HomeMy WebLinkAboutAgr 2004-02-18 (Levy, Ram & Olson)
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ATTORNEYS
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February 12, 2004
VIA FACSIMILE & MAIL
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Ann R. Danforth
Town Attorney
Office of the Town Attorney
1505 Tiburon Blvd.
Tiburon, CA 94920
Re: Cynthia Siciliano and Cindy's Hair Studio v. Town of Tiburon
Dear Ann:
This letter sets forth Levy, Ram & Olson's proposed terms for the Town of
Tiburon's ("your") representation in the lawsuit brought against the Town by CYnthia
Siciliano and Cindy's Hair Studio (the "Claims"). Please read the terms of this letter and,
if you agree to them, sign and return the enclosed copy of this letter in the envelope
provided.
When signed, this letter will be a legally binding retainer agreement.
If you have questions regarding any of the provisions, please contact me
promptly.
1. Nature of Attorney's Services. Levy, Ram & Olson will represent the
Town in defending the lawsuit brought by CYnthia Siciliano and Cindy's
Hair Studio (the "Claims"). Our services will include pretrial discovery,
and potentially briefing and arguing the administrative mandate hearing.
We will act as co-counsel with the Town AttOJ;ney's office.
2. Scope of Engagement. Levy, Ram & Olson's engagement will be limited
to the Claims. Unless Levy, Ram & Olson enters another written
agreement with you, Levy, Ram & Olson will not be representing you on
other claims or in other legal matters you may have.
3. Fees for Services. Levy, Ram & Olson will render services at the rate of
$300 per hour of partner time. In our discretion, Levy, Ram & Olson
may delegate appropriate work to associate attorneys at the rate of $225
per hour and to legal assistants at the rate of $100 per hour. Levy, Ram
& Olson reserves the right to increase these rates from time to time. Our
initial engagement is to propound and respond to discovery with a "cap"
639 Front Street, Fourth Floor
San Francisco, California 94111-1913
Telephone (415) 433-4949
Email firm@lrolaw.com
Facsimile (415) 433-7311
!LIEVY ~ IR.AM\ & OILSON ILILIP
Ann R. Danforth
Town Attorney
February 12,2004
Page 2
of $1 0,000 but it is envisioned that the scope of our engagement will
later include briefing and arguing the administrative mandate hearing,
which is not subject to that "cap."
4. Costs and Expenses. The fees described above are for Levy, Ram &
Olson's services only. These fees do not include costs and expenses.
You will be responsible for paYing for all costs and expenses, including
but not necessarily limited to filing fees and other court costs, deposition
transcript expenses, copYing charges, telephone charges, investigative
expenses, computerized legal research, auto mileage and parking, and
expert's and outside consultant's fees.
5. Billing Arrangement. Hourly fees and costs will be billed to you on a
periodic basis. All bills are due and payable on receipt.
6. Advances for Fees and Costs. From time to time, Levy, Ram & Olson
can require you to make advances as Levy, Ram & Olson deems
necessary to secure payment of fees and expenses to be incurred. You
agree to remit these advances within 30 calendar days of our written
request.
7. Attorney's Authority. Unless you specifically instruct Levy, Ram &
Olson otherwise, Levy, Ram & Olson can make tactical and scheduling
decisions, such as arranging and pursuing discovery, filing and opposing
motions before the court, granting voluntary continuances to opposing
parties, engaging in the voluntary exchange of materials and information
with them, and initiating and conducting settleplent negotiations. The
final decision regarding any settlement of the Claims is yours.
8. Attorney's Responsibilities. Levy, Ram & Olson does not predict or
guarantee any result. Levy, Ram & Olson agrees to apply our judgment
and legal skill in seeking a favorable result for you.
9. Client's Responsibilities. You agree to cooperate in collecting and
providing Levy, Ram & Olson information necessary to the case, to make
yourself available upon reasonable notice for meetings, depositions, and
hearings in the case, to maintain continuing communication with Levy,
Ram & Olson for your effective representation, and to abide by all of the
other provisions of this agreement.
ILIEVY~ IR.AM\ & OILSON ILILIP
Ann R. Danforth
Town Attorney
February 12, 2004
Page 3
10. Withdrawal as Counsel. If you do not pay fees, expenses, or requested
advances as agreed above, or fail to comply with any other provision of
this agreement, or if Levy, Ram & Olson is unable to reconcile
differences that arise with you regarding or affecting the conduct or
settlement of the case, this agreement will terminate and you will sign
such papers as are necessary to enable Levy, Ram & Olson to withdraw
as counsel. If either you or Levy, Ram & Olson terminates the
agreement, this letter shall no longer be considered confidential and may
be disclosed to the Court and the other parties in the withdrawal
proceeding.
We look forward to serving you.
Very truly yours,
Levy, Ram & Olson LLP
By:
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Karl Olson
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Enclosure
***********
I accept the terms set forth in this letter as the retainer agreement with Levy,
Ram & Olson.
Dated: February 11, 2004
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Ann Danforth
Town Attorney
1 Ann R. Danforth (SBN 110399)
Town Attorney
2 Office of the Town of Tiburon
1505 Tiburon Blvd.
3 Tiburon, CA 94920
Telephone: 415-435-7373
4 Facsimile: 415-435-2438
5 Karl Olson (SBN 104760)
Erica L. Craven (SBN 199918)
6 LEVY, RAM & OLSON LLP
639 Front Street, 4th Floor
7 San Francisco, CA 94111
Telephone: 415-433-4949
8 Facsimile: 415-433-7311
9 Attorneys for Respondent/Defendant
Town ofTiburon
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16 CYNTHIA SICILIANO, dba CINDY'S HAIR )
STUDIO, )
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Petitioner/P1aintiff, )
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v. )
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TOWN OF TIBURON, a political subdivision of )
20 the State of California, )
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21 Respondent/Defendant.)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MARIN
Case No. CV 033926
ASSOCIATION OF COUNSEL
Complaint Filed: August 20, 2003
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Case No. 033926 - ASSOCIATION OF COUNSEL Page 1
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TO PETITIONER/PLAINTIFF.AND HER COUNSEL OF RECORD:
PLEASE TAKE NOTICE that Respondent/Defendant Town of Tiburon hereby associates
Levy, Ram & Olson, Karl Olson and Erica L. Craven, as counsel in the above-captioned case, in
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5 addition to the Town Attorney.
6 Dated: February {1, 2004
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Dated: February _,2004
OFFICE OF THE TOWN ATTORNEY
OF TIBURON
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By:
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Ann R. Danforth
Attorney for Respondent/Defendant
LEVY, RAM & OLSON LLP
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By:
Karl Olson
Attorneys for Respondent/Defendant
Case No. 033926 - ASSOCIATION OF COUNSEL
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