HomeMy WebLinkAboutCAG2022-325 - Original - Arete Law Group, PLLC - Employment Advice & Negotiations RE: Employment Matter - 01/20/2022ApprovalOriginator:Department:
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ARETE LAW GROUP
Denise L. Ashbaugh
dashba ugh@aretelaw.com
Direct: (206) 428-3252
1218 ThirdAvenue
Suite 2100
Seattle, WA 98101
Office: (206) 428-3250
January 19,2022
VIA EMAIL ONLY
Mr. Arthur "Pat" Fitzpatrick
City of Kent
Office of the City Attomey
220 Fourth Avenue South
Kent, Washington 98032
pfitzpaffick@kentwa.gov
Re: Employment Advice andNegotiations regarding the Employment of Derek Kammerzell
Dear Mr. Fitzpatrick:
Thank you for retaining Arete Law Group PLLC to represent the City of Kent ("the Client") in the
above-listed matter. We look forward to working with you.
This letter establishes the terms of our engagement as legal counsel. If you have any questions or
concerns regarding this letter, please contact me to discuss them.
Our firm will use its best efforts in representing the Client in this matter. In exchange for our
services, the Client agrees to pay us for time expended on the case and for any costs we advance on its
behalf.
Please be advised that the attorney-client relationship is between Arete Law Group and the Client,
and Arete Law Group does not represent the Client's employees in their individual capacity.
The Scone of the Representation
As we have discussed, the scope of our Client representation will include employnent advice and
representation in negotiations of the employment of Derek Kammerzell. Should the Client or Arete Law
Group desire to modifu the scope of work to be performed, each will execute an amendment to this
engagement letter.
Conflicts of Interest
The Washington State Bar Association and the Rules of Professional Conduct require that we check
for conflicts of interest based upon information you provide. At this time Arete Law Group has identified
no present conflicts of interest. Because circumstances change, we all must be continually alert to any
developing conflicts. Please call us immediately once you recognize a conflict or potential conflict.
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Work Assienments
Although you will be our initial Client contact, we may also work with other Client members or
representatives, if appropriate. If you prefer that we only communicate or report to particular people, please
advise in writing. Absent that, we will assume that you are authorized to direct us and that you will
disseminate our advice to all appropriate Client levels.
Fees
We determine our fees by multiplying the number of hours worked on your behalf by the hourly
rates of the attorneys, paralegals and/or legal assistants who provide services to you. I will be the attorney
in our office primarily responsible for your case. My rate for this matter is $375 per hour. Whenever
reasonable economies can be achieved, and consistent with effective representation, we will use clerks and
paralegals, whose hourly rates are lower than attorneys, to reduce your costs and expenses. As with other
such expenses, our fees may increase during the course of this engagement.
Our clients sometimes request estimates of anticipated fees for a particular matter. The estimates
we render are not a guarantee of the maximum fee, and events often occur which substantially alter our
predictions. Actual fees may exceed any estimates given.
Costs
Costs advanced consist of all out-of-pocket expenditures we will make on your behalf, such as
payment of filing fees, deposition costs, messenger seryices, travel expenses, and the like. By engaging
Arete Law Group you agree that, except to the extent otherwise agreed to in writing, we will function as
your agent and will have authority to incur such costs as deemed by us to be necessary in rendering services
to you. These costs are incurred on your behalf and you are responsible for their payment. We do not charge
for incidental copying (such as file copies and copies for office use). When it is necessary to do larger
copying projects (normally more than fifty or so copies) we will either send the project to an outside copying
company (and charge you the actual invoice cost) or do the copying in our office at our actual cost. All
costs will be itemized by category in each invoice. We do not assess any handling charges or mark-ups on
costs advanced.
Deposits
At this time, we will not require an advance fee/cost deposit from the Clinet. If we anticipate that
significant costs likely will be incurred at some stage of the proceedings, we may ask you eitherto advance
the costs to us (for direct payment made by us to third parties) or to pay the costs directly (upon prior
approval made by us of third-party invoices). In addition, should this matter proceed to trial, we reserve the
right to require an additional advance fee deposit ("Trial Retainer") as a condition of representation. We
will discuss these situations with you if they arise.
As a general practice, and consistent with our ethical and fiscal responsibilities, we will deposit any
retainers, advance fees, and other client funds of the modest amounts or that we hold only for short periods
of time, in a pooled interest-bearing trust account called an IOLTA account, a statewide procedure approved
by the Supreme Court of Washington. The interest accruing in it, net of transaction costs, is paid to the
Legal Foundation of Washington as established by the Supreme Court. The interest is not taxable to clients;
rather the Legal Foundation uses it to assist in providing lawyers to persons who cannot afford them. Unless
you request otherwise, we will deposit any such deposits into the IOLTA account. However, if you request
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so in writing, we will establish a separate trust account for your funds. If we do, the interest earned, net of
the financial institution's charges, will be deposited in the account and taxable to you.
Invoices
We will invoice you monthly for services rendered and costs advanced on your behalf. If you have
questions or concerns about an invoice, please bring them to my attention within 30 days of the date of the
invoice. If you have not raised a question within that time period, we will assume that you have no questions
regarding our statement and that you acknowledge the amount to be correct and owing. Monies are due and
payable within 30 days of the date of the invoice. We may withdraw from the representation, after
reasonable notice, if invoices are not paid when due.
