1180-Michael Scott Herring, PA - Agrmnt to Provide Legal ServicesAGREEMENT TO PROVIDE LEGAL SERVICES Copy
LAW OFFICES OF MICHAEL SCOTT HERRING, PA., (hereinafter "Law Firm ") is
hereby retained to provide the designated legal services for and on behalf of The City of
Sanford (hereinafter "Client(s) ":I authorize the Firm to do and perform all acts on our parts
which are necessary and appropriate to this representation only through trial, final hearing
and final judgment. It does not include Appeals, Petition for Modification of any
subsequently entered Final Judgment, or any other post -trial proceedings.
1. Legal Services To Be Provided: Law Firm will represent Client in the following
manner:
Serve as Counsel in the dispute between Client and Seminole County School Board
and any subsequent litigation filed in the 18th Judicial Circuit, In and For Seminole County,
Florida.
The legal services to be provided by Law Firm includes all necessary court
appearances, research, investigation, correspondence, preparation and drafting of
pleadings or other legal documents, trial preparation, conferences in person and by
telephone with Client and Client's designated representatives and with others, and related
work necessary to represent Client in the above referenced matter.
2. Other Legal Services: If Client desires any other services which may or may not
be related to the above matter, including appeals, Client and the Law Firm will enter into
a new agreement to provide such other services.
3. Legal Fees: The Law Firm cannot predict or guarantee what Client's final legal
fees will be. Fees will depend on the time expended on Client's behalf.
A. Retainer Payment: The Law Firm will begin work on Client's case upon
receipt of an initial fee retainer of $ -0- . This sum will be applied toward Client's fees
according to this Agreement. Should the retainer become exhausted Client will promptly
replenish same. Any balance of the fee retainer remaining upon completion of the Law
Firm's services and payment of all outstanding bills will be refunded to Client.
B. Hourly Rate: Client agrees to pay Law Firm for legal services at the following
rates:
Rate Per Hour
Services of
$ 300.00
Senior Attorneys
$
Senior Associates
$
Junior Associates
$ 75.00
Paralegals
MICHAEL SCOTT HERRING,P.A., lead attorney on this case, bills at an
hourly rate of $300.00 /hour. Mr. Herring may on occasion consult a senior attorney on an
as- needed basis.
C. Services Will Be Billed: Client will be billed at the hourly rates (minimum
charge of .25 hour) set forth above for all services rendered. This includes telephone calls,
e- mails, dictating and reviewing letters, travel time to and from meetings and Court
appearances, legal research, negotiations and any other services relating to this matter.
4. Costs and Expenses: In addition to all legal fees, Client agrees to pay the
following costs and expenses: experts' fees, court costs, accountants' fees, service of
process fees, investigator fees, deposition costs, messenger services, photocopying
charges, facsimile charges, telephone toll calls, postage, transportation and any other
necessary expenses in this matter. The Law Firm may require that experts be retained
directly by Client and Client will be solely responsible for paying the experts directly. The
Law Firm may require that costs and expenses be paid in advance from a cost retainer in
addition to the above fee retainer. Any balance of the cost retainer remaining upon
completion of The Law Firm's services and payment of all outstanding bills will be refunded
to Client.
5. Expenses: The firm is authorized to pay or incur, at my expense, for all
expenses such as: long distance telephone calls, photocopies, out -of -town travel
expenses, court reporter expenses (including cost of transcript and court reporter's fee for
attendance), court costs (such as filing fees, service of process, newspaper publication,
subpoena costs, witness fees, recording fees, etc), accounting and appraisal fees and fees
and expenses of other experts which the Firm deems necessary to assist in the preparation
and trial of my case. I have advanced the Firm a cost deposit necessary to assist in the
preparation and trial of my case. I have advanced the Firm a cost deposit of $ -0-
towards these expenses which is included in the attorney's fee retainer.
6. Payment of Fees and Costs: If I have any disagreement about the amount
of the bill, I will advise you in writing within ten (10) days; otherwise, I agree to the amount
of your bill to the date of billing statement. Unless prior arrangements have been
discussed and agreed upon if I do not pay the bill in full when it is sent, then I will make
payments each and every time I am billed. Client shall always maintain a minimum
balance of /2 the retainer $ -0- in the attorney's trust account.
7. Bills. The Law Firm will periodically send Client itemized bills. All bills for fees,
costs and legal expenses are due upon receipt. Client will be charged interest at an annual
rate of 18% (1 '/2 % per month) on any balance due that is not paid within 30 days from the
date of the bill.
8. Attorney's Charging Lien. It is agreed that the Law Firm shall be entitled to
assert all general possessory or retaining liens, as well as any other special or charging
liens known to common law, in the event the fees and costs are not timely paid in this case.
Computation of the lien will be made after deducting all payments made from the total
amount of the bill and the addition of all accrued but unpaid interest on past due balances.
9. Client's Responsibility. Client must fully cooperate with the Law Firm and
provide all documents and information relevant to the issues involved in this matter. Client
must also pay all bills as required by this Agreement and maintain and replenish the
retainer fund as necessary. If Client does not comply with these requirements, the Law
Firm may ask the Court for permission to withdraw from representing Client. The Law Firm
will also withdraw at Client's request.
10. No Guarantee. The Law Firm agrees to provide conscientious, competent and
diligent services and, at all times, will seek to achieve solutions which are just and
reasonable for Client. However, because of the uncertainty of legal proceedings, and
changes in the law and interpretation of the law and many other unpredictable factors, the
Law Firm cannot and does not warrant, predict or guarantee results or the final outcome
of this case.
11. Termination of Services. The services agreed to in this agreement end upon
entry of a Final Judgment in the Circuit Court, unless the Law Firm has earlier withdrawn
or been discharged. Should a prosecution of or defense against an appeal of the Final
Judgment be desired by Client a new agreement and retainer will be negotiated between
the parties.
12. Signatures. Client, Guarantor (if applicable) and the Law Firm have read and
agreed to this Agreement. The Law Firm has answered all of Client's questions and fully
explained this Agreement to Client's complete satisfaction. Client and Guarantor have been
given copies of this Agreement.
LAW OFFICES OF MICHAEL SCOTT HERRING, P.A.
MICHAEL S. HLRRIN�, ESQUIR
MICHAEL S. HERRING, P.A.
CITY OFkak FLORIDA
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Date:
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I: \SWS \CITIES \City of Sanford \Seminole County School Board\AGREEMENT TO PROVIDE LEGAL SERVICES.wpd