Edlin Gallagher Huie + Blum - FY2025-03801203.0023/1004874.1
ATTORNEY-CLIENT FEE AGREEMENT
This is the written fee agreement (“Agreement”) that California Law requires attorneys to have
with their clients.Edlin Gallagher Huie + Blum (“Attorney”) with Michael Gallagher being lead counsel
will provide legal services to the CITY OF RANCHO PALOS VERDES (“Client”) under 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. Attorney will provide those legal services reasonably required
to represent Client regarding claims of potential liability related to the BKK Landfill in West Covina, CA.
Attorney will take reasonable steps to keep Client informed of progress and to respond to Client’s
inquiries.
3.INSURANCE DISCLOSURE. This law firm carries adequate insurance coverage
pursuant to Business and Professions Code Section 6148 (a) (4).
4.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, to pay Attorney’s bills within thirty days of receipt and to keep Attorney advised of
Client’s address, telephone number and whereabouts. Client will assist Attorney in providing necessary
information and documents and will appear when necessary at legal proceedings.
5.LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at
Attorney’s prevailing rates for all time spent on Client’s matter by Attorney’s legal personnel. Current
hourly rates for legal personnel are as follows:
Partners $205 per Hour
Associates $205 per Hour
Paralegals $95 per Hour
The rates on this schedule are subject to change on thirty (30) days prior email or written
notice to Client. If Client declines to pay any increased rates, Attorney will have the right to withdraw
as Attorney for Client.
The time charged will include the time Attorney spends on telephone calls relating to
Client’s matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal
personnel assigned to Client’s matter may confer among themselves about the matter, as required and
appropriate. When they do confer, each person will charge for the time expended, as long as the work
done is reasonably necessary. Likewise, if more than one of the legal personnel attends a meeting,
court hearing or other proceeding, each will charge for the time spent. Attorney will charge for waiting
time in court and elsewhere and for travel time, both local and out of town.
Time is charged in minimum units of one tenth (.1) of an hour.
6.Client agrees to immediately pay Attorney a retainer of $5000.00. Attorney will
immediately apply payment against services Attorney performs hereunder. Attorney will have no
obligation to perform work hereunder until said retainer has been paid. This retainer will be used to pay
Client’s monthly bills. As the balance of the retainer is reduced to pay Client’s monthly bills, it will be
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replenished by Client.
7.COSTS AND OTHER CHARGES. Attorney will incur various costs and expenses in
performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and
expenses, at no mark-up, in addition to the hourly fees. The costs and expenses commonly include,
service of process charges, filing fees, court and deposition reporter’s fees, jury fees, notary fees,
deposition costs, long distance telephone charges, messenger and other delivery fees, postage,
photocopying, scanning and other reproduction costs, electronic document management, travel costs
including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultant’s
fees, expert witness, professional mediator, arbitrator and/or special master fees and other similar
items.
Client agrees to pay, at no mark-up, 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 Attorney and its legal personnel spend traveling.
To aid in the preparation or presentation of Client’s case, it may become necessary to
hire consultants or investigators. Client agrees to pay such fees and charges, at no mark-up. Attorney
will select any consultants or investigators to be hired and Client will be informed of persons chosen
and their charges.
8.BILLING STATEMENT. Attorney will send Client itemized monthly statements for fees
and costs incurred, to be transmitted as agreed by Client and Attorney. The statements will be payable
thirty days of the date of receipt.
9.DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney
may withdraw with Client’s consent or for good cause or will immediately withdraw if an actual conflict
arises. Good cause includes client’s breach of this agreement, including refusal to cooperate or to
follow Attorney’s advice on a material matter of any fact or circumstance that would render Attorney’s
continuing representation unlawful or unethical, and non-payment of Attorney’s fees and costs. 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 the matter. Attorney makes no such promises or guarantees. Attorney’s comments about
the outcome of the 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. RETENTION OF CLIENT DOCUMENTS. Client acknowledges that Attorney will retain
Client’s documents no longer than six years from the date of execution of the Agreement unless
otherwise agreed, in writing, by Attorney. Client agrees to pay Attorney for the costs incurred by
Attorney for storage of Client’s files. Attorney will notify Client before destruction of Client’s documents
and client may then elect to have its documents returned. Client agrees to pay the entire shipping costs
for the return of its documents.
