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HomeMy WebLinkAboutResolution - 2008-R0156 - Ratify Retention Of Legal Services For The City And Employees Against AAG - 04/24/2008Resolution No. 2008-80156 April 24, 2008 Item No. 5.26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Council acknowledges and ratifies the retention of legal services concerning the City of Lubbock and city employees against ICON Benefit Administrators II, L.P./American Administrative Group (and including without limitation, the Parker Group, Inc., and affiliates thereof), which formerly served as the city's third party administrator for the City of Lubbock's Health Plan. Passed by the City Council this 24th day of April, 2008. David A. Willer, Mayor ATTEST: Ree a Garza, City Secretary APP OVED AS TO FORM AND CONTENT: IL -, 1, 71 Anita Burgess, City Attorney rvlccdocs/Lega]SerReten tion.041708 Resolution No. 2008-RO156 BYRD & ASSOCIATES Attorneys at Law MICHAEL L. BYRD 7816 OKLANDo AVENUE Reply to: mhyrd byrayiirm.com LUBBOCK, TEXAs 79423 P.O. Box 65163 MARK CHISHOLM (806) 788-0181 LUBBOCK, TEXAS 74464 mchlsholmabyrdfirm.com FAX (806) 788-0187 March 28, 2008 RECEIVED Ms. Anita Burgess MAR 3City � ZODB CITYOF L UBBOCK 1XY ATTORNEY Post Office Box 2000 Lubbock, Texas 79457-0001 Re: Cause No. CC -08-01067-13; Icon Benefit Administrators II, L.P. and American Administrative Group, Inc, v. Joella Mullin, Stanley Self, Andrea Davenport, Lee Ann Dumbauld, Scott Snider, Leisa Hutcheson, and Unknown Others; In the County Court at Law No. 2 of Dallas County, Texas. Dear Ms, Burgess: LETTER OF ENGAGEMENT As you are aware, Leisa Hutcheson has retained this firm to represent her in all matters relating to the above referenced lawsuit. It is my understanding the City of Lubbock will pay the attorneys fees and expenses Ms. Hutcheson will incur in connection with our representation of her. By way of this engagement letter, I want to confirm the scope of our representation of Leisa and our billing practices relating to same. Our goal is to provide Leisa with quality legal services, on schedule, and at a reasonable cost. Using our professional judgement, we will endeavor to assign work on her behalf to attorneys and personnel we deem appropriate under the circumstances. Although we will do our best to serve Leisa effectively, we cannot guarantee success on any given matter. Our fees for services are calculated based upon the applicable hourly rate for the attorney and/or paralegal doing the work. Per my agreement with Lcisa, I will bill our services on an hourly basis, as follows: 1. Michael L. Byrd - $200.00 per hour 2. Mark F. Chisholm - $150.00 per hour 3. Paralegals - $ 75.00 per hour Ms. Anita Burgess March 28, 2008 In the course of rendering legal services to Leisa, it may be necessary for us to incur expenses for items such as filing and recording fees, deposition transcripts, computerized legal research, overnight or special delivery service, postage, photocopying, facsimile transmissions, telephone calls, travel, lodging, meals, etc. It is my understanding the City will reimburse all reasonable and necessary expenses incurred. These expense items will be itemized and billed separately on our statements. Third -party expenses, such as deposition costs, may be forwarded directly to you for payment. Generally, our statements are prepared and mailed on a monthly to sixty (60) day basis unless your guidelines require otherwise. Each statement is reviewed in advance by the responsible attorney and then processed through our accounting department. All statements are payable upon presentation. Assuming this correspondence accurately reflects your understanding of my agreement with Leisa, I ask that you please sign below where indicated acknowledging same and return a copy to me. Thank you for your attention to this matter. With kindest regards, we remain, Yours very truly, BYRD & ASSOCIA ES Michael L. Byrd MLB/gdo Approved by: P e CL"h wM a r. (d may, City of Lubbock &� M"At, "LLIUUN LA W .FIRM JAMES L. KILLION * SAMANTHA PEABODY ESTRELLO** ' BOARD CERTIFIED PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION '• ALSO LICENSED IN NEW MEXICO PERSONAL & CONFIDENTIAL Mr. Scott Snider City of Lubbock Post Office Box 2000 Lubbock, Texas 79457 2521 74TH STREET LUBBOCK, TEXAS 79423 P.O. Box 64670 LUBBOCK, TEXAS 79464-4670 April 10, 2008 Resolution No. 2008-RO156 TELEPHONE: (806) 748-5504 TELECOPIER: (806) 748-5505 Cal Re: Cause No. CC -08-01067-B; in the County Court at Law No. 2 of Dallas County, Texas; ICON Benefit Administrators II, L.P. and American Administrative Group, Inc. vs. Joella Mullin, Stanley Self, Andrea Davenport, Lee Ann Dumbauld, Scott Snider, Leisa Hutchenson, and Unknown Others Dear Mr. Snider: On behalf of Killion Law Firm, may I express our appreciation for