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HomeMy WebLinkAboutMcMahon_Attorney_Fee_Agreement_2025_-_6.16.2025 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C STATS ATTORNEY-CLIENT FEE CONTRACT �ssoc�a��°2 Attorney & Firm Information Attorney Name: Austin J. McMahon Firm Name: Lange & McMahon, PLC Address: 222 First Street East, Independence, Iowa 50644 Phone: (319) 334-4488 Email: austin@langemcmahon.com Client Information Client Name: City of Waterloo, Iowa(C/O Martin Petersen, City Attorney) Address: 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-0141 Email: martin.petersen@waterloo-ia.org RE: ATTORNEY-CLIENT FEE CONTRACT Thank you for engaging Lange & McMahon, PLC ("Firm") to represent you as your legal counsel. We appreciate the confidence you have expressed by choosing our Firm. This letter addresses the scope and terms of our representation. Please carefully review the information provided in this document and sign the last page on the line above your name if you agree with the terms explained in this letter. Once you sign this document,the attorney engagement terms explained in this document shall become a binding, written contract (the "Agreement") governing our legal representation on your behalf. IDENTIFICATION OF PARTIES. This Agreement is made between the Firm and the City of Waterloo,Iowa("Client"). The Firm represents only Client and does not represent any other individual or entity in this matter.There are no intended third-party beneficiaries to the relationship between the Firm and Client. EFFECTIVE DATE. This Agreement is effective after Client signs on the last page. SCOPE OF REPRESENTATION. Client has engaged the Firm to perform legal services on behalf of Client relating to various affairs of Client,including but not limited to,planning and zoning,economic development, and litigation ("Scope of Representation"). The Firm will provide all legal services reasonably required to represent Client for the matter(scope of representation) described above. If we signed any previous contracts for representation, this contract replaces those earlier contracts. This ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 1 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C contract will control all future services provided by the Firm to the Client for the matter described under"Scope of Representation." The scope of the Firm's representation does not include advice or services regarding accounting,tax, securities or business management, and related non-legal matters and advice. If Client desires the Firm to consult with other professionals retained by Client regarding this matter,the Firm will communicate with Client in writing to confirm the scope of such consultations prior to consulting with any other professionals. If the Firm believes outside professional assistance is required to properly represent Client, the Firm will contact Client and discuss whether another professional should be retained. HOURLY FEES AND BILLING PRACTICES. The Firm will bill you for all of the work done on this case, based on the attorney's regular hourly rate at the time the work is completed. This includes, but is not limited to, research; meetings with client or third parties; emails with client or third parties; phone calls with client or third parties; drafting of documents;preparation for and attendance at meetings,mediations, depositions,hearings and trials, as well as all other work required for your case. All travel and waiting time related to the Attorney's attendance at mediations, trials or other required meetings will be billed to you as well. Time is billed in tenths of an hour for any work done on the case for a given day, including emails, listening to voicemails, or handling phone calls. Austin J. McMahon will be the attorney working on this matter, whose current hourly rate is $190.00 per hour. Although not expected, in the event that circumstances arise that make it reasonably necessary for other attorneys of the Firm to provide legal services, then, after providing notice to Client and acquiring consent of Client, such other attorneys of the firm will bill Client at the same rate as attorney Austin J. McMahon. The hourly rate shall not change except upon mutual written consent and agreement by and between the Firm and Client. The Firm holds itself to the highest standard in providing quality representation and legal services, and the Firm is committed to doing so in an efficient and cost-effective manner. The Firm encourages Client to advise whether Firm is providing representation and services of the nature, kind, and quality expected or desired. If, at any time, Client has questions or concerns regarding representation, including fees or expenses, the Firm strongly urges Client to contact the Firm, and more particularly, attorney Austin J. McMahon. INITIAL RETAINER. An initial retainer of$30,000.00 is due and payable from Client to the Firm at the time this Agreement is signed. This retainer provision is not a representation that the total fees and costs incurred will be equal to or less than the amount of the retainer. The retainer secures the Firm's services at the onset of the attorney/client relationship and, among other things, provides administrative benefits and convenience to Client and Firm. Upon the exhaustion of this initial retainer, the Firm has the right to require additional retainer payments. ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 2 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C COSTS AND EXPENSES. In additional to fees for services mentioned above, Client understands that Client is responsible for all expenses and costs for Client's case, including, but not limited to, photocopying; messenger, delivery and courier services; travel (including mileage, parking, airfare, lodging, meals and ground transportation); long-distance telephone calls; court costs and filing fees; witness fees; deposition costs; photographs; securing records or documents such as hospital records, police reports or medical reports; and medical examinations. The Firm will not advance expenses on behalf of Client. The Firm will notify Client of an upcoming expense and require Client to deliver payment to the Firm before the expense is incurred. If the Firm has retainer or other client funds held in trust,the Firm may use retainer funds to cover the expense but is not required to cover the expense from retainer funds. FIRM TRUST ACCOUNT. Until earned by the Firm, any retainer funds will be held in the Firm Trust Account, which is a trust account established pursuant to the Interest on Lawyer Trust Account program established by the Iowa Supreme Court. Firm's Trust Account is interest-bearing, and interest on this account is remitted to the Lawyer Trust Account Commission, State Capitol, Des Moines, Iowa 50319, as required by law. Client acknowledges that the Firm and the Firm have an Iowa Code section 602.10116 attorney lien on Client funds that have been placed into the Firm's Trust Account for fees and expenses due under this Agreement, and otherwise as provided by law. INVOICES The Firm will send a monthly invoice statement to Client that itemizes all fees and costs charged during that month. If retainer funds are being held in the Firm's Trust Account, sufficient funds to cover that month's invoice will be withdrawn from the Account, and the invoice will show such withdrawal as a credit toward the balance of incurred fees and costs. The balance shown on the invoice must be paid Client within thirty(45) days of the date of the invoice statement, and the Firm reserves the right to postpone or defer providing additional services or to discontinue representation if Client does not pay any invoice statement within forty-five, to the extent allowed by the Iowa Rules of Professional Conduct. CLIENT RESPONSIBILITIES. Client will cooperate with and assist the Firm. Cooperation means, at a minimum, providing information and records. Client will attend and appear at all events, meetings, conferences, examinations, depositions, court of administrative proceedings (including trials) that arise by virtue of the legal services provided to Client. Client understands that meetings, conferences, examinations,depositions,hearings and trials will usually be scheduled during regular working hours and that Client may be required to be absent from Client's place of employment at such times. Client will keep the Firm informed of any change in Client's address, phone number or email. Failure by Client to cooperate with and assist the Firm will be a basis for Firm to withdraw from representing Client. ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 3 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C COMMUNICATION EXPECTATION. The Firm shall promptly respond to communications received from Client.The Firm shall keep Client informed with respect to developments and the status of Client matters. The Firm encourages Client to promptly contact the Firm whenever Client has any questions or comments regarding services,fees,the status of Client matters,and whenever any relevant new facts or circumstances come to Client's attention. It is much easier to resolve any questions or issues when they arise. DOCUMENT RETENTION AND DESTRUCTION. During the Firm's representation of Client in this matter, the Firm will maintain a client file containing relevant original documents, copies of documents, and written, printed and electronic notes, correspondence and communications. Upon written request by Client, the Firm will provide Client with copies of any requested contents of the case file, including but not limited to, of any Firm attorney's personal notes,work product and internal administrative material. Upon written request by Client, the Firm will return to Client original documents in the case file when such original documents are no longer required by the Firm for legal services being provided or other legal purposes. In the event of a termination of the relationship between Client and Firm, Firm shall provide a copy of the entire Client file to Client. The Firm shall not be required to destroy Firm's copy of Client's file unless otherwise required by law. The Firm will retain a copy of Client's file pursuant to its regular retention policy. The advent of technology has greatly magnified the Firm's retention and storage capacity. Although the Firm does not have an intention at this time to destroy Client's file after a certain number of years following termination of the relationship, the Firm will retain Client's file for a minimum of 7 years and might destroy Client's file thereafter. TERMINATION OF FIRM'S REPRESENTATION. A. Discharge of Firm by Client. Client has the right at any time to terminate