Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

each participating firm. regard, within thirty ( 30) days following receipt of payment under the terms of a settlement or an award on Client' s behalf, Associate Counsel will be paid 10% of the attorney' s fees paid pursuant to this agreement and Attorneys will receive 90% of the attorney' s fees. The Client will pay no more in fees with the. inclusion of Associate Counsel than Client would pay pursuant to this contract if the Attorneys solely represented Client. However, Client does agree to pay incidental costs incurred by Associate Counsel on Client' s behalf in the same manner and to the same extent Client has agreed to the Attorneys costs. Client agrees that the Attorneys and 153- 2/ 17/ 2010 -  Page 4 of 4 Associate Counsel each will be responsible to represent Client' s interests, and each will be available for consultation. Gregory R. Miller, Esq. Beggs & Lane, RLLP 215 S. Monroe Street, Suite 710 Tallahassee, FL 32301 Phone: 850 - 391 - 0001 Fax: 850 - 469 - 3331 www. beggslane. com grm@beggslane. com CONFIDENTIALITY NOTICE This e - mail and any files transmitted with it are confidential and are intended solely for the use and benefit of the individual or entity to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e -mail to the intended recipient, be advised that you have received this e - mail in error, and that any use, dissemination, forwarding, printing, or copying of e - mail is strictly prohibited. If you received this e - mail in error, please immediately notify Beggs & Lane, RLLP by return e -mail or at telephone number ( 850) 3' 91 - 0001. You will be reimbursed for the reasonable costs of notifying the sender. Further, Florida Statutes, Section 119. 071 ( 1)( d) provides an exemption from inspection or disclosure of certain public records prepared for litigation, and adversarial administrative proceedings. 2/ 17/ 2010 - 154-  AT`TORIG EV - CLIENT AGREEMENT AGREEMENT' made this I day of February, 2010 between the Ft.. Walton Beach General Etnployees' Pension Fund, hereinafter referred to as " Client" and ,.Begogs Lane, RLLP ante Levin, Papantonlo, Thomas, Mitchell, Echsner &- Proctor, P. A. and Associates, P.A., hereinafter collectively referred to as " Attomeys.", In Ledbetter & consideration of the mutual covenants herein contain 1, the parties hereto a&tree - a s follows: I Nature of Service. Client hereby employs Atttarneys to represent Clefs interests in connection with Merrill Lynch' s advice as money monitor. 2. Consideration. In consideration of the services to be rendered by Attorneys on behalf of Client, pursuant to this Agreement, Client agrees to compensate Attorneys with contingent fee of the following percentage( s). of the total -.ecovery. A. If recovery is made before the filing of an answer or the demand for appointment of arbitrators or if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action-. i. 33 1/ 3 % of any recovery up to $ 1 million; plus ii. 30% of any portion of the, recovery between $ 1 million and $ 2 million; plus 10% of any portion of the recovery exceeding S2 million. B. If recovery is made after the filing of an answer or the demand f6r appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry ofjudgment: i, 35% of any recovery up to $ 1 million; plus ii. 30% between S I million and $ 2 of any portion of the recovery million; plus 21 million. iii. 20% of any portion of the recovery exceeding $ C. An additional - 5% will be added to the fee for any recovery after the. institution of any appellate proceeding or post-judgment relief or if action is required for recovery on the judgment. 11. Fee C alculation. This contingency 9 fee applies to any sums obtained on Client' s judgment, settlement, bankruptcy proceedingsl behalf whether they are recovered by award, government- imposed reparations proceedings., or otherwise and you grant Attorneys an interest in said amount from any such recovery. The - total" recovery is the value, at the time of settlement limited to, compensatory or collection, of any cash or property received. including but not damages, punitive damages, in--crest, costs, or attorneys' fees. The total recovery is calculated on W l If a court or arbitration panel the amount obtained before the deduction of costs and expenses. awards attorneys' fees. Attorneys shall receive the -- greater of the contingent fee or such an If review is sougght in state or federal award as may be imposed by the court or arbitration pwiel. award rendered in your court by way of an appeal or a motion to vacate Or modify any arbitration specific case. including further appeals to the state or federal appellate courts frorn any judgment entered by a lower coull, a separate attorney-client agreement will be entered into, 4. Costs and Advances. This employment is upon a continixent basis. Until a recovery is made in the case, Attorneys will advance costs in connection with this representation of Client. However. if and when a recovery is made, all ck)sts, including those previously paid by Attorneys, will be paid from the proceeds of the recovery. A. Costs shall include, but not be limited to, cash and non- cash expenditures for: ( 1) filing fees, ( 2) subpoenas, () court reporting services' ( 4) depositions, ( 5) witness fees; 6) in-house and ioutside investigation sen!ices; ( 7) expert witness fees; ( 8) records and reports; 9) Lexisf,:Nexis[ Westlaw and other computer research and on- line service costs-, ( 1 fit) photographs, ( 11) in-house and outside photocopies; ( 1 2) facsimiles, ( 13) long-distance telephone calls; ( 14.) postage, liederal express, UPS, and other overnight service charges, ( 15) mediation. fees, ( 16) travel costs including but not limited to, airfare, mileage, rental cars, lodging, meals. and other related expenses; ( 17) in-house and outside trial exhibits. and ( 18) in- house and outside multi• media B. ridual costs, Attorneys also charge In addition to the above listed indi% common benefit costs to clients in cases where Attorneys represent multiple clients in similar litigation. Common benefit costs are costs expended by Attorneys for the common benefit of a group of clients. These costs are spread among the entire group of clients. regardless of whether a client retained Attornevs* services early in the litigation process or late in the litigation process gAtion and regardless of whether the costs were incurred before or after the client retained Attorneys' services. For example., if a deposition of a defendant expert witness is taken in one case, and this deposition can be, used for mid/or benefit the claims of many other clients, Attorneys classify these costs as common benefit Costs, regardless of whether this cost was incurred before or after a client retained 'Attorneys' services. Similarly,, if Attorneys spend $ 30. 000 to hire an expert to offer an opinion on a topic affecting many clients, then instead of charging the entire $ 30,000 to the first client who utilizes this expert. Attorneys allocate the costs arnong all the clients in the group, regardless of whether this cost was incurred before or after a client retained our services. Thus. if Attorneys have 100 clients being represented in similar litigation, each client is charged, 300 of the expert -fee instead A the first client being charged $ 30,000. By using this common benefit cost system, no one client has to solely bear the costs which actually benefit the group as a whole, and many of the most substantial costs of litigation can be shared equally by For all. Common benefit costs include any and all costs which can benefit a group of clients. example, to the extent charges benefit a group of clients, common benefit charges may include and postage, faxes, telephone, copies, experts, investigation, computer research, transportation. many of the costs incurred in actually trying one client' s case before a jury. C. Unless a recovery is made there will be no obligation by the Client to pay 6); provided however. if costs incurred by the Attorneys except as provided in paragraph six ( Client refuses to accept a sellement offer recommended by Attorneys, Client agrees to be responsible for all costs subsequently incurred by Attorneys notwithstanding anything herein to the contrary.  Payment. The contingent f6e is due at the time of recovery and is based upon the total recovery and shall be paid before. all other distributions, including ally costs advanced. by Attorneys. 6. Termination of SerNices. Client ack-nowledgres that payment of Attorneys'