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HomeMy WebLinkAboutMagnuson Engagement Letter KEVIN M. MAGNUSON, LLC 3047 KLONDIKE AVE. N., LAKE ELMO, MN 55042 April 28, 2016 Lake Elmo City Council c/o Ms. Kristina Handt City Administrator 3800 Laverne Ave. N. Lake Elmo, MN 55042 VIA EMAIL: khandt a,lakeelmo.org Re: Lake Elmo City Litigation Support and Resolution of Claims Dear Lake Elmo City Councilmembers: Thank you for selecting KEVIN M. MAGNUSON, LLC (the "Firm") to represent you in the above-referenced matter. I appreciate the opportunity to serve you. This letter and the enclosure describe the terms of our agreement. The Firm agrees to represent the City of Lake Elmo ("Lake Elmo" or "you") for the purpose of advising you regarding matters related to certain claims for damages you may have as defined in the enclosed Scope of Work and Standard Client Billing Policy (the "Policy"). This representation may include but is not limited to factual investigation, legal research, verbal or written advice or opinions related to procedural and substantive issues that have arisen or may arise involving past litigation or current claims for damages, mediation and direct or indirect communication with representatives of adverse parties consistent with the Scope of Work. The Firm does not represent you in any other matters, related or otherwise. You and the Firm unilaterally may terminate the Firm's representation at any time for any reason. You and the Firm also agree that Lake Elmo may seek to retain Magnuson and Kelley, Wolter& Scott, P.A. under a separate engagement to represent you in the above referenced matter for services included in or that exceed the Scope of Work. The Policy and the Scope of Work are incorporated as a part of the terms of our engagement. The Policy, Scope of Work and this letter comprise the Firm's entire legal services agreement with you. The hourly rate of Kevin Magnuson is $200 (the "Fee") for the Firm's services outlined in the Scope of Work. The Firm may increase the Fee from time to time with written notice to you. The Fee includes reasonable administrative costs such as photocopies,domestic telephone charges, etc. The Fee does not include courier charges, photocopies by a vendor, electronic legal research, Lake Elmo City Council Engagement Letter April 28, 2016 Page 2 travel,long-distance telephone charges or postage, filing fees or mediation charges. The Firm may bill you for all disbursements incurred on your behalf and may request that you pay certain disbursements directly. The Firm ordinarily will render an invoice as of the end of each calendar month with payment due within 30 days of billing. If you have any questions concerning the services,,this agreement or the Policy, please call me at any time. To confirm your acceptance of these terms, please sign the enclosed copy of this letter where indicated and return it to me. I look forward to serving as your counsel. Sincerely, XevinM. Magnuson' Kevin M. Magnuson, LLC Enclosure ACCEPTED AND AGREED: By Date: By Date: Scope of Work 1. Assist the City of Lake Elmo in exploring, evaluating and engaging in efforts to resolve certain legal claims for damages it may have as directed by the Lake Elmo City Council or its designee. This work may involve direct or indirect engagement of the potential defendant(s), including potential settlement discussions or mediation, and requires an understanding of: a. the merits of Lake Elmo's legal claims and the courses of action available to it, b. the cause and extent of the damage to Lake Elmo that can be linked to the conduct of the potential defendant(s) and the necessary remedies, c. relevant past interactions and discussions with the potential defendant(s) regarding possible resolution of the dispute between the parties, and d. the response of interested parties to potential legal action by Lake Elmo or attempts settle its claims. The scope of work may include reviewing documents, interviews with involved parties or experts and drafting memorandum or legal documents as directed by the Lake Elmo City Council or its designee. Counsel will use every effort not to duplicate work and proceed in the most efficient and cost effective manner possible, in part by maintaining close contact with Lake Elmo's other legal counsel, particularly Kennedy & Graven, who have reviewed much of the relevant material and can provide necessary documents or summaries of information avoiding unnecessary research. 2. Assist Kennedy & Graven in developing and implementing litigation strategy as needed and as directed by the Lake Elmo City Counsel. Kevin M. Magnuson, LLC Agreement for Legal Services—Client Billing Policy This Client Billing Policy, together with the engagement letter from Kevin M. Magnuson, L.L.C. (the "Finn"), contains the agreement ("Agreement") under which the Firm will provide legal services to you, as the client ("Client") named in that engagement letter. This Agreement describes the Finn's billing policies and practices and will be applicable to the matter referenced in the engagement letter unless otherwise agreed in writing. The Firm may periodically modify its general billing policies and practices; if this happens you will be notified in advance of the changes. Services. The Firm will provide you the legal on your behalf for additional services to be services described in the engagement letter and provided by a third party vendor, the Firm may other services agreed to between you and the Firm. request a purchase order or other authorization request from you. The firm will notify you of the Fees. Unless otherwise agreed in writing, the cost terms of these arrangements and you will be of the legal services rendered is the fee set forth in responsible for payment either directly to the third the engagement letter. The Firm will designate party or through the Firm. the appropriate attorney, contract attorney, investigator or legal or staff assistant to render the Termination. As the Client, you may terminate services based on your request; the complexity of the Firm as your legal counsel at any time by the matters involved; the skill and availability of written notice to the Firm. The Firm may also the person to be assigned; and other relevant withdraw as your legal counsel or suspend or limit factors. its services to you in compliance with applicable rules of professional responsibility. Billing. Unless otherwise agreed in writing, fees, services charges and disbursements will be billed Collection. Clients are responsible to reimburse at the conclusion of the Firm's representation as the Firm's collection costs and attorneys' fees for delineated in the engagement letter or, at the nonpayment of invoices. If invoices are not discretion of the Firm, periodically. Periodic timely paid, the Firm may obtain and perfect an invoices are due within thirty (30) days after attorneys' lien against documents, property, money receipt. or other rights, in accordance with applicable law. Subject to applicable law and rules, A LATE Service Charges and Disbursements. Unless PAYMENT CHARGE OF 8% PER YEAR (OR otherwise agreed in writing, the Finn's charges THE MAXIMUM ALLOWABLE RATE) MAY that appear on fee statements for other incidental BE ADDED TO ANY UNPAID INVOICE PAST services are based on the Finn's direct cost. The DUE. Firm passes through, without markup, itemized charges from outside vendors and may retain travel Questions or Disputes. Questions or disputes incentives and other vendor discounts and concerning invoices should be brought to the incentives. If you request that the Firm contract attention of the attorney providing legal services within fifteen(15) days after receipt of the invoice.