HomeMy WebLinkAbout06882 - DEREK ANDERSON ATTORNEY SERVICES 1 —
DEREK T.ANDERSON,APC
1850 FIFTH AVENUE
SAN DIEGO, CALIFORNIA 92101
(619) 237-0099
March 24,2016
ATTORNEY-CLIENT FEE AGREEMENT
DEREK T. ANDERSON, APC ("Attorney"), JOHN MEJIA ("Client"), and CITY OF PALM
SPRINGS ("PS") hereby agree that Attorney will provide legal services on behalf of Client on
the terms set forth below.
1. CONDITIONS
This Agreement will not take effect, and Attorney will have no obligation to provide legal
services, until: (a) PS returns a signed copy of this Agreement; and (b) Attorney
acknowledges acceptance of representation by counter-signing this Agreement and returning
a fully executed copy to PS. Upon satisfaction of these conditions, this Agreement will be
deemed to take effect immediately.
2. SCOPE OF SERVICES AND ATTORNEY'S DUTIES
PS hires Attorney to provide legal services in the following matter: Defense of Client, a
sworn peace officer formerly in the employ of PS whom PS has a duty to defend and
indemnify for actions arising out of his former employment with Client, in Riverside
Superior Court Case No. PSC 1406472. Attorney will provide those legal services
reasonably required to represent Client. Attorney will take reasonable steps to keep Client
and PS informed of progress and to respond to Client's or PS inquiries. Attorney will
represent Client through trial and post-trial motions. This Agreement does not cover
representation on appeal or in collection proceedings after judgment or proceedings
regarding renewal of a judgment. A separate written agreement for these services or services
in any other matter not described above will be required. Attorney is representing Client only
in the matter described above.
3. CLIENT'S DUTIES
Client agrees to be truthful with Attorney and not withhold information. Further Client
agrees to cooperate, to keep Attorney informed of any information or developments which
may come to Client's attention, to abide by this Agreement, and to keep Attorney advised of
Client's address, telephone number and whereabouts. Client will assist Attorney by timely
providing necessary information and documents. Client agrees to appear at all legal
proceedings when Attorney deems it necessary, and Client agrees to generally to cooperate
fully with Attorney in all matters related to the preparation and presentation of Client's
defense.
Much 24,2016 Howly Fm Agreement
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4. LEGAL FEES AND BILLING PRACTICES
PS agrees to pay by the hour at Attorney's rates as set forth below for all time spent on
Client's matter by Attorney and Attorney's legal personnel. Current hourly rates for legal
personnel are as follows:
Derek T. Anderson $250.00/hour
Paralegals $100.00/hour
Law clerks $50.00/hour
The rates on this schedule are subject to change on 30 days written notice to PS. If PS
declines to pay increased rates, Attorney will have the right to withdraw as attorney for
Client if permitted under the Rules of Professional Conduct of the State Bar of California
and/or applicable law.
The time charged will include, but is not limited to, the time Attorney spends on telephone
calls, a-mails and other electronic communications relating to Client's matter, including calls
and a-mails with Client,witnesses, opposing counsel, court personnel or other persons. Time
is billed in minimum increments one-tenth (.1) of an hour. Attorney will charge for waiting
time in court and elsewhere and for travel time, both local and out of town.
5. COSTS AND OTHER CHARGES
(a) Attorney will incur various costs and expenses in performing legal services under this
Agreement. PS agrees to pay for all costs, disbursements and expenses in addition to the
hourly fees. The costs and expenses commonly include: service of process charges, filing
fees, court and deposition reporters' fees, translator/interpreter fees,jury fees, notary fees,
deposition costs, long distance telephone charges, messenger and other delivery fees,
postage, outside photocopying and other reproduction costs, travel costs including
parking, mileage, transportation, meals and hotel costs, investigation expenses,
consultants' fees, expert witness, professional, mediator, arbitrator and/or special master
fees and other similar items. The foregoing external costs and expenses will be charged
at Attorney's cost. Internal charges are billed at the following rates: (1) mileage — IRS
Standard Mileage Rate; (2) in-house printing and photocopying — 10 cents per page; (3)
facsimile charges — 10 cents per page; (4) postage at cost; and (5) computerized legal
research at cost.
(b) Out-of-town travel. PS agrees to pay transportation, meals, lodging and all other costs of
any necessary out-of-town travel by Attorney and Attorney's personnel. PS will also be
charged 50% of the hourly rates for the time legal personnel spend traveling.
(c) Experts, Consultants and Investigators. To aid in the preparation or presentation of
Client's case, it may become necessary to hire expert witnesses, consultants or
investigators. PS agrees to pay such fees and charges. Attorney will select any expert
witnesses, consultants or investigators to be hired, and Client and PS will be informed of
persons chosen and their charges.
(d) Attorney will obtain PS's consent before incurring any costs in excess of$500.00 [FIVE
March 24,2016 Hourly Fee Agrmmenl
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HUNDRED DOLLARS].
