm, each of the Joint Clients hereby waives each such conflict of interest, and hereby agrees to the Firm's engagement as counsel of record on behalf of each of the Joint Clients. in Scott Morgan Signature John C. Randolph To of Gulf Stream By:�� Signature William H. Thrasher Print name As: Town Manager By: By: Signature Title of representative Joanne O'Connor Signature WAIVER OF CONFLICT AGREEMENT The proposed clients, the Town of Gulf Stream and Scott Morgan ("Proposed Clients"), intend to enter into an Engagement Agreement with the law firm of JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff, and other professionals (the "Firm'j, which Engagement Agreement contemplates the Finn providing joint legal representation to the Proposed Clients and also to other defending parties in the litigation captioned, O'Boyle et al. v. Town of Gulf Stream et al, currently pending in the Circuit Court for 15th Judicial Circuit in and for Palm Beach County Florida, Case No. 2015 CA 1737 (AJ) ("Litigation"). Prior to entering into the Engagement Agreement, the individuals and entities identified below -- (1) Town of Gulf Stream, (2) Scott Morgan, (3) John C. Randolph, and (4) Joanne O'Connor ("Joint Clients")-- have reviewed the Complaint filed inthe Litigation, have evaluated the various claims, issues, and risks with the assistance of an independent attorney, and have determined that joint representation of Joint Clients by the Firm serves their best interests. To the extent that conflicts of interest may exist among the four Joint Clients, which conflicts of interest may be inconsistent with joint representation by the Firm, each of the Joint Clients hereby waives each such conflict of interest, and hereby agrees to the Firm's engagement as counsel of record on behalf of each of the Joint Clients, En Scott Morgan Town of Gulf Stream Signature By: Signature Print name As: Title of representative J ohn 'dol � Joa ne O o By: By: �� Si u WAIVER OF CONFLICT AGREEMENT The proposed clients, the Town of Gulf Stream and Scott Morgan ("Proposed Clients"), intend to enter into an Engagement Agreement with the law firm of JOHNSON, ANSELMO, MURDOCH BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff, and other professionals (the "Firm"), which Engagement Agreement contemplates the Firm providing joint legal representation to the Proposed Clients and also to other defending parties in the litigation captioned, O'Boyle et al. v. Town ofGulf Stream, et al, currently pending in the Circuit Court for l5th Judicial Circuit in and for Palm Beach County Florida, Case No. 2015 CA 1737 (Al) ("Litigation"). Prior to entering into the Engagement Agreement, the individuals and entities identified below -- (1) Town of Gulf Stream, (2) Scott Morgan, (3) John C. Randolph, and (4) Joanne O'Connor ("Joint Clients")--havereviewed the Complaint filed in the Litigation, have evaluated the various claims, issues, and risks with the assistance of an independent attorney, and have determined that joint representation of Joint Clients by the Firm serves their best interests. To the extent that conflicts of interest may exist among the four Joint Clients, which conflicts of interest may be inconsistent with joint representation by the Firm, each of the Joint Clients hereby waives each such conflict of interest, and hereby agrg -to. the Firm's engagement as counsel of record on behalf of each of the Joint Clients. - -, Scott Morgan By: By: ignatur By: John C. Randolph Signature M 51 Town of Gulf Stream Signature Print name Title of representative Joanne O'Connor Signature