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r. LI3o <br /> • Mayor Cavanaugh <br /> December 14, 2000 <br /> Page Three <br /> effective hourly rate in line, the City would have to increase the monthly retainer to <br /> somewhere between $5,500.00 to $6,500.00. <br /> The second option would be to combine a monthly retainer with an hourly fee. In the <br /> case of a prior municipal client, we had a flat fee that covered administrative services <br /> (report, complaints, etc.) and arraignment, pretrial appearances and court trials with an <br /> hourly fee for jury trials. With the new legislation on DWI forfeitures, we would <br /> anticipate including these cases on the hourly basis as well. Under this type of <br /> compensation package, our monthly flat fee retainer would have to be increased to the <br /> $4,500.00 range with the hourly rate at $85.00. The main difficulty with this type of <br /> compensation package is the uncertainty it causes with the City's budget. Depending <br /> on the number of jury trials and DWI forfeitures cases that are scheduled in a month, <br /> the actual billing from this office might be as little as the monthly retainer or <br /> substantially higher. We typically have three to four jury trials scheduled in a month <br /> with one or two DWI forfeiture matters. Fortunately, most of these trials are settled by <br /> plea negotiation, which limits the amount of time we have to spend. However, if any <br /> of these go to trial in a month, the fees incurred could reasonably be anticipated to be <br /> in the range of $1,000 to $2,000 per trial. The one advantage of this method, however, <br /> is that the monthly billing would be a more accurate reflection of the amount of time <br /> and resources dedicated by this office on a monthly basis. <br /> We are open and anxious to discuss the options and the precise terms available to both <br /> parties that could be reached upon mutual consent. We recognize that the suggestions <br /> contained herein would represent a significant increase in the City's budget for <br /> prosecution service. We do not approach this subject lightly and have already spent a <br /> great deal of time reviewing these issues internally. It is apparent, however, that <br /> whether from this firm or another, the City will have to experience a substantial <br /> increase in the costs of prosecution services if it wishes to continue to receive the high <br /> level of services it has come to expect and deserves. <br /> Pgak ow when you would like us to be available to discuss the above. <br /> , <br /> arlsonkLeslVieM4itterschein <br /> SPC:amy <br /> • C: Michael Morrison <br />