HomeMy WebLinkAboutResolution - 2021-R0209 - Legal Services Agreement with Hacker StephensResolution No. 2021-R0209
Item No. 7.20
June 8, 2021 RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, an agreement, and any amendments thereto, for
professional legal services with Hacker Stephens LLP; and that the acts of the City Manager
are herein ratified in his execution of any agreement with Hacker Stephens LLP. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on
ATTEST:
Reb ca Garza, City S cret ry
APPROVED AS TO CONTENT:
W. Jat ett Atkinson, City Manager
APPROVED AS TO FORM:
Chad Weaver, City Attorney
June 8, 2021
DANIEL M. POPE, MAYOR
vw:ccdoes/RES.Agreement to hire Hacker Stephens LLP
June 4, 2021
HACKERSTEPHENSLIP
HEATHER GEBELIN HACKER
Partner
May 14, 2021
Chad Weaver, City Attorney
W. Jarrett Atkinson, City Manager
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Via Email: cweaver@mylubbock.us
(512) 399-3022
Heather@HackerStephens.com
Re: Planned Parenthood lawsuit to be filed in the Northern District of Texas against the City of
Lubbock and/or City Officials
Dear Messrs. Atkinson and Weaver:
The purpose of this letter is to set forth the terms of the engagement of Hacker Stephens LLP
(the "Firm") by the City of Lubbock ("Client") for legal representation and the fee arrangement relating
thereto. This engagement does not create an attorney -client relationship with any other person or entity
other than Client, including other parties to the above -mentioned case.
Scope of the Engagement You have requested that the Firm undertake legal representation on
behalf of Client in connection with the above -referenced matter. Specifically, the Firm intends to serve
as lead litigation counsel in this matter. The Firm agrees to accept and undertake this representation
subject to the terms of this letter of engagement, which may be amended later in writing subject to the
agreement of both parties. We will use our best efforts in representing Client, but we cannot guarantee
that we will achieve a favorable outcome.
Legal Fees: In connection with the Firm's representation, it is agreed that Client shall pay a
reasonable legal fee in light of all the factors to be considered as a guide for determining reasonableness
as set forth in the Code of Professional Responsibility. It is further agreed that the reasonable fees to
compensate for services rendered shall be the amount equal to the time expended (billed in six -minute
increments) multiplied by the normal hourly rate of each respective attorney involved, plus all out-of-
pocket expenses incurred. Our hourly rates are subject to increases from time to time (usually on an
annual basis) to account for skill and experience, inflationary trends and other usual factors. At present,
the persons in the Firm who will be workingon this matter and their billing rates are as follows:
Andrew B. Stephens, Partner $350/hr.
Heather G. Hacker, Partner $350/hr.
HackerStephens.com 108 Wild Basin Rd South, Suite 250, Austin TX 78746 (512) 399-3022
ContacteHackerStephens. com
City of Lubbock
Page 2
The Firm understands that if the Firm's legal fees exceed $S0,000, this agreement will require
approval of the City Council.
Invoices and Expenses: It is our policy to forward invoices to client for legal fees and expenses
Incurred on a monthly basis. Our invoices are due and payable 30 days after receipt. Our invoices set
forth the detail of legal services rendered, the person rendering the same, the date on which that service
was rendered, and other details concerning out of pocket expenses or costs incurred. Out-of-pocket
expenses to be reimbursed by Client include, but are not limited to, printing and reproduction, certified
documents, travel, delivery and courier services, court filing fees, postage, electronic research, and other
charges. We bill expenses as soon as possible, but some expenses (such as electronic research) will not
appear until a month or two after the expense is incurred.
Termination: Either Client or the Firm may terminate the engagement upon ten (10) days written
notice for any reason, including nonpayment of legal fees. All legal fees and expenses incurred prior to
such termination date will become due and payable.
Document Retention Policy: Subject to the Firm's obligations in the event of its withdrawal from
representation, and further subject to situations beyond our control, the Firm shall attempt to retain and
maintain a complete copy of the files of the Firm relative to its legal representation of Client' interests,
as solely determined by the Firm, for a period of six (6) years following the conclusion of such legal
representation and during such time will allow the Client reasonable access to such files and will provide
a copy of the file to Client upon request. In the event of any termination of the engagement or the Firm's
withdrawal, Client will be promptly furnished a complete copy of the fi le for which the Firm was engaged.
