HomeMy WebLinkAboutDepartment of Veteran Affairs National Cemetery System Plan
Augusta Richmond GA
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PATTON BOGGS LLP
AIIORIIEYS AT LAW
r.~lW 0 4 1999
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2550 M Street. NW
Washington, DC 20037 -1350
202-457-6000
Facsimile 202.457.6315
March 16, 1999
Lansing B, Lee III
(202) 457-6527
llee@panonboggs.com
The Honorable Bob Young
Mayor of Augusta-Richmond County, Georgia
530 Greene Street
Augusta, Georgia
Re: Department of Veteran Affairs National Cemetery System-Ft. Gordon, Georgia
Dear Mr. Mayor:
Confirming our discussions in Washington last week, and our telephone conference today, we are
pleased that Augusta-Richmond County, Georgia is considering retaining Patton Boggs LLP to
represent it in connection with advocacy concerning the Department of Veteran Affairs National
Cemetery System plan for cemetery expansion and a proposed site at Ft. Gordon, Georgia.
To ensure that Augusta-Richmond County, Georgia and we have a common understanding of
the terms of our representation and to comply with the codes of professional responsibility for
the jurisdictions in which we practice, I have enclosed a statement describing the standard terms
of engagement for legal services to be provided by Patton Boggs, L.L.P. The terms of
engagement cover such matters as our procedure for handling potential conflicts of interest, fees,
costs and expenses, billing arrangements and terms of payment. Please review the document
carefully to ensure that it comports with your understanding.
This letter supplements and modifies the enclosed terms of engagement. If you have any
questions concerning the matters discussed in either document, please contact me promptly so
that I may address them with you,
I will be primarily responsible for the work done on behalf of Augusta-Richmond County,
Georgia. I anticipate that Jack Deschauer, a Partner who served many years in the Pentagon, and
possibly associates and legal assistants will assist in the matter under my supervision.
We have agreed that the fees for the professional work and time on the initial exploratory phase
will not exceed $10,000 and that we will not bill in excess of that except for disbursements. If we
find that we recommend pursuing the project, and you want us to proceed, then we will at that
time work out with you additional fees to go fOlWard,
Doc, 418764
BALTIMORE' DALLAS' DENVER' GREENSBORO' SEATTLE' WASHINGTON, DC
.
,
The Honorable Bob Young
March 16, 1999
Page 2
As explained more fully in the terms of engagement, we will determine our legal fees based on
our standard hourly billing rates in effect when the work is performed and the number of hours
worked by each attorney. Our hourly rates for attorneys who are likely to perform services on
Augusta-Richmond County, Georgia's behalf is as follows: My billing rate is $285 per hour. Jack
Deschauer's time is billed at $275 per hour; associate's billing time ranges from $120 to $234,
Generally, we adjust our billing rates for partners in January and those of our associates in
October, In addition to our fees for legal services, we also charge separately for certain costs and
expenses as described in the enclosed statement.
If these terms and conditions, including those set forth in the terms of engagement, meet with
your approval, I would appreciate your acknowledging acceptance of both documents by signing
and returning the enclosed copy of this letter. If you have any questions about these terms or
would like to discuss them, please call me as soon as possible so as not to impede our
commencing work on your behalf.
We look fOlWard to working with Augusta-Richmond County, Georgia to achieve a successful
result.
Cordially,
By:
B Young
~s Mayor
'TC~ ~
ATTEST: ~ __ _ .~
Lena J. Bo er
Clerk of Commission
TO AND ACCEPTED:
ENCLOSURE
Doc.#64111
PATTON BOGGS. L.L.P.
Standard Terms of Engagement for Legal Services
We appreciate your selection of our Firm to represent you. The purpose of this
statement is to provide you with important information about the scope of this
engagement, our fees and billing policies, and other terms that will govern our
relationship. While we do not wish to begin this relationship on an unduly formal
footing, it has been our experience that this statement is helpful to both the client and
the Firm.
Unless modified by the engagement letter forwarded along with this enclosure,
this statement sets forth the standard terms of our engagement as your lawyers. We
therefore ask that you carefully review it to ensure that it comports with your
understanding of our respective responsibilities. If you have any questions concerning
the matters discussed below, please contact us promptly so that we may address them
with you, We suggest that you retain a copy of this statement with your signed copy of
the accompanying engagement letter, as these terms will be an integral part of our
agreement with you,
The Scope of Our Engagement
The accompanying engagement letter describes the work we are to perform on
your behalf. We want you to have a clear understanding of the legal services we will
provide, and encourage you to review the letter and to discuss with us any questions
you may have concerning these services.
We will at all times act on your behalf to the best of our ability. During the course
of our representation, you may seek our professional opinion regarding the likely
ENCLOSURE
Doc.#64111
outcome of your legal matters, Any expressions (solicited or otherwise) on our part
concerning such possible outcomes are expressions of our best professional judgment,
but are not guarantees.
