HomeMy WebLinkAboutBarnes & Thornburg/DOL 10/07/2003 16:52 FAX � el002
ry/"� V1/olit I106,b3/03
BARNESÞBURG& 1 lOR1 V BlJ RG 11 Booth Meridian Street
Indianapolis.Indiana 46204-3535 U.S.A.
(317)236-1313
Fax(317)231.743.3
Brian L.Burdick www.btlaw com
Om 231.7393
Email:bburdiek@btlaw.com
(Revised Version)
October 7,2003
Honorable James Brainard
Mayor, City of Carmel
One Civic Square COVED AS TO FORM
Cannel, Indiana 46032
Re: Special Counsel Services
Dear Mayor Brainard:
We are very pleased to serve as special counsel to the City of Carmel (hereinafter
"City"). This letter confirms the terms on which our Finn will serve as special counsel in this
relationship.
SCOPE OF SERVICES
As special counsel to the City, we will perform the following legal services as and when
requested by you:
1. Meet with City key personnel regarding strategy matters related to eminent
domain and potential litigation.
2. Provide all legal research required in preparation of pursuing eminent domain and
litigation matters.
3. Represent the City in all facets of any litigation or other court action if filed.
4. Attend any meetings as requested by the City.
CONFLICTS
You are aware that our Finn represents many other governmental and business entities.
As you know, it is possible that during the time we are representing the City, some of our present
or future clients will have disputes or transactions with the City. You have previously consented
to our representation of those present and future clients on a prospective basis involving matters
which are adverse to the City,but unrelated to any work we are doing for the City.
Our representation of clients is governed by the Rules of Professional Conduct("RPC"),
as adopted by the Supreme Court of Indiana. Under Rule 1.7(a) of the RPC, we are precluded
from representing a client if representation of that client will be directly adverse to another client
Indianapolis Fnrt Wnyno S,onla Bend alkh.ut Chic gu Waehingrnn, D.C.
10/07/2003 16:52 FAX 11003
The Honorable James Brainard
October 7,2003
Page 2 of 4
unless(1)we reasonably believe that our representation will not adversely affect our relationship
with the other client and (2) each client consents after consultation. Furthermore, under Rule
1.7(b)of the RPC,we are precluded from representing a client if representation of that client will
be materially limited by responsibilities to another client or our own interests unless (1) we
reasonably believe that the representation will not be adversely affected and (2) our client
consents after consultation.
By executing this letter, the City specifically reaffirms its consent given to the firm and
agrees that we may continue to represent or may undertake in the future to represent any existing
or new client in any matter that is not substantially related to our work for the City in this matter,
even if the interests of such client in such other matter are directly adverse to the City. We
agree, however, that your prospective consent to conflicting representation contained in the
preceding sentence shall not apply in any instance where, as a result of our representation of the
City, we have obtained proprietary or other confidential information of a nonpublic nature, that,
if known to such other client, could be used in such other matter by such other client to the
material disadvantage of the City.
FEES AND CHARGES
Our fees in this matter will be based on the hours actually worked by each lawyer and
legal assistant involved in this matter. These fees will be computed using the hourly billing rates
for the lawyer and legal assistant and the type of work involved that are in effect at the time you
are billed for the work. Generally speaking, our billing rates vary in accordance with the
experience and seniority of the lawyers and legal assistants performing the services. Our billing
rates are adjusted annually. Nick Kile's current rate is$255 per hour and Joe Chapelle's current
rate is $250. We will only bill the City for the time of one (1) lawyer involved in intra-office
conferences. We will bill at one-half the normal hourly rate for our travel time.
In representing our clients, we also make other charges in addition to our fees. Typical
other charges include authorized messenger,courier and express delivery charges; printing and
reproduction charges at 100E per page; filing fees; and computerized legal research charges.
Certain of these other charges may represent more than our direct cost to cover our overhead.
Our fees and other charges will be billed on a monthly basis and are due upon receipt.
You may terminate our engagement as special counsel in this matter at any time simply
by notifying us. We may terminate our engagement for nonpayment of our fees and other
charges and where we are required or permitted to do so by the Rules of Professional Conduct
after giving you reasonable notice and allowing time for you to engage successor counsel, if
necessary.
GENERAL
I will be the lawyer in charge of this effort and will assume primary responsibility for
ensuring that the City's needs are satisfied. Under my supervision, your work or parts of it may
be performed by other lawyers and legal assistants in the firm. This delegation may be for the
purpose of involving lawyers or legal assistants with experience and knowledge in a given area
BARNESÞBURG
10/07/2003 16:52 FAX PJ 004
The Honorable James Brainard
October 7,2003
Page 3 of 4
or for the purpose of providing services on the most efficient and timely basis. Whenever
practicable, we will advise you of the names of those lawyers and legal assistants who work on
your matters.
Our legal assistants are not lawyers but possess training, experience and skills that enable
them to assist our lawyers in discharging their responsibilities. They include law clerks
(typically law students), paralegals, investigators, research librarians, environmental analysts,
translators, draftsmen and other technical(non-lawyer)specialists.
I will coordinate our firm's work on this matter. From time to time other lawyers and
legal assistants at the firm will work on this matter, depending upon their expertise and
experience" Nick Kile and Joe Chapelle will be two of those lawyers. My responsibilities
include selecting personnel to provide our services to you in a cost-effective manner.
CONCLUSION
If this letter accurately sets forth our agreement and your understanding, please so
indicate in the space provided below and return a signed copy of this letter to me. We ask you to
acknowledge that, in reviewing and executing this letter, you have not relied on any advice
provided by our Firm but instead have acted solely in reliance upon the advice of other counsel.
We look forward to working with you on this matter. If you have any questions, please
call me:
Sincerely,
Brian L"Burdick
BLB/ls
cc: Nicholas K.Kile,Esq.
AGREED AND ACKNOWLEDGED:
CITY OF CA.RMEL
By: -
James C. Brainard,Mayor
Date:
BARNESÞBURG
10/07/2003 16:53 FAX !005
The Honorable James Brainard
October 7,2003
Page 4 of 4
Approved and adopted this day of /G" Ot'`e003.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
0.7
Jam rainard,P esidin SO„fflc
Date:
Mary Ann urke,Member
Date:
Lori S. Watson,Member
Date:
liI/ 51
AT ST: Sandra
A9„ y
Diana L. Cordray, M lerk- surer WO*tbr�
Date:
INUSUI BLS 59M443 v2
BARNESÞBURG