your expression of confidence in selecting our firm to represent you in regard to all claims, disputes and issues related to your -dispute with ICON Benefit Administrators II, L.P. and American Administrative Group, Inc. You have agreed to take responsibility for the following or we have agreed that the following will not be undertaken by our law firm: You will timely furnish us with all appropriate facts, witnesses, and documentation. You are hereby advised and you acknowledge that you have an obligation to provide all information requested, and that your failure to provide such information in a timely manner could result in the exclusion of necessary witnesses and documents at trial, could result in monetary and other sanctions being ordered against you, and could have a serious detrimental effect on the potential recovery from your claim. Consistent with our prior communication, I am confirming that we have been retained to act on your behalf relating to matters relative to your case or matter and any other matters you might refer to us. As I advised you earlier, Lubbock City Attorney Anita Burgess requested an accommodation that I reduce the rate of my attorney's fees to be consistent with those charged by other outside counsel representing the City of Lubbock and its employees in this litigation. Although my usual hourly rate is $300.00, and that is the rate all of my hourly clients pay, I want to accommodate the City and Ms. Burgess. Accordingly, from March 1, 2008 and thereafter, I will charge all legal services at the hourly rate of $225.00. You will be required to pay all costs and expenses incurred by our firm on your behalf, as well as Court costs ordered or fees assessed by the Court. Costs, expenses and fees are payable regardless of the outcome of the case or matter. April 10, 2008 Page -2- Our firm agrees to perform legal services on your behalf faithfully and with due diligence. We are authorized to pay on your behalf any bills associated with this case, whether incurred by you or us. Whether said bills are paid by us or not, you will remain liable for the same until they are discharged in full. We charge portal to portal. Our firm reserves the right to assign more than one lawyer on each matter, where we deem necessary, and we will use paralegals and law clerks to otherwise lower your potential bill. However, the undersigned shall be principally responsible for rendering legal services on your matter. In some instances, we may jointly agree that the anticipated project shall be done for a fixed project fee, but unless there is such prior written agreement, we will consistently charge on our hourly arrangement, plus any additional costs as aforesaid. Clients often request an estimate of fees for a project. When quoting an estimate, we do our best to give a reasonable approximation. It is impossible, however, to know the full scope and complexity of a project until firm personnel become involved in the actual rendition of services. Therefore, any estimate is only an estimate and it is not intended to be relied upon as a total or a maximum fee for services to be charged. You are obligated to pay the firm all fees and expenses charged to you regardless of any estimate of fees provided to you. In the event we are required to travel on your behalf, we will charge at our regular rates and shall be authorized to use appropriate air transportation and accommodations at your expense. In regard to all legal services rendered by our firm, we will customarily be incurring photocopying, postage, computerized legal research, long distance calls, and other "out of pocket" expenses. All costs which we reasonably deem necessary in the prosecution of the rendition of legal services on your behalf would be at your expense (e.g., depositions, service of process, duplication of documents, filing fees, etc.) except, however, any unusual expenses (e.g., use of an independent expert or professional) would only be incurred after you would have approved the same. Client will not be billed for overtime or rush messenger services because priority was given to other clients or activities of the firm. Copies of all pleadings, discovery material, and correspondence will be sent to client simultaneously with their submission to courts and/or third parties. You may specifically request the right to review drafts before finalization of same. April 10, 2008 Page -3- It is our firm's present practice to send periodic statements no less frequently than monthly, but, depending upon the nature and magnitude of services, we may bill more frequently. Our bills are due and payable upon receipt; balances are past due if not paid in full within 30 days after the date of the invoice and will accrue interest at the rate of 10 percent per annum until paid. In this connection, you