Before we begin representing a particular client, we try to determine whether
there are any conflicts of interest that would interfere with our representation of that
client's interests. Should we determine in the course of our representation that a
conflict has arisen, we will immediately notify you. We similarly ask you to notify us if
you become aware of any potential conflicts of interest. If either you or we conclude
that our representation should or must be terminated, we will do our best to protect your
interests by assisting in providing a smooth transition to new counsel.
It is our policy that we represent only the person or entity that is specifically
identified in our accompanying engagement letter and not any affiliates of that person
or entity. This means that if you are a corporation or partnership, or governmental
agency or department, our engagement does not include representation of any parents,
subsidiaries or affiliates, or other agencies or departments, Nor does it include
representation of any employees, officers, directors, shareholders of the corporation or
partners of the partnership, or agency or department, or commonly owned corporations,
joint ventures or other corporate, governmental or contractual affiliates or partnerships,
If you are an association, our representation does not include representation of any of
your individual members.
Accordingly, for conflict of interest purposes, by signing the enclosed
engagement letter, you are agreeing that we may represent another client with interests
adverse to any such affiliate or individual association member without obtaining your
further consent. Whether we will do so will depend on several factors, including the
jurisdiction in which the representation will be undertaken and whether (i) the adverse
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matter is the same as, or substantially related to, the matter on which the Firm is
representing you; (ii) there is a risk of adverse use or unauthorized disclosure of
confidences or secrets obtained during our representation of you; (iii) the representation
likely will have a material adverse effect on your financial condition; or (iv) the other
client would be adverse to an entity which is your "alter ego,"
We also wish to emphasize that Patton Boggs, L.L.P. provides a wide array of
legal services to many clients around the world. These services include legislative and
administrative representation on matters that may affect your interests, directly or
indirectly. Therefore, as a condition of our undertaking to represent any client on a
particular matter as described in our accompanying engagement letter, we ask each of
our clients to waive objection to any conflict of interest that might be deemed to be
created by our representation of other clients in legislative or administrative policy
matters that are unrelated to the specific representation we have been asked to
undertake on their behalf. Your waiver will permit us to represent another client in
advocating a change in law or policy in areas such as environmental or business
regulation, international trade, health care, or taxation, even if the policy we advocate
would or might have a direct or indirect adverse impact upon your interests. It is also
possible that some of our current or future clients will have disputes with you during the
time we are representing you. We therefore also ask each of our clients to agree that
we may continue to represent or may undertake in the future to represent existing or
new clients in any matter that is not substantially related to our work for you, even if the
interests of such clients in those unrelated matters are directly adverse to yours. We
agree, however, that your prospective consent to conflicting representation shall not
apply in any matter that is substantially related to the subject matter of our
representation of you, or as to which we have obtained from you sensitive, proprietary
or other confidential information of a non-public nature that, if known to any other such
client of ours, could be used by such client to the material disadvantage of your
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interests. We emphasize that the consent requested covers only matters that are
unrelated to the work for which you are currently engaging us, and we would not
undertake any representation that is related in any material way to the current matter.
In all cases, we will preserve the confidentiality of all non-public information that you
provide us, Your signature on the attached engagement letter will constitute your
agreement to the waivers requested in this paragraph. (We recognize that, in certain
jurisdictions, governmental agencies, unlike private parties, may not consent to adverse
representation by its counsel even in unrelated matters,)
It is also our policy that the attorney-client relationship will terminate upon our
completion of any services that you have retained us to perform, We hope, of course,
that you will choose to retain our Firm to perform further or additional services, Should
you do so, our attorney-client relationship will be re-established subject to these terms
of engagement, as they may be supplemented at that time,
Who Will Provide the Legal Services
Your representation will be supervised by the principal attorney specified in the
accompanying engagement letter. Subject to the principal attorney's supervision, other
lawyers, in-house consultants and/or legal assistants (paralegals) in the Firm may
perform services on your behalf. The staffing decisions are made by the principal
attorney with the objective of rendering timely and cost-effective services to you.
Whenever practicable, we will advise you of the names of those attorneys, in-house
consultants and legal assistants who work on your matters.
How Fees Will Be Set
Fees for services rendered will be based on the reasonable value of those
services as determined in accordance with the codes of professional responsibility for
the jurisdictions in which we practice. Fees will be based primarily on our standard
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hourly billing rates in effect at the time the work is performed and the numbers of hours
worked. Each attorney, legal assistant (paralegal), law clerk, and in-house consultant is
assigned a standard hourly billing rate, based on the person's experience, years of
practice, special expertise, and professional achievement. The accompanying
engagement letter details the current billing rates of the persons most likely to perform
the primary services on your behalf. The Firm typically adjusts these rates on an
annual basis to reflect current levels of legal experience, changes in overhead costs
and other factors,
Time for which a client will be charged will include, among other things,
telephone and office conferences with the client, witnesses, consultants, court
personnel and others; conferences among our legal personnel; factual investigations;
legal research; preparation of responses to clients' requests for us to provide
information to their auditors; drafting of letters, pleadings, briefs, memoranda and other
documents; travel time; and time in depositions, other discovery proceedings and in
court. We charge our time in units of one quarter of an hour.