the Firm's representation by notifying the Firm in writing. B. Right of Firm to Withdraw/Terminate Representation. The Firm has the right to withdraw/terminate representation for just reason, upon delivery of written notice to Client. Just reasons for termination of this representation include, but are not limited to, Client's failure to honor the terms of this Agreement; Client's failure to cooperate with or assist the Firm; Client's failure to pay the Firm's invoices when due; Client's failure to follow the Firm's advice on a material matter; Client's requests that would require the Firm to violate the laws of Iowa,any other state or the United States, or the Iowa Rules of Professional Conduct; or any other fact or circumstance that would, in the Firm's view, render the Firm's continuing representation unlawful or unethical. If the Firm exercises the Firm's right to withdraw, Client will execute of any documents necessary to complete withdrawal by the Firm. C. Firm Fees, Costs and Expenses Due Upon Termination. On the date of termination of the Firm's representation, the entire unpaid balance of Client's account shall immediately become due and payable, including fees for all services rendered and costs or expenses paid or incurred on behalf of Client prior to the ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 4 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C date of such termination and any fees incurred for obtaining court permission to withdraw. Upon termination of the Firm's representation, Client authorizes the Firm to immediately withdraw Client funds from the Firm's Trust Account to pay any fees, costs or expenses incurred prior to the date of termination; and any Client funds remaining in the Firm's Trust Account after payment of said fees, costs and expenses shall be promptly returned to Client. D. Client Obligation to Consent to Withdrawal. If Iowa's court rules require the Firm to obtain court permission for the Firm's withdrawal, Client will sign a consent to withdrawal. Client understands that the Firm's withdrawal is contingent upon the court's permission, and that the Firm will be entitled to be paid for all services rendered and costs and expenses paid or incurred on behalf of Client until the date of withdrawal after court authorization. DISCLAIMER OF GUARANTEE. The Firm and its attorneys make no guarantee as to the outcome of any matter. Nothing in this Agreement and no statement to Client shall be construed as a promise or guarantee about the outcome. Further, the Firm and its attorneys make no guarantee as to the minimum or maximum fees to be incurred. CLIENT CONSENT TO COMMUNICATIONS & WARNING THAT ATTORNEY CLIENT PRIVILEGE MAY NOT APPLY TO ALL COMMUNICATIONS. Client consents to the Firm's communications with Client utilizing in-person contacts, telephone (including cellular telephone communications utilizing Client's cellular telephone number), electronic mail (e-mail), facsimile, and delivery and courier services. Client is advised and warned that, even upon execution of this Agreement, the attorney-client privilege does not automatically attach to every communication between Firm attorneys and personnel and Client. For example, sending or receiving emails using a computer, other device or email account where there is significant risk that a third-party may gain access can waive the attorney-client privilege. Firm takes all reasonable good faith efforts to ensure security of its communications with Client, but email and other transmissions are subject to hacking or other interception by third parties.The Firm encourages Client to advise of any particular preferences with respect to communications and the delivery of documents or items. MODIFICATION AND SEVERABILITY. Any modification to this Agreement will be in writing and signed by both parties. If any portion of this Agreement isbe found by a court of law to violate the laws of Iowa or the United States, that portion of the Agreement shall be severed, and the remainder of the Agreement shall remain in force and effect. CHOICE OF LAW AND CHOICE OF FORUM. In the event that there is a dispute in regard to this Agreement,the dispute shall be adjudicated under the laws of Iowa and the venue shall be Black Hawk County, Iowa. ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 5 Docusign Envelope ID: BC199373-9FCF-4483-8024-BFCA9F97456C The Firm looks forward to providing representation and legal services hereunder. If Client has any questions or concerns about these policies,please do not hesitate to contact the Firm. If Client agrees to the terms and conditions of the Firm's representation outlined in this letter, please sign on the signature line at the end of the Acceptance of Engagement Terms. Very truly yours, LANGE & MCMAHON, P.L.C., By: Austin J. McMahon ACCEPTANCE OF ENGAGEMENT TERMS The undersigned have each read the foregoing Contract and,having due authority to do so,hereby sign this Acceptance and agree to the terms set forth above and to be bound thereby. CITY OF WATERLOO, IOWA DocuSigned by: Docu Signed by: V, Rof kFeum Signature of Client or Client Representative Quentin Hart Kelley Felchle Printed Name of Client or Client Representative _Mayor City Clerk Title of Client Representative June 17th, 2025 Date Signed ©The Iowa State Bar Association 2025 Form No.160,Attorney Fee Contract IowaDocs® Revised March 2025 6