Daley & Heft LLP (2014) •
DALEY & HEFT,LLP
462 Stevens Avenue, Suite 201
Solana Beach, CA 92075
(858) 755-5666
ATTORNEY-CLIENT RETAINER AGREEMENT
This is the written retainer agreement ("Agreement") that California law requires
attorneys to have with their clients. Daley & Heft ("Attorney") will provide legal services to
City of Rancho Palos Verdes ("Client") on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no
obligation to provide legal services, until client returns a signed copy of this Agreement.
2. SCOPE OF SERVICES. Client hires Attorney to assist in the defense of a class
claim dated August 13, 2014, submitted on behalf of Sharon Yarber and all similarly situated
taxpayers, seeking Utility User's Tax (UUT) refund and the threatened/anticipated class action
litigation challenging City of Rancho Palos Verdes' utility user tax (UUT) ordinance as applied
to telecommunications services.
3. RETENTION OF FIRM RATHER THAN PARTICULAR ATTORNEY.
Client is retaining the law firm of Daley & Heft, LLP. The partner primarily responsible for
Client's matter(s) is Scott Noya. However, Client is retaining Daley & Heft, LLP and not any
particular attorney, and the attorney services to be provided will not necessarily be performed by
any particular attorney.
4. INSURANCE DISCLOSURE. Attorney maintains errors and omissions
(malpractice) insurance coverage.
5. CLIENT'S DUTIES. Client agrees to be truthful with Attorney, to cooperate, to
keep Attorney informed of any information or developments which may come to Client's
attention, to abide by this agreement, and to pay Attorney's bills. Client will assist Attorney in
providing information and documents necessary for the representation in the described matter(s).
6. LEGAL FEES AND BILLING PRACTICES. You agree to pay by the hour at
our prevailing rates for time spent on your matter by our legal personnel. Our current hourly
rates for legal personnel (and other billing rates) are set forth on the attached Rate Schedule.
We will charge you for the time we spend on telephone calls relating to your matter,
including calls with you, opposing counsel, or court personnel. The legal personnel assigned to
your matter will confer among themselves about the matter, as required. When they do confer,
each person will charge for the time expended. Likewise, if more than one of our legal personnel
attends a meeting, court hearing, or other proceeding, each will charge for the time spent. We
will charge for waiting time in court and elsewhere and for travel time, both local and out of
town.
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7. COSTS AND OTHER CHARGES.
(a) In General. We will incur various costs and expenses in performing legal services
under this agreement. You agree to pay for those costs and expenses in addition to the hourly
fees. The costs and expenses commonly include process servers' fees, fees fixed by law or
assessed by courts and other agencies, court reporters' fees,jury fees, private investigation fees,
photographer/graphic artist fees, mediator, arbitrator or special master fees, long distance
telephone calls, messenger and other delivery fees, postage, parking and other local travel
expenses, photocopying and other reproduction costs, clerical staff overtime, word processing
charges, charges for computer time, and other similar items. Except for the items listed on the
Rate Schedule, all costs and expenses will be charged at our cost.
(b) Out of Town Travel. Client agrees to pay transportation, meals, lodging and all
other costs of any necessary out of town travel by Attorney's personnel. Client will also be
charged the hourly rates for the time legal personnel spent traveling.
(c) Consultants and Investigators. To aid in the representation in Client's matter, it
may become necessary to hire consultants or investigators. Client agrees to pay such fees and
charges. Attorney will select any consultants or investigators to be hired and Client will be
informed of persons chosen and their charges.
(d) Client's Responsibility re Costs. Attorney may advance such costs and expenses on
Client's behalf, but is not obligated to do so. Client agrees to reimburse Attorney upon demand
for any such advances. Client is responsible for such reimbursement regardless of the status or
outcome of the litigation, or the amount of any recovery.
(e) Client Further Agrees. That if monies are maintained in Attorney's trust account for
the purpose of paying fees and costs as incurred, Attorney is authorized without the prior consent
of Clients to transfer sufficient funds from trust to pay current as well as past due fees and costs
upon mailing of bills for fees and costs in the ordinary course of business.
(f) Court Ordered Sanctions. Client agrees to pay all court ordered sanctions levied as
a result of legal positions taken in the action by counsel on Client's behalf where counsel has
apprised Client of a potential risk that sanctions could be awarded as a result of a particular legal
position taken. Examples of such legal positions could be,but are not limited to,causes of action
asserted, assertion of privileges on behalf of client or assertions of legal objections to disclosure
or production of evidence. Client is not responsible for sanctions awarded specifically against
counsel for counsel's personal misconduct or actions.
