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.