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Res 2006-117
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Res 2006-117
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Last modified
11/9/2006 11:45:10 AM
Creation date
10/23/2006 9:32:43 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-117
Date
8/2/2006
Volume Book
168
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<br />Mark: Taylor, Esq. <br />July 13, 2006 <br />Page 2 <br /> <br />4. Because of the detailed nature of our statements, our clients do not usually have any <br />questions about them. H~wever, if a question should arise, please call us promptly so <br />we can discuss the matter. Our hourly rates do not include any interest for late <br />payments. Because of this and the fact that we do not include a service charge for <br />late payments, we must insist that our clients pay their bills promptly. <br /> <br />5. By your execution of this engagement letter, you agree that we are relieved from the <br />responsibility of performing any further work should you fail to pay any statement <br />for fees and expenses (including bills for expenses received from third parties) or for <br />supplemental retainer deposits within fifteen (15) days of their receipt. In such event, <br />you agree that we may move to withdraw as your counsel and that you will promptly <br />execute any withdrawal motions to accomplish this. <br /> <br />6. By signing this engagement agreement, you indicate that you understand that this <br />firm may retain papers relating to this matter to secure payment of any amount you <br />owe us, to the extent permitted by law, but only if such retention will not prejudice <br />your interests in the subject matter of the representation <br /> <br />7. During our discussion about handling this matter, we may have provided you with <br />certain estimates of the fees and expenses that will be required at certain stages of <br />our representation. Such estimales are just that, and the fees and expenses required <br />are ultimately a function of many conditions over which we have little or no control, <br />particularly the extent to which other parties require our involvement on your behalf. <br />The reason we submit our clients' bills on a monthly basis is so they will have a <br />means of monitoring and controlling their expenses. If you believe the expenses are <br />mounting too rapidly, please contact us immediately. Ifwe do not hear from you, we <br />assume that you approve of the overall level of activity in this matter. <br /> <br />Nature of Litigation <br /> <br />8. The litigalion process can be long and drawn out. Court over-crowding, complicated <br />procedural mechanisms and the opposing parties' actions do not allow us to control <br />every aspect of the litigation. As mentioned above, these actions can drive up the <br />cost of the lawsuit. Also, litigation can take an emotional toll on the parties involved. <br />You need to understand that laws and other limitations exist which may prevent us <br />from obtaining the result you desire. You may not win the lawsuit and we cannot <br />make any guarantees concerning the outcome of the litigation. <br /> <br />9. Fw1her, even if your claim allows you to recover attorney's fees from the other side, <br />please keep in mind that you are responsible for paying all of this firm's fees in <br />accordance with this agreement. The court may not order the opposing party to <br />reimburse you for all of your attorney's fees, and the court may not order the <br />opposing party to pay any of your attorney's fees. You should not undertake this <br />litigation with the idea that you will be made whole and that you will recover your <br />attorney's fees from the opposing party. In fact, you should only undertake this <br />litigation assuming that you will not recover any attorney's fees or expenses from the <br />opposing party. <br /> <br />~- <br />
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