Arete Law Group accepts check and ACH payments. To set up an ACH payment, please contact
Arete Law Group directly. Payment will be for professional services provided by Arete Law Group and
related expenses as detailed on said invoice.
Arete Law Group offers electronic invoicing. If you prefer to receive invoices via email, please
initial the box below and provide the email address where invoices will be sent. You may change this
election at any time if you later prefer to receive invoices by traditional U.S. mail, by notiffing Arete Law
Group at aharris@aretelaw.com.
R I prefer to receive invoices via email. Please deliver invoices to the following email address:
I prefer to receive invoices via standard U.S. mail. Please send to the following address:
Name:
Address l:
Address 2:
City, State, Zip Code:
No Guarantee of Outcome
We do not and cannot guarantee the outcome of any matter. We may express our opinions and
views concerning claims, defenses and strategy, and potential anticipated results we may expect. Any such
statement is intended solely to be an expression of opinions, views and beliefs, based on information
available at the time, and is not and should not be construed as a guarantee of any kind.
Arbitration
As a material part of our agreement the Client and Arete Law Group agree that in the event any
dispute arise between us as to unpaid billings for fees and costs or any other matter relating to our
representation ofyou, such dispute shall be resolved by arbitration. Arbitration shall be by one arbitrator if
agreement as to that arbitrator is reached within twenty days of the date of service of a notice of intent to
arbitrate. In the absence of an agreement as to one arbitrator, you shall select an arbitrator, and we shall
select an arbitrator within forty days from the date of service of any notice of intent to arbitrate, and the two
arbitrators shall select a third arbitrator within twenty days from the date the last arbitrator is selected. The
decision of any two of the three arbiffators shall be binding upon all parties. The arbitration shall be subject
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to the rules of arbitration set forth in Chapter 7.04A of the Revised Code of Washington. The arbitrators'
fees and other adminisfiation fees, is any, shall be bome equally by the parties. Naturally, we do not expect
that any of the provisions of this paragraph will have to be applied to you and look forward to a whblly
amicable relationship.
Information
You understand that the accuracy and completeness of any document or presentation prepared by
us is dependent upon.the accuracy of information submitted by you to us. To that end, you agree to review
all such information for its accuracy and completeness prior to supplying it to us. You fi,rther represent that
any material, information, reports, and financial statements, whether rendered orally or in writing, furnished
to us by you will be accurate, and that we may rely upon the truth and accuracy of such information.
Insurance Coverage
With respect to any legal dispute, there may be insurance coverage available to cover all or a portion
of your legal expenses and/or any judgment against you. Our scope of representation does not include
determining whether insurance coverage applies in any way to the matters in which we are providing you
representation. Nor does our scope of representation include advising you about your rights under any
insurance policy. We encourage you to investigate potential insurance coverage and to contact your
insurance company or insurance broker to determine if there may be coverage available. Should you
determine that such insurance coverage is available to you, please inform us at your earliest convenience.
Please be aware that obtaining coverage may depend on prompt notification to the insurance company, so
it is important that you not delay your investigafion of any potential insurance coverage.
Document Retention Policy
At the conclusion of our services on the matter to which this Engagement Agreement is applicable,
we will return your file. Prior to returning your file to you, we will review your file and identif the key
documents that we believe shouldbe retainedby us as duplicate copies. We will store these duplicate copies
for a period of three years after we return the file to you and will then destroy these duplicate copies. All
documents that we elect not to keep duplicate copies of will be returned to you. You are responsible for
maintaining the file that we return to you if you elect to not have us destroy the file. You may request in
writing that we destroy the file rather than return it to you.
Termination of the Attorney-Client Relationshin
Both you and Arete Law Group have the right at any time to terminate the attorney-client
relationship. If you decided to terminate the relationship you must notifr us immediately of yow decision
in writing.
If we determine that we are no longer able to represent you, we must abide by the Rules of
Professional Conduct, which apply to all attorneys in Washington. Circumstances covered by the Rules of
Professional Conduct regarding withdrawal from representation include but are not limited to
misrepresentation or failure by the client to fully inform the attorney regarding material facts, conduct by
the client that is inconsistent with the attorney's advice, failure by the client to pay fees and/or costs, and a
conflict of interest. If we believe a situation is developing that might require us to withdraw as your
attorneys, we will make every effort to identi$ the situation and discuss it with you before making any
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decision. If we decide to withdraw, we will immediately give you written notice to that effect. In the event
of a termination you remain responsible for payment of any legal services or costs incurred to the date of
the termination. If you decided to terminate our attorney-client relationship, you will also be responsible
for service and costs necessary in concluding or transferring the matter on which we have been working for
you.
If you have any questions, please let me know. If the foregoing terms and conditions are
satisfactory, please indicate your agreement by signing and returning a copy of this letter to me.
Again, we appreciate your having retained our firm in this matter. We look forward to working
with you.
Sincerely,
/s/ Denise L. Ashbaugh
Denise L. Ashbaugh
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