HomeMy WebLinkAboutShepard, Smith, Kohlmyer, & Hand, P.A. Special Counsel for Code Enforcement Prosecution (as needed) - 2022 01 03 ,tiii1411311fry11¢t4
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SHEPARD.SMITH,KOHLMYER 6 HAND.P.A.
ATTORNEYS 6 COUNSELORS AT LAW
SHEPAROFIRM.COM
January 3,2022
City of Winter Springs
c/o Shawn Boyle, City Manager
1126 E SR 434
Winter Springs,FL 32708
Dear Mr. Boyle:
This letter, explaining our firm's fees, expenses, billing policies and payment terms, is
prepared regarding our agreement to represent you as legal counsel in the following matter:
Special Counsel for Code Enforcement Prosecution on an as needed basis
This document has been issued on the above-referenced date and is null and void if not
returned to SHEPARD, SMITH,KOHLMYER&HAND,P.A.,within fifteen(15)days or by May
1,2021. Likewise,this document is null and void without the acceptance signature of an attorney
of SHEPARD, SMITH, KOHLMYER & HAND, P.A. This engagement letter shall govern any
and all additional matters brought to this firm,unless otherwise specified in a separate engagement
letter.
Legal Fees
The firm currently charges an hourly rate of$190.00 per hour for all attorneys,and$75.00
per hour for legal assistants. Rate changes may occur in the future after written notice to the client.
Authorid to Reilresent
The law firm is authorized to investigate and prepare the matters for which it has been
retained. Neither the law firm nor the client will settle any matter(s) with any party without the
full knowledge and consent of the other.
No Guaranty
The law firm does not and cannot guarantee a successful result.The attorneys'fees incurred
by the client shall be due and owing regardless of the outcome of the matter(s) for which the law
firm is retained.
CLIENT'S INITIALS
tott tree 866.247.3008 office 407.622.1772 fax 407.622.1884
00 MAITLAND CENTER PKWY STE 100 - MAITLAND, Ft. 32751
City of Winter Springs
January 3,2022
Page 2
Termination or Withdrawal
If the law firm is discharged by the client or withdraws for any reason before conclusion
of the matter(s), the law firm shall be entitled to immediate reimbursement of all costs advanced
and all attorney fees incurred for work performed until such termination.
Retainer
No retainer is required.
Costs and Disbursements
The client is responsible for all costs associated with the investigation and prosecution of
all matters referred to the firm,regardless of whether any recovery is made. Costs include,but are
not limited to: court costs, filing fees, taxes, recording fees, overnight mail charges, deposition or
investigation costs and long distance phone charges. Invoices for such items will either be sent
directly to the client for payment, or will be billed to the client by the firm. The client agrees to
pay all such costs.
While this firm does not bill for routine office expenses such as photocopies, postage or
delivery charges, it reserves the right to do so if, in its judgment, these expenses exceed the firm's
reasonable expectations.
Billin
Bills for services provided and costs incurred by the firm are rendered to clients monthly.
Bills are due in full upon receipt and considered delinquent fifteen (15) days from the date of the
billing. In the event payment of any statement is not made within fifteen (15) days of the billing
date,the law firm may elect any or all of the following options:
1. To withdraw from any pending court matter in which an appearance has been
filed on the client's behalf, upon due motion and notice of hearing;
2. To declare the entire amount due, with interest at the rate of eighteen percent
(18%)per annum from the date of the statement;
3. To file suit on the amount due;
4. To retain all client property in its possession until payment is made;
5. To pursue any other remedy allowed by law.
CLIENTS INITIALS
City of Winter Springs
January 3,2022
Page 3
Handlin,-- of Retainer Funds
Clients with retainer funds on account must contact the law firm within fifteen (15) days
of the billing date with any questions or adjustment requests. Failure to contact the firm within
the fifteen(15) day period will be deemed acknowledgment of the bill's accuracy and any retainer
funds will, to the extent sufficient, be applied to the outstanding balance. If the retainer funds on
account are insufficient to cover the outstanding balance, the client is expected to pay any
remaining balance in full before the next billing.
Late Pa\ment Chary-e
A late payment charge of$25.00 is added to all balances not paid in full within fifteen(15)
days of the bill date unless alternative payment terms are arranged in advance.
Attorne\s' Fees
If the law firm is forced to collect the client's account,the client agrees to pay the law firm's
reasonable attorneys' fees, including attorneys' fees on appeal, for such collection.
Questions about Billin;,-
Clients are strongly encouraged to timely discuss any questions they have about statements
rendered to them with the member of the firm familiar with the account. Clients must contact
the law firm within fifteen (15) days of the billing date with any questions or adjustment
requests. Failure to do so will be deemed acknowledgment by the client that the bill is both
accurate and fair.
We look forward to what we hope will develop into a long and rewarding professional
relationship with you. If the above outlined terms are acceptable, please sign where indicated
below and return this letter with your initial retainer. In the meantime, should you have any
questions, please don't hesitate to contact us.
CITY OF WINTER SPRI GS' SHEPARD, SMITH, KOHLMYER&
HAND, P.A.
By: By: 45z��i
Andrew Smith, III
Date: Date:
cc: Anthony Garganese, Esq., City Attorney