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
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Mode
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1551 19544632444
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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