KING & SPAULDING LLP - Laserfiche WebLink

Home Browse Search

City Attorney's Office for Santa Ana May 27, 2020 Page 2 information you have supplied that we have retained will be kept confidential in accordance with applicable rules of professional conduct. We will promptly return your papers and property at your request upon payment of outstanding fees and costs and will retain our own files, including lawyer work product and we retain all intellectual property in our work. We will transfer all retained documents to the personnel responsible for administering the firm's records retention program. You agree that we may securely dispose of or destroy any files you have not requested to be returned to you a reasonable time after termination of this matter in accordance with our document management policy, which currently calls for retention of materials pertaining to a matter for at least ten years after the matter ends. You are engaging our turn to provide legal services in connection with a specific matter. After completion of the matter, changes may occur in applicable laws or regulations that could affect your rights and liabilities. You agree that, unless you actually engage us after the matter's completion to provide additional advice on issues arising from the matter, we will have no continuing obligation to advise as to future developments. 3. Fees and Expenses. The firm's fees are based primarily on the hourly billing rate for each attorney and legal assistant devoting time to a matter. The firm's hourly billing rates for attorneys working on this matter will be $640. Time for paralegals and legal assistants will be billed at agreed upon rates that will be substantially lower than attorney rates. The firm will not charge for partner Quyen Ta's travel time for this matter. Other factors may be taken into consideration in determining the firm's fees in accordance with applicable rules of professional conduct. The firm and you have agreed that the total sum to be expended by you for the first phase of work under the scope of this agreement shall not exceed $350,000. You acknowledge that you were provided with 100 hours of initial time on this matter at no charge when firm partners Quyen Ta, Arwen Johnson, and Craig Bessenger were at their prior law firm. You also acknowledge that estimates and budgets are uncertain and not guarantees, and that this amount is not intended to serve as a cap on fees due to the firm for its services within the scope of this agreement. The firm will seek prior approval from you before undertaking work that would cause us to exceed $350,000. If the firm recovers attorneys' fees for its services in this matter, those fees will be donated to the City of Santa Ana. The firm's invoices will include separate charges for expenses incurred in performing its services, such as photocopying, delivery services, computerized research, and search and filing fees. Third party providers' fees and expenses, such as for consultants, appraisers, experts, and local counsel, will be billed directly to you by the provider. Invoices will normally be sent monthly for work performed and expenses posted the previous month. Payment is due within 30 days of your receipt of the firm's invoice. If any invoice remains unpaid for an unreasonable length of time, the firm may cease performing services for you or withdraw from the engagement unless satisfactory arrangements are made to pay outstanding invoices and future fees and expenses. Unless you and we have agreed that our compensation will be made on a contingent, capped, or flat fee basis, you understand that the cost of handling a matter is not predictable and that we have not made a commitment or promise as to the maximum fees and expenses necessary to complete a matter. You agree that, absent agreement on a contingent fee arrangement, payment of the firm's fees and costs does not depend on the ultimate outcome of a matter. WORKAMM36922579.0