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12. 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 us or an oral
agreement only to the extent that the parties carry it out.
13. EFFECTIVE DATE. This Agreement will govern all services performed by Attorney on
your behalf commencing with the date Attorney first performed services. The date the Agreement is
signed is for reference only. Even if this Agreement does not take effect, you will be obligated to pay
the reasonable value of any services Attorney may have performed for you.
14. COMPLETING AGREEMENT. You agree to read and understand this Attorney-Retainer
and Fee Agreement. If you do not understand any part of this Agreement, please contact us before
proceeding. If the foregoing outline of our engagement and fees meets with your approval, please sign
below.
15.ARBITRATION OF ALL DISPUTES INCLUDING CLAIMS OF MALPRACTICE. EGHB
appreciates the opportunity to serve you and looks forward to a harmonious relationship. In the event
you become dissatisfied for any reason, please bring that to our attention immediately. Most problems
can be resolved by good faith discussion between the parties. Nevertheless, it is always possible that
some dispute may arise which cannot be resolved by discussion between us. Attorney believes such
disputes can be resolved more quickly and with less expense to all concerned by mediation or binding
arbitration rather than by court action. Arbitration is a process by which both parties to a dispute agree
to submit the matter to an arbitrator and to abide by the arbitrator’s decision. In arbitration, there is no
right to a trial by jury and the arbitrator’s legal and factual determinations are not subject to appellate
review. Rules of evidence and procedure are often less formal and rigid than in a trial before a court or
jury. Arbitration usually results in a decision much more quickly than proceedings in court, and the
attorney's fees and costs incurred by both sides are usually substantially less.
By agreeing to arbitrate you will be giving up the right to a jury trial and other rights,
therefore we encourage you to discuss the advisability of arbitration with other counsel or any of your
other advisors and to ask any questions of us or them that you may have.
By signing this agreement, you agree that in the event of any dispute arising out of or
relating to this agreement, our relationship, or the services performed (including but not limited to
disputes regarding attorneys’ fees or costs and those alleging negligence, breach of fiduciary duty,
fraud, or any claim based upon a statute), such dispute shall be resolved by mediation and/or binding
arbitration pursuant to the California arbitration act in effect at that time, including our mutual obligations
of cooperation and disclosure. In so doing, we both give up our rights to a jury trial and to an appeal,
except as provided by law.
16. STATE BAR FEE MEDIATION AND ARBITRATION. Notwithstanding paragraph 9
above, in any dispute subject to the jurisdiction of the State of California over attorney’s fees, charges,
costs or expenses, you have the right to elect arbitration pursuant to the fee mediation and arbitration
procedures of the State Bar of California, as set forth in the California Rules of Judicial Administration,
Chapter 14, Article 11.
Because each party is giving up a right, you are encouraged to have an independent
lawyer of your choice review these arbitration provisions before agreeing to them.
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By signing this Agreement, you and Attorney confirm that we have read and understood
paragraphs 10 and 11, and voluntarily agree to binding arbitration. In doing so, you and Attorney
voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. You
are advised that you have the right to have an independent lawyer of your choice review these
arbitration provisions, and this entire agreement, prior to signing this Agreement.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREED 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. CLIENT SHALL RECEIVE A FULLY EXECUTED
DUPLICATE OF THIS AGREEMENT.
CLIENT:
Dated:
By Ara Mihranian
City Manager, Rancho Palos Verdes
Authorized Representative
EDLIN GALLAGHER HUIE + BLUM
Dated:
By
SSeptember 24, 2024
September 24, 2024