HomeMy WebLinkAboutRes 08-22A WA Contract with Bracket Ellis Firm for Legal Services File No. 08-22/.%
Contract for General Legal Services and a General Services Memorandum with Brackett& Ellis for
Legal Services related to the Westlake Academy
November 10, 2008
BRAckETT & Rhs
A PROFESSIONAL CORPORATION
ATTORNEYS ANd COUNSE[ORS RONAfd L.AdAms HENRI1. DussAufr RUSSEffJ.NORMENT
n n AIN STREET A..WiffiAM BRAckETT LUTHER W. Ellis DANIEf O'BRIEN
HARRY M. BRANTS CARTER L. FERGUSON SCOT PIERCE
M
100
JANET S. BubERT RiChARd H.GATEIEy Tom B. RENfao
FORT WORTh, TX 76102.3090 BRUCE S.CAmpbElt CRAIG A.GIPSON ApRll F. RObbiNs
JDSEpfI F.CfEVELANd,JR. D.AIEXANd ER HARREU MIChAEf L. SCIiNEId ERMAN
J. HEATh CcAWAN CIAUdiNE C.JACkSON LYNN Rossi SCOTT
�817J 338'1700 ANdREA S.COTfREff TkEodORE MAck RIChARd U. SIMON,JR,
LAMES A.CREEP R. BRUCE MOON COby D.SMiTh
METRO (817) 429.9181 LAURA W. DoekER ELAINE S. MORRIS AIMEE L.STONE
KEuy M. DodsoN ThOMAs E. MYERS JAMES M.WhITTON
FACSIMI[E (817) 870.2265
JOSEpk A.DRACO
WEb SITE: WWW.bE[AW.COM
November 24, 2008
Ms. Kim Sutter Via U.S. Mail
Town Secretary
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
RE: Contract for General Legal Services
Dear Ms. Sutter:
Enclosed please find one original of the fully executed contract for General Legal Services
between Brackett& Ellis and Westlake Academy Charter School.
Thank you for giving us this opportunity to provide legal services to Westlake Academy
Charter School. Please feel free to call me at(817) 339-2464 or metro (817)429-9181 if you need
anything further regarding this matter.
ours very truly,
7g <7t�—
n
Rossi c tt
LRS:mal
Enclosure
cc: Mr. Tom Brymer
w
CONTRACT FOR GENERAL LEGAL SERVICES
This Contract is made and entered into by and between the Board of Aldermen of the
Town of Westlake, acting as the Board of Trustees of the Westlake Academy Charter School,
hereinafter called "Academy", and Brackett & Ellis, a Professional Corporation, by and through
its authorized representative,hereinafter called"Law Firm". The parties hereto agree as follows:
1. Employment. The Academy hereby employs the Law Firm for the provision of
general legal services for a continuous period until terminated by either party upon thirty days
prior written notice, subject to the attached memorandum regarding financial arrangements.
2. Legal Services. The Law Firm will provide on request of the Academy all
necessary legal services related to currently pending matters. The Law Firm shall perform these
services for the Academy unless the Law Firm has a conflict of interest in a legal matter or if
additional legal specialization not provided by the Law Firm is required for the performance of
the needed legal services. In such circumstances, the Law Firm shall advise the Academy and
assist the Academy in obtaining additional legal counsel for such matters.
3. Fees for Services. The Law Firm agrees to perform its legal services for the
following fees:
a. Hourly rate: The Law Firm shall provide all legal services at its "school
rate". Currently, the hourly school rate is $275 per hour for partners, $200 per hour for
associates, $95.00 for paralegals. The Law Firm will give the Academy at least thirty
days prior written notice of any increase in its school rate.
b. Litigation: The Law Firm shall prosecute or defend lawsuits, shall defend
special education due process hearings, and shall prosecute or defend appeals to the
Commissioner of Education involving the Academy at the same hourly rate as set forth
above.
C. Other expenses: The Academy will reimburse the Law Firm for the cost of
photocopies (currently 20¢ per page), long distance telephone calls, courier fees, mileage
(at the rates set by the IRS, currently 58.5¢ per mile), postage (including express or
certified mail charges), facsimile transmissions (currently 50¢ per page), filing fees, court
costs, discovery costs, mediation fees, title reports and investigations, and computerized
legal research.
4. Billing and Terms of Payment. Fees and expenses will be billed monthly, and
will provide separate detailed statements for each file opened. A summary statement will also be
included for administrative convenience. Fees shall be based on quarter hour increments.
LRScott Contract for Educ Legal Svcs 11-10-08
I
5. Contact Persons.
a. Persons authorized to request legal services on behalf of the Academy are:
The Board of Trustees, the Head of School,the Town Manager, and the Town Attorney
b, Primary contacts at the Law Firm shall be, Lynn Rossi Scott and Janet
Bubert. They may be assisted by partners Tom Myers and Jim 'Whitton, and by assigned
associates, as required for particular assignments.
In consideration of the terms and compensation herein stated, Law Firm hereby accepts
said employment and undertakes the performance of this Contract as above written.
WITNESS the signatures of all parties hereto on this day of ,
2008.