8. BILLING STATEMENTS. Attorney will send Client periodic statements for
fees and costs incurred. Each statement will be payable within 60 days of its mailing date and
Client agrees to make its best efforts to make payment within that time. Client may request a
statement at intervals of no less than 30 days. If client so requests, Attorney will provide one
within 10 days. The statements shall include the amount, rate, basis of calculation or other
method of determination of the fees and costs, which costs will be clearly identified by item and
amount. If Client does not object in writing to specific charges within 60 days of the date of an
invoice, the charges will be deemed reasonable and necessary.
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9. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any
time. Attorney may withdraw with Client's consent or for good cause. Good cause includes
Client's breach of this agreement, refusal to cooperate or to follow Attorney's advice on a
material matter or any fact or circumstance that would render Attorney's continuing
representation unlawful or unethical. When Attorney's services conclude, all unpaid charges will
immediately become due and payable. After services conclude, Attorney will, upon Client's
request, deliver Client's file and property in Attorney's possession, whether or not Client has paid
for all services.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this
agreement and nothing in Attorney's statements to Client will be construed as a promise or
guarantee about the outcome of any matter. Attorney makes no such promises or guarantees.
Attorney's comments about the outcome of any matter are expressions of opinion only. Any
estimate of fees given by Attorney shall not be a guarantee. Actual fees may vary from estimates
given.
11. LIEN. You hereby grant us a lien on any and all claims or causes of action that
are the subject of our representation under this agreement. Our lien will be for any sums owing
to us at the conclusion of our services. The lien will attach to any recovery you may obtain,
whether by arbitration award,judgment, settlement or otherwise.
12. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the
parties. No other agreement, statement, or promise made on or before the effective date of this
Agreement will be binding on the parties.
13. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision
of this Agreement is held in whole or in part to be unenforceable for any reason,the remainder of
that provision and of the entire Agreement will be severable and remain in effect.
14. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may
be modified by subsequent Agreement of the parties only by an instrument in writing signed by
both of them or any oral agreement only to the extent that the parties carry it out.
15. ARBITRATION OF DISPUTES. If a dispute arises between Client and
Attorney regarding fees/costs due or legal services in connection with the claim(s) covered by
this Agreement, such dispute shall be submitted to binding arbitration. This includes any claim
against Attorney for breach of contract, negligence, breach of fiduciary duty or other
wrongdoing. Such arbitration shall be conducted in accordance with the rules of the American
Arbitration Association.
YOUR INITIALS BELOW SIGNIFY YOUR ACKNOWLEDGMENT OF
THE FOLLOWING EXPLANATION:
You acknowledge that Attorney has explained to you that such binding arbitration
may deprive you of various rights that you otherwise might have in a legal action,
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including, without limitation, the right to a jury trial, the right to appeal, and full
discovery rights.
(Client's initials)
16. EFFECTIVE DATES. This Agreement will take effect when you have
performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the
date we first performed services. The date at the beginning of this agreement is for reference
only. Even if this agreement does not take effect, you will be obligated to pay us the reasonable
value of any services we may have performed for you.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,
JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS
AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE
OF THIS AGREEMENT.
Dated: September 30 , 2014j.,,.,:�,x;,. ,,,J
By:
Carolynn Petru
Acting City Manager
Rancho Palos Verdes City Hall
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
[Phone] (310) 377-0360
[Fax] (310) 544-5291
[Email] citymanager@rpv.com
Dated: September 1�, 2014 DALEY &HEFT,
aro", Q1)
Scott Noya, Esq.
462 Stevens Avenue, Suite 201
Solana Beach, CA 92075
Tel: (858)755-5666,Ext. 7222
Email: SNoya@daleyheft.com
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RATE SCHEDULE
A. Identification
Client: City of Rancho Palos Verdes
Matter: Client hires Attorney to assist in the defense of a class claim dated August 13,
2014, submitted on behalf of Sharon Yarber and all similarly situated taxpayers, seeking
Utility User's Tax (UUT) refund and the threatened/anticipated class action litigation
challenging City of Rancho Palos Verdes' utility user tax (UUT) ordinance as applied to
telecommunications services.
B. Hourly rates for legal personnel
Partners $250/hour
Associates $225/hour
Paralegals $110/hour
C. Standard charges
We charge for our time in minimum units of.10 hours.
D. Costs and expenses
In-office photocopying .10/page
Mileage Applicable current I.R.S. rate
E. Subject to change
The rates on this schedule are subject to change on 30 days' written notice, subject to
Client approval/acceptance.
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