will find our Invoice No. 10553 for legal services rendered during the month of February, 2008, which we would appreciate your placing in line for payment. You acknowledge that we have made no guarantee regarding the successful determination of this matter(s). All expressions relative thereto are matters of our preliminary opinions based on our current superficial knowledge of the subject matters. You agree that we may withdraw upon written notice being sent to you if any bill is not paid within 30 days after mailing, if you have refused to follow our advice, or if you have refused to cooperate with us in the representation of the case. You agree to compensate us for the cost of preparation of motions to withdraw and related documents and hearings. It is agreed that you will bear all costs of collection, including reasonable attorney's fees, if payments are not made as agreed. You warrant and acknowledge that you have the financial ability to discharge all fees, cost and expenses contemplated by this Agreement. The receipt by you of a fully executed copy of this Agreement is acknowledged by your signature hereon, and if this Agreement is signed by two or more parties, it is a joint and several obligation. All parties agree that this Agreement may be signed in counterparts as if the original document had original signatures from all parties on the original document. I will be the attorney in charge of your account and will be the appropriate person to contact for services to be rendered on your behalf by our firm. Please do not hesitate to call me or my partner. The Firm will retain your file for a minimum of three (3) years after the termination of the representation described herein, at which time the file may be disposed of in a confidential manner at the discretion of the firm. April 10, 2008 Page -4- We appreciate your courtesies and look forward to representing you. Sincerely,. KILLION LAW FIRM e By J s L. Killion cc: City of Lubbock Attn: Rebecca Veach Post Office Box 2000 Lubbock, Texas 79457 cc: Ms. Julie Blackburn Hammerman &. Gainer, Inc. Post Office Box 53814 Lubbock, Texas 79453 Resolution No. 2008-Ro156 INFORMATION SHEET I have been advised that there are no guarantees or promises which my attorney can or will make to me with regard to my prospects of winning or prevailing in my claims and/or defenses. I acknowledge that I must cooperate fully with my attorney in the furtherance of my case, for any lack of total cooperation on my part will lessen my chances of ultimate success. I have been advised that my attorney cannot give me more than a rough estimate of what my total attorney's fee bill and costs will be, and I understand that no estimates will be given unless specifically asked for and that their use is discouraged. I understand that any such estimates of attorneys' fees and costs are solely estimates and are not binding on my attorney. I have been advised that my attorney may use paralegals and law clerks to do legal research, witness interviews, and other functions on my case. My attorney may collaborate with another attorney of Killion Law Firm, attorneys on my case, and this other attorney may do some work on my case. I have been advised that the legal process has many delays built into the system; and, therefore, the fact that my attorney does not contact me for some time does not mean he is not working on my case. Rather, delays in the advancement of my case may be caused by: crowded court calendars, continuances sought by opposing counsel, court rules permitting as long as forty-five days for opposing counsel to answer questions and request for documents, and numerous other factors. I agree that I will contact my attorney to discuss any comments, questions and criticisms that I have about my case so that I will be fully aware of and understand my case. I understand that communication with my attorney is as much my responsibility as it is his. The State Bar of Texas requires that all clients be given notice that the State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar Office of General Counsel will provide me with information about how to file a complaint. For more information, please call 1-$00-932-1900. The Texas Lawyer's Creed - A Mandate for Professionalism can be accessed at the following website: http://www.txethics.oriiLreference creed.as , or my attorney will provide me a copy upon request. I understand that my attorney bills me for his time and costs because this is how he makes a living. I agree to pay my bills promptly upon receipt unless I have questions about my bill. If I do have questions about part or all of a bill, I agree to call my attorney immediately to seek clarification, and upon receipt of the same, I agree to pay my bill in a timely manner. I understand that my failure to pay my bill