Loading...
HomeMy WebLinkAbout2009 Planning/Zoning AttorneyCONTRACT FOR PROFESSIONAL SERVICES OF ATTORNEY THIS AGREEMENT made and entered into to become effective as of the 1St day of January, 2009, between the Jeffersonville, Indiana, Plan Commission and the Jeffersonville , Indiana, Board of Zoning Appeals (hereafter called "Clients") and David A. Lewis, Attorney at Law, (hereafter called "Attorney"), WITNESSETH: Clients retain 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. Compensation to Attorney shall be provided as follows: Clients shall pay Attorney fees at the rate of One Hundred Dollars ($100) per hour. 2. Attorney shall provide the following services to Clients: Attorney shall attend regular meetings and special meetings upon request; Attorney shall provide routine telephone consultations to Clients; Attorney shall provide such other advice a~ld consultation as requested by Clients; 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 commitments, review of subdivision restrictive covenants, consultation and advice on legal matters, and any other matter for which Clients request 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, collection procedures and practices, 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. 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. 8. The Attorney shall maintain high standards of professional conduct and practice in his representation of the Clients. Entered this day of ~ ~ , 2009, to become effective as of January 1, 2009. ATTORNEY: ~a David A. Lewis, Attorney at Law CLIENTS: A ve of Jeffersonville Commission and Board of Zoning STATEMENT OF CLIENT'S RICrHTS 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 chaxge 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 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, the lawyer should tell you specifically about his or her actual experience dealing with cases similar to yours. If you ask, the lawyer should provide 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 3 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. 6. 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. 7. 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. 8. 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 and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a 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 matter to the Indiana Bar Association and to the Supreme Court Disciplinary Commission. Any disagreement between you and your lawyer about a fee can be 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 ' t (fL Client Client Client r ~~ ~ / avid A. Lewis Attorney #8797-10 425 Watt Street, P.O. Box 729 Jeffersonville, Indiana 47131 Telephone: (812) 282-8429