WESTLAKE ACADEMY CHARTER SCHOOL BRACKETT & ELLIS,
2600 Ottinger Road a Professional Corporation
Westlake,Texas 76262 100 Main Street
Fort Worth,Texas 76102
By: /
Thomas E. 4R=osLsiScott
CEO, Westlake A46demy
ATTEST:
B
y - -
Narr
Secretary, Board of Trustees
#!303574
2
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GENERAL ENGAGEMENT MEMORANDUM
Periodic Billings for Legal Services
Unless we have made other arrangements, it is our policy to render periodic statements
for legal services on a monthly basis. These are generally mailed toward the first of the month
following the latest date covered in the statement. We normally base these interim statements on
the hourly rate of lawyers and legal assistants working on the matter.
The Firm, of course, expects that its statements will be paid upon receipt.
Determining the Fee
The attorney
y y u have chosen within the Finn will be your primary lawyer. When
necessary, we will use more than one member of our professional and pars-professional staff to
work on your behalf. We believe this practice is more efficient in that it enables us to take
advantage of the wide variety of experience and training that exists in the Firm,while at the same
time reducing your costs.
We believe that the fees we charge are generally competitive with those charged by other
lawyers in our community for similar services. Our standard hourly rates vary from person to
person to reflect various factors, including specialization and experience. At the present time,
our standard hourly rates range from $150 per hour for a first-year associate to$325 per hour for
certain senior attorneys. The standard hourly rate for paralegals is $95. We adjust these rates
from time to time, and these rates increase as lawyers gain experience and expertise.
Because our fee usually relate to the amount of time spent on a matter and because it is
generally impossible to anticipate accurately when problems or opposition
matter, it is often impossible for us to estimate the precise amount of our fees lfor future services.
We arc, however, always willing to give you our best estimate and to keep you informed of costs
incurred to date as a matter progresses. Because of our inability to make precise estimates,
unless we specifically agree to a fixed fee by engagement letter, any quotations of fees by the
Finn are only estimates. We are always willing to discuss with you the basis on which a fee has
been determined or any other question you may have at any time about our statements.
Retainers
With new clients or with substantial new matters for existing clients, the Firm may
require what is known as a"retainer:" This retainer is in the nature of a deposit, held by the firm
for the protection of its investment of time and effort. The retainer may be reduced monthly for
the amount of services rendered and any disbursements made on your behalf. When the retainer
is consumed in that manner, our fees for services together with disbursements will be billed
monthly at the same hourly rates or you may be required to deposit an additional retainer.
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Client Disbursements
Most matters require, from time to time, certain advances to be made on your behalf by
the Firm. Some of these represent out-of-pocket charges we advance, others represent internal
costs called "client disbursements." These "client disbursements" include costs for long distance
telephone calls, postage, facsimile charges, copying charges, travel expenses, delivery charges,
computerized legal research, court and other filing fees, support staff overtime when necessary to
meet client demands, and other client-related expenses. It is understood that while acting as your
lawyers,we have the authority to use our best judgment in making such expenditures on your
behalf.
Unless we have made prior arrangements with you, we will send you monthly billings for
client disbursements incurred during the preceding billing period. If the nature of the matter is
such that we anticipate substantial advances, we will require a separate deposit for such purpose.
Also substantial individual items such as expert witness fees,the costs of deposition transcripts,
printing,costs, etc., may be billed directly to you by the vendor of such services.
Legal Assistants
Certain work will be done by legal assistants, sometimes called "paralegals." Such
persons, although not lawyers,have undergone substantial training to perform certain kinds of
services which would otherwise need to be performed by lawyers. All such work is supervised
by lawyers. The use of legal assistants allows us to deliver legal services to you at a lower cost.
Computer Assisted Research
In certain matters when lawyers must examine legal authorities to serve you, it will be
more economical to accomplish the task by using nationwide computer databases of legal
precedents, (instead of the traditional way of going to a law library and manually retrieving and
examining such material from books). In such instances, the special charges assessed by the
providers of these services are shown on client disbursement billings.
Withdrawal of Representation
In the event the firm determines, at any time,that we should withdraw from further
representation, we shall have the right to do so upon reasonable notice to you. Although such
occurrences are uncommon, there may be instances where withdrawal is appropriate, such as -
non-payment or late payment of fees or disbursements, disagreements in the manner in which the
matter should be handled, or other circumstances. If a termination of the attorney/client
relationship occurs,you agree to cooperate in filing any papers with the court to withdraw from
such representation.
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Retention of Documents
When a matter has been concluded, the Firm will retain for a reasonable time copies of
most documents generated by the Firm or received by the Firm during our representation of you.
Occasionally, closed files are destroyed to make efficient use of limited storage space. You will
be notified before the file is destroyed, by letter mailed to your last known address and will be
given the opportunity to obtain your file. You must retain all originals and copies which you
desire among your own files for future reference or provide us with specific instructions for
safekeeping and preservation of documents in our possession.
Confidentiality
I One final word about our representation; communications between an attorney and a
client are confidential communications as provided by Texas law. If the communications
between an attorney and a client are properly protected,then the communications can be kept
from third parties except in rare circumstances. Because of this statutory communications
privilege, it is extremely important that you exercise great care and caution about discussing or
communicating with anyone outside the Firm regarding the legal matters we handle for you.
Such discussion and communication could prejudice the effectiveness of our Firm's
representation and, in any case, can and probably will destroy the confidentiality of
communications between us, to the end that our attorney/client communications privilege cannot
I be enforced. Accordingly we caution you to be very guarded with respect to any discussions
about your legal matters outside this Firm.
We appreciate you selecting us as your legal counsel and look forward to a long and
cordial relationship.
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