O-1982-1329 - Laserfiche WebLink

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. . . .f . . Honorable Mayor and City Council of the City of La Porte Page Two June 1, 1982 , e 2. Compensation for Services Rendered. This firm charges fees for legal services in accordance with the applicable factors set out and DR2-106, Rules of Disciplinary Conduct of the legal profession, a copy of which is attached. Factors (1), (4), and (7) will have chief weight in this case. Factor (2) is remote and Factor (3) is, generally, not ascertainable or inapplicable because few law firms engage in the practice of charging fixed amounts f or particular services. Factor (5) does not appear to have any weight at this time. We have represented the City on one prior occasion several years ago, but the City is not a constant client within the scope of Factor (6). This is not a contingent fee proposal and therefore Factor (8) is inapplicable. . . . Factor (1) involves the concept of chargeable time which has been defined by the State Bar of Texas as the amount of time which :would be spent in the performance of the legal service by a lawyer who possesses neither more nor less than reasonable competence. The time actually spent by the lawyer may be more or less than or the same as chargeable time, since the concept takes into account the degree of experience and special expertise which one lawyer may possess over another lawyer of average competence in a particular specialized field. The concept also involves billing the client proportionately less than the actual time involved if the firm does not specialize in a certain field. It is obvious that Factor (7) will be considered closely in connection with Factor (1). Charges at actual time rates for purposes of interim billing ranging from $180.00 per hour for partners ($200.00 after January 30, 1982), down to $65.00 per hour for newly licensed associates will be used. These rates will be adjusted depending on inflation, but the City will be given notice of any increase in the hourly rates if, as and when implemented. In the following paragraph, a fee retainer is discussed. When it is exhausted, billings will be issued for time expended at actual time rates only and chargeable time, if any, will be taken into account in any final billing. All fees and reimburseable cost and expenses payable to the firm are payable at the firm's offices in Houston, Harris County, Texas. 3. Retainer For, Services. A retainer of $12,500.00 cash payable to "Sears and Burns" for services already performed and to be performed under this Agreement should be paid to us if and when this proposal is accepted. This retainer will remain the property of the firm irrespective of the outcome of the representation. . 4. Costs and Expenses - Reimburs,ement. From time to time, the firm will incur court costs and legal expenses on the client's behalf associated with the case. The City agrees to pay the firm at its offices in Houston, Harris County, Texas, all such costs and legal expenses made on the City's behalf. To defray initial expenses, the sum of $500 payable to "Sears and Burns Trust Account" should be forwarded with the separate retainer. This Trust Account will be maintained in a separate bank account from the firm's account and used solely to defray the described costs and expenses. Whenever the balance of the cost deposit drops below $100, we will request the City to replenish the Trust Account by an additional amount to build it up again. An accounting of this Trust Account will be furnished from time to time, and will be furnished upon the City's request at any time. 5. Miscellaneous Matters. In many instances, we are able to furnish a "guesstimate" of the range in which a final fee may fall with the caution that the range is simply a guess and not a fixed estimate. Because of the numerous parties or potential parties to this dispute, it is not even feasible to furnish a guesstimate. It is obvious that a maximum or absolutely fixed fee cannot be set in advance of the representation unless the firm takes into account every possible difficulty -- possible, not just probable -- in quoting a figure. No lawyer can prophesy the course of any litigation and, particular, complex litigation.