We are often requested to estimate the amount of fees and costs likely to be
incurred in connection with a particular matter. Whenever possible we will furnish an
estimate based upon our professional judgment, but always with a clear understanding
that it is not a maximum or fixed fee quotation. All estimates are subject to unforeseen
circumstances and are by their nature inexact.
In rare cases, we will consider providing legal services on a contingent fee basis.
Any contingent fee arrangement must be reflected in a written contingent fee
agreement approved by our Contingent Fee Review Committee and our Executive
Committee.
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ENCLOSURE
Doc.#64111
Costs and Expenses
In addition to our fees for legal services, we also charge separately for certain
costs and expenses incurred in performing those services. These expenses may
include costs of photocopying, messenger and delivery service, computerized research,
travel, long-distance telephone calls, telecopying, filing fees, staff overtime expenses
and other similar costs and expenses. Certain of these items may be charged at more
than our direct cost to cover our overhead, Unless special arrangements are made at
the outset, fees and expenses of experts and consultants will be the responsibility of,
and will be billed directly to, the client.
Our policy requires other out-of-pocket charges in the amount of $1 ,000 or more
to be billed and paid by you to the Firm before the supplier can be paid. Because our
ability to render legal services on your behalf is often dependent upon the services of
these suppliers, prompt payment of these invoices is particularly important.
We reserve the right to make at your expense and retain copies of all documents
generated or received by us in the course of our representation, When you request
documents from us, copies that we generate shall also be made at your expense,
including both professional fees for time expended in reviewing files to be copied and
reproduction costs.
Billing Arrangements and Terms of Payment
We will bill you on a regular basis, ordinarily each month, for both fees and costs
and expenses. We generally send our statements in the second half of the month
following the month to which the bill relates. Our statements are payable upon
presentation. If any monthly statement is not paid in full within thirty days of its date,
then we may assess a late charge on the unpaid balance at the rate of 1.0% per month
until full payment is made,
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We will notify you promptly if your account becomes delinquent, and you agree
to bring the account or the advance deposit current when so notified. If the delinquency
continues and you do not arrange satisfactory payment terms, we reserve the right to
postpone or defer providing additional services or to withdraw from the representation
and pursue collection of your account. If collection activities are necessary, you agree
to pay to us any costs we may incur in collecting the debt, including court costs, filing
fees and a reasonable attorney's fee,
Termination of Representation
You may terminate our representation at any time, with or without cause, by
notifying us. If such termination occurs, upon your request, we will promptly return to
you any papers or property that you have given to us, subject to our rights, where
permitted by applicable rules of professional conduct, to retain such papers or property
as security for the payment of any outstanding fees, costs or expenses. We will retain
our own work-product pertaining to the case for a reasonable period of time after such
termination. It is our general policy not to retain copies of files or other records relating
to an engagement for more than five years after completion of the services you have
asked us to perform, Thereafter, we destroy those files unless the client tells us
otherwise. If you want us to keep files for a longer period of time, please tell us. Your
termination of our services will not affect your responsibility for payment of legal
services rendered and costs and expenses incurred before termination and in
connection with an orderly transition of the matter.
We are subject to the rules of professional responsibility for the jurisdictions in
which we practice, which list several types of conduct or circumstances that require or
allow us to withdraw from representing a client, including for example: nonpayment of
fees or costs, misrepresentation of or failure to disclose material facts, action contrary
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to our advice, conflict of interest with another client or, if in our judgment, any fact or
circumstance would render our continuing representation unlawful or unethical. If
withdrawal ever becomes necessary, we will take all reasonable measures to ensure a
smooth transition to new counsel. Your signature on the engagement letter
accompanying this statement constitutes your agreement not to contest our motion to
withdraw from any court or administrative proceeding in these circumstances.
Insurance Coverage
It is possible that you may have insurance policies relating to a matter with
respect to which you request our assistance, You should carefully check all policies
and, if coverage may be available, notify the insurance company about the matters as
soon as possible. We do not undertake any responsibility to advise you as to the
existence, applicability or availability of insurance coverage for any of the matters to be
handled by us unless you have provided us with copies of your policies of insurance
and expressly request our advice as to potential coverage under those policies. If an
insurance company undertakes the payment of any portion of our statements, you will
still remain responsible for any amounts not paid by the insurance company,
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