HomeMy WebLinkAbout1990 CON CDC Detisch and Christensen - Legal ServicesDETISCH & CHRISTENSEN
444 WEST C STREET, SUITE 200
SAN DIEGO, CALIFORNIA 92101
Telephone (619) 236-9343 Facsimile (619) 236-8307
e-mail dclaw@adnc.com
ATTORNEY -CLIENT FEE CONTRACT
ORIGINAL
This ATTORNEY -CLIENT FEE CONTRACT ("CONTRACT") is entered into by and
between Community Development Commission of the City of National ("CDC")
("Client")and DONALD W. DETISCH. ESQ. of the law firm of DETISCII &
CHRISTENSEN ("Attorney").
1. CONDITIONS. This Contract is the written confirmation of an existing agreement
between CDC and Attorney regarding the provision of legal services.
2. SCOPE OF SERVICES. Client hires Attorney to provide legal services to the
CDC under the direction of the City Attorney on an "as needed" basis in the area of
condemnation and acquisition of property. It is expected that Attorney shall work with the
City Attorney and CDC staff in all steps of the process including consultation prior to
condemnation, negotiations, preparation of court filings, and all other necessary documents.
Attorney shall provide the legal services necessary required to represent Client and shall take
reasonable steps to keep Client informed of progress and to respond to Client's inquiries.
Attorney and Client shall cooperate and keep each other informed of developments.
3. LEGAL FEES. Client agrees to pay for legal services at the following rates:
Partners - $125/hour; Associates - $105/hour; Paralegals - $65/hour; Law Clerks - $25/hour,
and other personnel as required and mutually determined. Attorney charges in minimum units
of 0.10 hours.
4. COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse
Attorney for all costs and expenses incurred by Attorney, including, but not limited to, process
servers' fees, fees fixed by law or assessed by courts or other agencies, court reporters' fees,
long distance telephone calls, messenger and other delivery fees, postage, in office
photocopying at $0.25 per page, parking, mileage at $0.23 per mile, investigative expense,
consultants' fees, expert witness fees and other similar items. Client authorizes Attorney to
incur all reasonable costs and to hire any investigators, consultants or expert witnesses
reasonably necessary in Attorney's judgment, as set forth below.
_X Attorney shall obtain Client's consent before retaining outside investigators,
consultants, or experts witness.
5. STATEMENTS. Attorney shall send Client periodic statements for fees and costs
incurred. Client shall pay Attorney's statements within fifteen (15) days after each statement's
date. Client may request a statement at intervals of no less than thirty (30) days. Upon
Client's request Attorney will provide a statement within ten (10) days.
6. LIEN. Client hereby grants Attorney a lien on any and all claims or causes of
action that are the subject of Attorney's representation under this Contract. Attorney's lien
will be for any sums due and owing to Attorney at the conclusion of Attorney's services. The
lien will attach to any recovery Client may obtain, whether by arbitration award, judgment,
settlement or otherwise.
7. DISCHARGE ANI) WITHDRAWAL. Client may discharge Attorney at any
time upon sixty (60) days notice. Attorney may withdraw with Client's consent or for good
cause. Good cause includes Client's breach of this Contract, Client's refusal to cooperate with
Attorney or to follow Attorney's advice on a material matter or any other fact or circumstances
that would rather Attorney's continuing representation unlawful or unethical.
8. CONCLUSION OF SERVICE. When Attorney's services conclude, all unpaid
charges shall become immediately due and payable. After Attorney's services conclude,
Attorney will, upon Client's request, deliver Client's file to Client, along with any client funds
or property in Attorney possession.
9. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in
Attorney's statements to Client will be construed as a promise or guarantee about the outcome
of Client's matter. Attorney makes no such promises or guarantees. Attorney's comments
about the outcome of Client's matter are expressions of opinion only.
1Q. EFFECTIVE DATE. This contract will take effect and be retroactive to the date
Attorney first provided services. The date at the beginning of this Contract is for reference
only.
"Attorney"
DETISCH & CI IRISTENSEN
Donald W Detisch, E
"Client"
COMMIJ
OF NAT
Dated:— ?.- e 13
Page 2 of 3
PMENT COMMISSION OF TIIE CITY
03/2.5./0;1 14:30 FAX 619 336 4327 CITY OF NATIONAL CITY
93/24/2004 WED 9:31 FAX 619 336 4286 CDC OF NATIONAL CITY
03/03/2004 16:45 FAX 6122359100
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SCOPE OF WORK/FEE SCHEDULE
Eminent Domain, Redevelopment, Real Estate,
Ana Use, Administrative and
Municipal Law, General Civil Litigation:
This firm will provide consultation, litigation and transacWal services as needed
to the Community Development Commission pf the City of National City and the City
of National City in the following areas of law: Eminent Domain Law including the
preparation of right of entry permits, resolutions of necessity, administrative records,
relocation plans and hearings, any and all litigation, and consultation, the acquisition of
real and personal property through real estate! and purchase sales agrecmmts, the
preparation of ERNS, OPA agreements, DD4s, and other related redevelopment issues,
the preparation of redevelopment project plans, the preparation and review of real
estate documents, appearance before any andail administrative agencies and boards,
water law rights, obligations, flood damage and earth movement cases, the litigation of
construction defect matters, the appearance before various public boards, the
preparation of ordinances and resolutions, and the consultation and review of
subdivision and planning documents, and CEQA issues. The above is a sampling of the
broad range of legal services that this firm can and does offer and is available to
consult, litigate and/or prepare documentation in connection with these limners. The
experience and Motu of the firm's primary owner and associate is reflected in
the attached biographical sketch and reflec__A:tssover 44 years of legal experience.
YEE SCULE
The FEE SCHEDULE is based on the experience level and specialized expertise
of the principals of this firm. The•rates charged are moderate and reasonable:
Donald W. Detisch $150 /hr
Christopher J. Briggs $135/hr
Contract Attorney (when appropriate and authorized) $120-135/hr
Paralegal: $75.00/hr.
EXHIBIT "A"
03/25/2004 THU 13:30 [JOB NO. 7022] a 002