6. OTHER FEES AND COSTS
Client and PS understands that if Client's case proceeds to court action or arbitration, the
court may award attorney fees as well as some or all of the type of costs enumerated in
Paragraph 5 above to the other party or parties. Payment of such attorney fees and costs shall
be the sole responsibility of Client or City. Similarly, other parties may be required to pay
some or all of the fees and costs incurred by the Client. Client and PS acknowledge that any
such determination does not in and of itself affect the amount of the fees and costs to be paid
by PS to Attorney pursuant to this agreement.
7. BILLS
Attorney will send PS periodic bills for fees and costs incurred. Each bill will be payable
within 30 days of its mailing date. PS may request a bill at intervals of no less than 30 days.
If PS so requests, Attorney will provide one within 10 days. Bills for the fee portion of the
bill will include the amount, rate, basis for calculation, or other method of determination of
the Attorney's fees. Bills for the cost and expense portion of the bill will clearly identify the
costs and expenses incurred and the amount of the costs and expenses. PS agrees to
promptly review all bills rendered by Attorney and to promptly communicate any objections,
questions,or concerns about their contents.
S. CLIENT APPROVAL NECESSARY FOR SETTLEMENT
Attorney will not make any settlement or compromise of any nature of any of Client's claims
without Client's prior approval. Client retains the absolute right to accept or reject any
settlement.
9. DISCHARGE AND WITHDRAWAL
Client or PS may discharge Attorney at any time. Attorney may withdraw with Client's
consent or for good cause or if permitted under the Rules of Professional Conduct of the
State Bar of California and/or applicable law. Among the circumstances under which
Attorney may withdraw are: (a) with the consent of Client; (b) Client's conduct renders it
unreasonably difficult for the Attorney to carry out the employment effectively; and/or(c) PS
fails to pay Attorney's fees or costs as required by this Agreement. Notwithstanding the
discharge, PS will remain obligated to pay Attorney at the agreed rates for all services
provided and to reimburse Attorney for all costs advanced.
10. CONCLUSION OF SERVICES
When Attorney's services conclude, whether by completing the services covered by this
Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due
and payable immediately.
Client may have access to Client's case file at Attorney's office at any reasonable time. At
the end of the engagement, Client may request the return of Client's case file. If Client has
not requested the return of Client's file, and to the extent Attorney has not otherwise
delivered it or disposed of it consistent with Client's directions, Attorney will retain the case
fil&for a period of six years after which Attorney is authorized by this agreement to have the
case file destroyed. If Client would like Attorney to maintain Client's case file for more than
Mamh 24,2016 Hourly Fue Agreement
3
six years after the conclusion of Attorney's services for Client on a given matter, a separate
written agreement must be made between Attorney and Client, which may provide for Client
to bear the cost of maintaining the file. In the event Client requests that Attorney transfer
possession of Client's case file to Client or a third parry, Attorney is authorized to retain
copies of the case file at Attorney's expense. The case file includes Client papers and
property as defined in Rule 3-700(D)(1) of the California Rules of Professional Conduct.
11. DISCLAIMER OF GUARANTEE AND ESTIMATES
Nothing in this Agreement and nothing in Attorney's statements to Client will be construed
as a promise or guarantee about the outcome of the matter. Attorney makes no such
promises or guarantees. Attorney's comments about the outcome of the matter are
expressions of opinion only, are neither promises nor guarantees, and will not be construed as
promises or guarantees. Any deposits made by Client, or estimate of fees given by Attorney,
are not a representation of a flat fee and will not be a limitation on fees or a guarantee that
fees and costs will not exceed the amount of the deposit or estimate. Actual fees may vary
sigAificantly from estimates given.
12. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE
Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing
that I have professional liability insurance.
13. NO TAX ADVICE
Attorney has not been retained to provide Client with any tax advice concerning any of the
services described in paragraph 2. Any documents prepared by Attorney may have specific
tax ramifications. To be sure Client understands and is certain of all the potential tax
consequences, Client should consult with tax advisors regarding these matters.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties. No other agreement, statement,
or promise made on or before the effective date of this Agreement will be binding on the
parties.
15. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable for any
reason, the remainder of that provision and of the entire Agreement will be severable and
remain in effect.
16. MODIFICATION BY SUBSEQUENT AGREEMENT
This Agreement may be modified by subsequent agreement of the parties only by an
instrument in writing signed by both of them.
17. EFFECTIVE DATE
This Agreement will govern all legal services performed by Attorney on behalf of Client
commencing with the date Attorney fast performed services. The date at the beginning of
this Agreement is for reference only. Even if this Agreement does not take effect, Client will
March 24,2016 Hourly Fee Agreement
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be obligated to pay Attorney the reasonable value of any services Attorney may have
performed for Client.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,
JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS
AGREEMENT. CLIENT WILL RECEIVE A FULLY EXECUTED COPY OF THIS
AGREEMENT.