promptly may result in my attorney withdrawing from my case. 04/15/2008 15:54 FAX 806 765 8829 dones,Flygare,Brown&Whar .TONES, FLYGARE, BROWN & WHARTON A PRoMSSIONAL CORPORATION ATTORNEYs AT LAw 1600 CMC CENTER PLAZA LUMOCK, TExAs 79401 OFFICE OF: James L. Wh rton I April 15, 2008 Anita Burgess 1625 13'h Street Lubbock, TX 7 457 0001 REPLY To P.O. Box 2426 LuBaom TExAs 79408 TELEPHONE: 806 765-8851 TELECOPIER: 806 765-8829 RE: o. 2007-540,024 Icon Benefit Administrators II L.P. and American Administrative Group, Inc. in the 72" District Court of Lubbock County, Texas; OUR FILE 90.1478 Dear Anita: This will confirin my understanding that the City of Lubbock, by and through the City Council, has engaged my firni, Jones, Flygare, Brown & Wharton to handle all things necessary in regards to the litigation invol 'ng ICON, AAG and HealthSmart, including by not limited to, litigation pending in Lubbock County, Federal District Court, and arbitration before the American Arbitration Association. Our current rats for this representation will be the rate of $235.00 per hour plus necessary and reasonable expises. We will bill these matters on a monthly basis. litigation and arbitration. JLW:tlw We look forward to a successful conclusion to this Very truly yours, 7 L. Wharton APR -1-5-08 15:55 8AR.RY D. PETERS0',4 THDM^S P. EARA)3 VANfSSA BUM RD BA LY N. PRUrTT CPKLS L1. PARKER •• FL4ETTS.IIUBDARD} KAaA L. REEVES LMERTY R LAY Of �rs_�cl: ROBERT D. FOR-RtSTEK ERNEST A FMEY_ 1R. FROM -Paterson Farris Pruitt Parker 6663722907 T-576 P. 002/003 F-909 Resolution No. 2008—RO156 PETERSON FARRIS PRLFITT & PARKER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P°"°"°�" ��5 rV. Rnsscll Pompe, TX 79063 CHASE TOWER, L6 12116 610+665-9766 baa S, TYLER, SUITE 1600 FAX; e,wc45�7sc AMARILLO. TEX^S 5061374-5317 9naW ccnirma, FAX_ 806/172-2107r� s eormf vrtL +P st'4i 1d WIT A[11"In Niyll IRg Add rcw- '0" law -Nesneeaf mjo-5 y Trial Low P.O. Box 9620 tUl—Cd is T -W and t kW Mento Amarillo, TX 79105-9620 entail; tFarris'c@p&1n%vf-2rm_rom April 15, 2008 Ms. Anita Burgess City Attorney City of Lubbock P. a. Box 2000 Lubbock, TX 79457 Re-, No. CC -08-01067-B, County Court at Taw 42, Dallas County, Texas-, ICON Benefit Adminisirators !I, LP and American .4dministrative Group, Inc. v. Joella .Mullin, Stanley Self, Andrea Davenport, Lee Ann Dumbould, Scott Snider, Leisa Hutchinson, and Unknown Others Dear Ids. Burgess: This is to confirm that the Cite of Lubbock has retained Peterson Farris Pruitt Parker to represent Lee Ann Dumbauld in Cause No. CC -08-01067-B pending in Dallas County, Texas. We understand the terms of our agreement to be as follows; Tom Farris and I shall act as lead counsel for Peterson Farris Pruitt & Parker, and shall be the responsible attorneys for the firm. This ineans we will bear overall responsibility for the conduct of all matters and for billing of Our work. From time to time, however, we may be assisted by other atrorneys in the firm, including partners or associates and paralegals, when it is apparent that such assistance is not only appropriate in this matter, but will also result in lower costs. Our hourly charge wiEl be $235 per hour. Hourly charges for the other member of the firm and for paralegals will be less and will be consistent with the usual rates charged for the services of these individuals in similar martens. As an example, fee rates for less experienced attorneys io our firm will range from $185 downward to $165. The work for paralegals will be $75 per hour. APR -15-06 15:55 FROM -Peterson Farris Pruitt Parker 9063722107 T-576 P.0O3/003 F-909 There will be no billing for routine services of secretaries, word processors and other support staff. in addition to the hourly fees of professionals and paralegals, we will bill for out-of-pocket expenses incurred, such as special postage or expedited delivery fees, long distance calls, photocopies, travel expenses, any goverwriental or court fees incurred and staff overtime expenses where directly attributable to the representation of Lee Ann Dumbauld. Billing of fees and expenses incurred will be on a billing period of thirty days. payratmi of bills will be due within thirty days after the first day of the month following the date of the fee statesner)t. We appreciate your contidence in us, and we appreciate the opportunity to work with you. Tease let us .know at any time if you have any questions, recommendations, or suggestions. Enclosed with this letter is a copy of rhe letter, bearing a place for a signanue of an authorized representative of the City of Lubbock. if this letter accurately reflects aur arrangement, please have the authorized representative sign a copy thereof and return it to us at the abcve address_ CDP.sh Sincerely, Chr D, Parker APPROVED: City of Lubbock s PI0"Armjm= -