Paper Copies of Court Filings: The Firm will store pleadings and other court filings prepared and
received in connection with the above -referenced matter in electronic format. Unless instructed
otherwise by Client in writing, the Firm will not retain paper copies of such pleadings or other court
filings.
Conflicts: We have not at this time identified any conflict created by our representation of Client
that would preclude us from representing Client. If, in the course of our representation of Client, the
Firm discovers and determines in its sole discretion that a conflict of interest exists, the Firm will notify
Client of such conflict. Likewise, in the event that Client identify an actual or potential conflict of interest,
Client will promptly notify the Firm.
Governing taw: The laws of the State of Texas shall govern the validity, construction,
interpretation, and enforcement of this engagement letter. This engagement letter contains the entire
agreement between Client and the Firm regarding the matters described herein, and the fees, charges
and expenses to be paid relative thereto, and supersedes all prior oral or written agreements in respect
thereof. The Client acknowledge that they are not relying upon any statement or representation by the
Firm except the representations set forth in this engagement letter. The Client are relying on their own
judgment in entering into this agreement. This engagement letter may only be amended in writing by
Client and the Firm and our respective legal representatives, successors and assigns.
State Bar Notice: The State Bar of Texas requires that we advise you that the State Bar
investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every
City of Lubbock
Page 3
complaint against or dispute with a lawyer involves professional misconduct, the State Bar's Office of
General Counsel will provide you with information about how to file a complaint. Please call
1.800.932.1900 for more information.
If this letter accurately reflects our agreement, please sign in the space provided below and
return a copy to our office. We look forward to working with you.
Very truly yours,
Heather Gebelin Hacker
For Hacker Stephens LLP
AGREED:
W. JarrettAtkinson, City Manager, on behalf of the City of Lubbock
City of Lubbock
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Very truly yours,
Heather Gebelin Hacker
For Hacker Stephens LLP
AGREED:
Dan Pope, Mayor, on behalf of the City of Lubbock
HACK ER STEP HENS,Lp
HEATHER GEBELIN HACKER
Partner
June 4, 2021
Chad Weaver, City Attorney
Dan Pope, Mayor
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Via Email: cweaver@mylubbock.us
Re: Lubbock Ordinance No. 2021, "Sanctuary City for the Unborn"
Dear Mayor Pope and Mr. Weaver:
(512) 399-3022
Heather@HackerStephens.com
Thank you for engaging Hacker Stephens LLP (the "Firm") to represent the City of Lubbock
('Client'). The purpose of this letter is to amend the terms of the original engagement letter dated May
14, 2021 in order to expand the scope of the engagement and accurately reflect the understanding of
the parties. To that end, the paragraph below shall supercede and replace the paragraph titled "Scope
of the Engagement' in the May 14, 2021 engagement letter:
Scope of the Engagement: You have requested that the Firm undertake legal
representation on behalf of Client in connection with Lubbock Ordinance No. 2021, "An
Ordinance Outlawing Abortion Within the City of Lubbock and Declaring Lubbock a
Sanctuary City for the Unborn." Specifically, the Firm intends to serve as lead litigation
counsel in legal matters concerning the above -referenced Ordinance. The Firm agrees
to accept and undertake this representation subject to the terms of this letter of
engagement, which may be amended later in writing subject to the agreement of both
parties. We wi I I use our best efforts in representing Client, but we cannot guarantee that
we will achieve a favorable outcome.
Please note that this engagement does not create an attorney -client relationship with any other
person or entity other than Client, including other parties involved in the above -referenced matters. If
this letter accurately reflects our agreement, please sign in the space provided below and return a copy
to our office. We appreciate the opportunityto continue to represent the City of Lubbock.
HackerStephens.com 108 Wild Basin Rd South, Suite 250, Austin TX 78746
(512) 399-3022
Contact@HackerStephens.com