HomeMy WebLinkAboutLW14-345 - Original - Curran Law Firm - Contract - 3/21/14 �' cords
KEN
Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Curran Law Firm
Vendor Number-
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: An intellectual property matter
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 3/21/14 Termination Date: Notice
Contract Renewal Notice (Days): n/a
Number of days required notice for termination or renewal or amendment
Contract Manager: Kim Komoto Department: Law
Contract Amount: Hourly Rate
Approval Authority: ® Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
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Oman Law Firm P.S.
555 West Srnhh Slreet
Post Dffica Bw 140
Kent, WA 0803n 071,0
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FEB AGREEMENT
EEMENT
The undersigned client retains CURRAN LAW FIRM P.S., (hereinafter, the "firm") to
provide legal services to the City of Kent (the "Client") for the purpose of an intellectual
property matter, on the following conditions, fees,and costs:
1. Fees. Fees for both attorneys and legal assistants shall be based on many
factors, including hourly rates for time expended for court appearances, conferences,
telephone calls, email, correspondence, travel, legal research,preparation of documents and
any other activities necessary for proper representation of the client. The hourly rates will
be at the rates being charged at the time the fees are incurred. These rates are periodically
reviewed and changed, The client understands and agrees that assignment of all or a portion
of the work on the client's case may be made to paralegals, legal assistants, legal interns or j
other attorneys in the firm, Although estimates of total fees may be rendered at the
commencement of or during representation, the client understands that the actual fees
incurred may exceed the estimates,
2. Costs. The client shall be billed for all necessary costs incurred, including but
not limited to: filing fees, process fees, deposition costs, court reporter fees, appraisal fees,
expert fees, etc. The client authorizes the firm to retain the services of any other attorney or
necessary professional (e.g. certified public accountant, real estate appraiser, psychological
evaluator,etc.)which the firm deems necessary for the preparation of the case,but only after
first consulting with client on such engagement,
3. Award of Attorneys Fees. It is possible that you may be awarded a judgment
for your attorney fees and costs. Such an award depends upon a showing of an appropriate
legal basis. Such fee awards and settlements are unpredictable. They are not always
collectable, In any event, it is the firm's policy that the client is solely responsible for the
firm's fees,regardless of any fee awards by the court against any other party.
4. Attorney Communication. We shall keep you informed as to the progress of
your case and send you copies of all important papers coming to and going from our office,
including significant correspondence,pleadings and other documents.
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CURRAN LAW FIRM PS,
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FEEAGREEMENT 1
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The confidentiality of email communications cannot be guaranteed. Please ensure
that you are not using an email account to which any third party has access. You may wish to
consider opening a new email account that you use only for legal correspondence. Please
check one of the following options:
X 1 authorize communication with me by email.
I do not authorize communication with me by email
Please mote that ifyou choose to include third parties in your consultations with your attorney;
you will waive the attorney-client Confidentiality for that visit.
Ernails sent and received through your employer's mail server are not confidential and are not
private, Your employer has access to those emails, and the other parry to your case can obtain
them during the court proceeding. For this reason, we STRONGLY discourage use ofyour work
email address for communication with this office,
5, Client Cooperation, The cooperation of the client is a very important factor.
Out' office must be informed immediately of any change of address, telephone number,
employment or other important change of circumstances. The client shall answer and return j
all papers sent for completion,such as interrogatories, requests for information, requests for
documents, etc., and shall cooperate frilly and promptly in the preparation and presentation
of the case.
6. Results. The client acknowledges being advised of the unpredictability of
court decisions. The client understands that despite the firm's best efforts, there is no
guarantee of the outcome of this matter,An opinion may be rendered as to the probability of
success or failure in this matter, but such opinion shall not be a guarantee of results, No
settlement will be agreed to without approval of the client,
7. Advance Fee Deposit, Client will provide an advance fee and cost deposit of
$NLA which will be deposited into a trust account and withdrawn as fees are incurred and
expenditures made. The firm reserves the right to require full or partial replenishment of the
advance fee deposit as the case progresses. Once the advance fee deposit has been depleted,
the client shall pay to the firm the outstanding balance on a monthly basis. Any unexpended
potion of the client's account balance remaining at the conclusion of the firm's
representation of the client will be refunded.
8. Monthly Statement, The client will be sent a monthly statement which is to
be paid in full monthly, Balances will be considered unpaid thirty (30) days after the date of
the bill. Unpaid balances shall bear Interest at the rate of 12% per annum after thirty (30)
days. in the event of any failure to pay fees or costs, the firm reserves the right to suspend
work on the case or withdraw as attorneys. All services are billed in increments of.1 hour,
the case o withdrew as at orneys. A l services are billed in increments of.1 hot r,
with a minimum billing of,2 per service rendered. Trust transfers will be made by the 1511,of
each month.
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CURRAN LAW FIRM P.S. I
FEE AGREEMENT 2
9. Trial Deposit. A trial deposit of not less than JW will be due 90 days before
trial. The trial retainer will be based on the undersigned attorney's estimate of the length of
the trial, the extent of pretrial preparation required, and the responsible attorney's hourly
rate then in effect. Failure to pay the trial deposit will result in a withdrawal by the firm as
attorney for Client.
10. Collection and Enforcement of Agreement. Should any suit 6e filed For
collection of a delinquent balance, it may be filed in any court of competent jurisdiction in
King County, Washington and the client submits to the jurisdiction and venue of that court
and agrees to the payment of actual attorney's fees and costs of collection, in addition to the
delinquent balance with interest. if a dispute arises to enforce any terms of this agreement,
the prevailing party may be awarded reasonable attorneys'fees and costs,
11. Assignment, Asa condition of representation by the firm, the client
authorizes the firth, with full power of substitution, to receive any proceeds to which the
client is entitled in matters in which the firm represents the client and to apply such
proceeds for sums due to the firm for fees,costs and disbursements.
12, Full Agreement. This document constitutes the entire fee and representation
agreement between the client and the firm. Any changes or modifications must be in writing
and mutually signed. The client and the attorney signing for the firm each acknowledge that
they have read and understood the terms of this agreement and agree to abide by its terms.
11 Current Hourly Rate. The attorney's current hourly rate is $175.00 and the
assistant's current hourly rate is $95.00, Other attorneys at the firm charge up to $275.00
per hour. Client understands that these rates are subject to change from time to time.
14. VISA and MasterCard Payments. At this time we are taking VISA and
MasterCard to pay your retainer or for payments on outstanding balances.
Curran Law Firm / City of Kent
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Kevin jussel
Title: No-
Date:
Signatur .
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Date:
CURRAN LAW FIRM P.S.
FEEAGREEMENT 3
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