HomeMy WebLinkAbout2009 Redevelopment Commission AttorneyCONTRACT FOR PROFESSIONAL SERVICES OF ATTORNEY
(Redevelopment Commission)
THIS AGREEMENT made and entered into to become effective as of the 1St day of
January, 2009, between the Jeffersonville, Indiana, Redevelopment Commission (hereafter called
"Client") and David A. Lewis, Attorney at Law, (hereafter called "Attorney"),
WITNESSETH:
Client retains David A. Lewis as its Attorney to represent it, counsel it, and provide all
legal services which it deems necessary on a month to month basis indefinitely until either party
terminates with thirty (30) days written notice.
1. Client shall pay Attorney fees at the rate of One Hundred Dollars ($100) per hour.
2. Attorney shall provide the following services to Client: Attorney shall attend
regular meetings and special meetings upon request; Attorney shall provide routine telephone
consultations to Client; Attorney shall provide such other advice and consultation as requested
by Client; Further Attorney shall provide any other additional services as may be requested,
which may include, but are not necessarily limited to, services performed in connection with
litigation, review of contracts, review of real estate transactions, co~isultation and advice on legal
matters, and any other matter for which Client requests the Attorney's services.
3. In addition to Attorney fees paid hereunder, Client shall reimburse Attorney for any
and all out-of-pocket costs advanced by Attorney which expenditures may include, but may not
be limited to, filing fees, expert witness fees, deposition expenses, travel expenses, special
delivery costs, postage, long distance telephone expenses, and all other advanced expenses which
are incidental to litigation and other services advanced for the Client.
4. In addition to the fees and costs otherwise addressed herein, Client shall reimburse
Attorney for any and all other out-of-pocket expenses incurred for certified mailing and/or
express mailing, advertising costs for legal notices, and all other advanced expenses which are
incidental to Attorney's work for Client.
5. Attorney is an independent contractor. Client shall not be responsible for income
withholdings, workers compensation, health insurance, retirement contributions, or any other
fringe benefits. Attorney agrees that he will not represent an interest which is in conflict to the
interests of the Client during the term of this contract, or alternatively, shall disclose any
conflicts of interest and proceed with waivers only as may be permitted by the Code of
Professional Conduct. Attorney shall make full disclosure to Client of any conflicts of interests
which become known to him in his practice.
6. Attorney acknowledges that this is not an exclusive contract and that Client may,
from time to time, engage the services of other attorneys and/or law firms at Client's sole
discretion. Additionally, Attorney may from time to time in special circumstances engage the
services of co-counsel, but only with the consent and approval of Client.
7. Subject to the approval of the Commission and the collection of revenue raised by
the sale of bonds for any purpose, Client shall pay Attorney for services connected with the
issuance of bonds, a sum to be determined based upon the amount of the bond and complexity
determined and extent of legal services required, for services rendered the Client in relation to a
bond issue and sale. In the event that the parties cannot agree upon the Attorney's fees billed in
connection with the issuance of bonds, the fee shall be one percent (1%) of the total amount of
bonds issued. In the event that Attorney performs services in preparation for the issuance of
bonds, but no revenue is collected thereby, Attorney shall be paid an hourly fee at the rate of One
Hundred Dollars ($100) per hour.
8. Both the Clients and the Attorney shall have the right to terminate this Professional
Services Contract at any time with or without cause. In the event that the Clients terminate this
Contract, the Attorney shall cease performing services at such time as directed by the Clients. In
the event that the Attorney terminates this Contract, he shall continue to perform the services of
this Contract until such time as the Court grants him leave to withdraw his appearance from any
pending actions, or until such time as directed by the Clients, whichever is earlier, and the
Attorney shall be paid for all services rendered to the point that the Contract is terminated.
9. The Attorney shall maintain high standards of professional conduct and practice in
his representation of the Clients.
Entered this ?'g day of ~~ , 2009, to become effective as of
January 1, 2009.
ATTORNEY:
CLIENT:
a.
avid A. Lewis, ttorney at Law Auth rized Representative of Jeffersonville
R development Commission
STATEMENT OF CLIENT'S RIGHTS
Before you, the prospective Client, arrange a fee agreement with a lawyer, you should
understand this Statement of your rights as a Client. This Statement is not a part of the actual
contract between you and your lawyer, but as a prospective Client, you should be aware of these
rights.
1. There is no legal requirement that a lawyer charge a Client a set fee or a
percentage of money recovered in a case. You have the right to talk with your lawyer about the
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proposed fee and to bargain about the rate or percentage as in any other contract. If you do not
reach an agreement with one lawyer, you may talk with other lawyers.
2. Before hiring a lawyer, you have the right to know about the lawyer's education,
training and experience. If you ask, thmilar toer Duos ldlf youoaskpthe lawyer shouldi poo hdee
actual experience dealing with cases s Y
information in writing if you request it.
3. If your lawyer intends to refer your case to another lawyer or counsel with other
lawyers, your lawyer should tell you about that at the beginning. If your lawyer takes the case
and later decides to refer it to another lawyer or to associate with other lawyers, you should sign
a new contract which includes the new lawyers. You also have the right to consult with each
lawyer working on your case and each lawyer is legally responsible to represent your interests
and is legally responsible for the acts of the other lawyers involved in the case.
4. You have the right to know in advance how you will need to pay the expenses and
the legal fees. If you pay a deposit in advance for costs, you may ask reasonable questions about
how the money will be or has been spent and how much of it remains unspent. Your lawyer
should give a reasonable estimate about future necessary costs. If your lawyer agrees to lend or
advance you money to prepare or research the case, you have the right to know periodically how
much money your lawyer has spent on your behalf. You also have the right to decide, after
consulting with your lawyer, how much money is to be spent to prepare a case. If you pay the
expenses, you have the right to decide how much to spend.
5. You have the right to be told by your lawyer about possible adverse consequences
if you lose the case. Those adverse consequences might include. money which you might have
to pay your lawyer for costs, and liability you might have for attorneys' fees to the other side.
E. You have the right to receive and approve billing statements before you pay any
money. The statement must list all of the financial details of the entire case, including all
expenses, and a statement of your lawyer's fee.
~. You have the right to ask your lawyer at reasonable intervals how the case is
progressing and to have these questions answered to the best of your lawyer's ability.
g. You have the right to make a final decision regarding settlement of a case. Your
lawyer must notify you of all offers of settlement before and after the trial. Offers during the
trial must be immediately communicated aou must maket he final decision to accept or geject a
whether to accept a settlement. Howe , y
settlement.
9. If at any time you believe that your lawyer has charged an excessive or illegal fee
you have the right to report the matae reement between you andlytour lawyer tabout a fee can be
Disciplinary Commission. Any dis g
taken to court and you may wish to hire another lawyer to help you resolve this disagreement.
Usually fee disputes must be handled in a separate lawsuit.
The undersigned acknowledge(s) that he/she/they has/have read and understood the
forgoing Statement of Client's Rights.
DATED this ~ ~ day of ~y~
David A. Lewis
Attorney #8797-10
425 Watt Street, P.O. Box 729
Jeffersonville, Indiana 47131
Telephone: (812) 282-8429
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