DATED: By:
John Mejia
Address:
Tcicphone ` . /'�
DATED: By: (,/�� /���
Douglas C. Holland
Address: 555 Anton Blvd., Suite 1200
Costa Mesa, California 92626
Tcicphone: (714)559-7000
E-snail Address: dholland@wss-law.com
DATED: lS 116 DEREK T.AND RSON, APC
By: i
Derek T. Anderson
March 24,2016 1W rly Fa Agwim it
5
be obli;ialed lo jla\ Allolllc� the je;ismihlc %altie (,I am eiNice,, Alwllw may hnw
1,11F. PARI'll-Is ll.%\ V READ AND tADIA(sTOOD *1111t FORE.Go1 ,4(; _11.1ols "_M)
wim, ro im it m vs oi: 'ri ii.: i):vilt Al TORNEN FIRST P ROV I D it D SLRV R I F.S. IF
\1ORE' 1"11AN ONE CLIFNA SIGNS li1-:I.O\N. VACII ACREES TO " 1,1:
wivro AND SEVERAMM FOR ki.l. Ojjj.j(;.k'1'I0NS UNDER TIIIS
kGREENIEW. CIALY] Wil.l. RM EAVE, A I.TlA.\ EXI,".(T.I U) MIN OF 'I Ills
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AddresN:
Telephone:
Douglas C. I lolland
Addl,CNS: 555 ;\111011 M\LL. Sllii� 1-2( ()
('t),jzj \Jesil. Uidilonlia
Mphone: 0 141 555T1tH)
E'-mail AkIdress: dholk"Id( l \\'ss-h'w.ck)'l'
I)A'I I D: j)jjjU._K T. ANDERSON. APC
13 V:
Dcrek T. Andcr-son
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•Form War Request for Taxpayer Give Form to the
(Rev Ja%ary201t1 identification Number and Certification requester.Do not
Depart of the Treasury send to the IRS.
Internal Peverxne Sensce
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List account numbers)here(optional) V
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name'line social security nII1u—mTlbler�lll III�TII III—' 11T�III
re avoid backup le pr .withholding.For individuals,this is your social security number n SN)page
However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I mslnlcbpns on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
T!N on page 3.
N Ole.It the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
I
Certification
Under penalties of perjury.I certify that:
1 The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me),and
2. 1 am not subject to backup withholding because:(a)1 am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a lailure to report all interest of dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding.and
3. 1 am a U.S.citizen or other U.S.person(defined below).
Certification instructions.You must cross out item 2 above if you have been.notihec by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dlvlde ds on your tax r m.For real estate transactions,item 2 does not apply For mortgage
interest paid.acquisition or abandonment of secured operty,cant lion of debt,contributions to an individual retirement arrangement IRA),and
generally,payments other than interest and dlvid ,yo are n required to sign the certification,but you must provide your correct TIN.See the
Instructions on page 4.
Sign signalure of
Here IU.S.person 11, Data 1.
General Instructions Note.If a requester gives you a form other than Form W9 to request
your TIN,you must use the requester's form it it is substantially similar
Section references are to the Internal Revenue Code unless otherwise to this Form W-9.
noted.
Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct laxpayer identification number(TIN)to report,for -A partnership,corporation,company,or assoclalum created or
example,income paid to you,real estate transactions,mortgage Interest orgamted in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation a An estate(other than a foreign estate),Or
of debt,or contributions you made to an IRA.
A domestic(rust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident
alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: business in the United States are generally required to pay a withholding
tax an any foreign partners'share of income from such business.
1.Certify that the TIN you are giving is coned(or you are wafting fora number to be issued), Further,in certain cases where a Form W9 has not been received,a
partnership is required to presume that a partner is a foreign
P p eq p g person,
2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore.it you are a V.S.person that Is a
3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat No. 10231x Farm1N-g(Rev 1-20tl)
Memorandum
To: Geoff Kiehl, Director of Finance
James Thompson, City Clem^��, � /
From: Douglas Holland, City Attor ey � y),�t
Date: July 7, 2016 I
Re: Attorney Services Agreement—Grossman v. City PSC 1406472
Derek Anderson has been retained to represent John Mejia, a former Palm Springs
police officer, in the above matter. This was discussed with the City Council and the City
Manager in closed session on March 16, 2016 and Council authorized Mr. Anderson's
retention. Separate representation is required due to an alleged conflict Mejia believes
exists between him and the City. (The City and Officer Desmarais is represented by
Stefanie Vaudreuil of Liebert Cassidy. My Office has a conflict due to our representation
of the City in a disciplinary matter involving Mr. Mejia.
Attached is the agreement between the City and Mr. Anderson, a copy of his W-9, and
three months of billings with a total amount of 17,022.72. 1 have reviewed and approved
these payments. I would appreciate your processing payment as soon as possible.
Noot -