Clapp Ferrucci/Legal/Engagement LetterSean M. Clapp, Attorney at Law
sean@seanmclapp.com March 30, 2016
VIA ELECTRONIC MAIL ONLY
City of Carmel
c/o Douglas C. Haney, City Attorney
dilaney@carniel.in.gov
Re: Representation by Clapp Ferrucci/Eminent Domain Matters
Dear Doug:
Thank you for askingus to serve as legal -counsel for the City of Carmel. We are pleased
that we will have an opportunity to:work with you. -
It is our general practice to .write a letter to new clients describing the basis upon which
fees and costs are billed..' While we may have already discussed this, and we. may have already
commenced work on the ,matter, we send this letter to confirm with you in writing before too
much time passes, how, when and upon what basis we will bill for services rendered and costs
incurred.
Like most lawyers, we generally bill by the -hour. The fees for our lawyers and paralegal
involved in performing services arebilled at the rates in effect at the time the work is performed
and may, after consultation, include adjustments. for novelty, complexity,, extraordinary time
demands, written opinions and the like. We reserve -the right to raise our hourly rates upon
giving you prior written notice. 'Our hourly rate for these eminent domain matters is $265.00.
We will bill you monthly. You will pay the amount.of invoice within 30 days of the date
of the invoice. If you fail to make the payment within 30 days, we will begin charging interest as
of the 3Is' day at twelve percent, (I2%o).per annum and notify you of your delinquency. When:we
notify you, you will have ten . days to become current. If you do not become current after
receiving our notice, we reserve the'right to withdraw.from your representation. We do accept
American Express, Diners Club, Discover, Mastercard and Visa to provide you with payment
.options.
Unlike most law firms, we generally do not bill for routine office expenses such as
copies, long distance charges, faxes;;'or electronic research. We do, however, bill for postage and
certified mail expenses in excess of $3.00 per day. We also bill for out -of -pocket costs and
expenses incurred in my, representation. like secretarial overtime, messenger service, overnight
mail, travel expenses, 'mileage reimbursement, and parking reimbursement; if necessary. Bills
for major expenses, such as deposition appearance fees or transcript costs may be sent directly to
you -for payment. All such costs and expenses are to be borne by the City of Carmel, and I will
submit monthly'statements for my fees, and costs advanced on your behalf.
Each monthly invoice that you receive will set forth in detail the legal services performed
and costs incurred during the billing period. Subsequent statements and reminders do not
contain that detail. Therefore, if you have any questions regarding a. particular .invoice, it is
extremely helpful if you discuss it with me immediately. It becomes more, difficult to track
down problems if you wait -several weeks.
We will also adhere to the Standard Terms and Conditions of Engagement of the City of
Carmel ("City Terms"), as outlined in Exhibit A to this .letter, and to the. extent any terms of this
letter differ from.the City Terms, the:City Terms shall govern and control. .
If you have any questions regarding the nature of my representation or the basis upon
which I will determine fees, please do not hesitate to call me at any time. On the other hand, if
all is in order, 1 would appreciate your so noting by your executing a copy of this letter and
returning it to me.
Finally, we will copy you on all correspondence; documents, filings, etc. received and/or
sent on your behalf. Unless you advise us otherwise, all such documents will be sent toyou via
electronic mail.
I look forward to working with you on this matter and appreciate your looking to me for
assistance.
S' cerely yours,
Sean M. Clapp
The foregoing -terms are approved and accepted this _F ay of � �,I2016, by:
CITY OF CARMEL
By: Douglas C. Haney, City Attorney
Approved and Adopted this � day of , 20-1.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
I:_
Jams Brainard, Presid'.ng Officer
Date:
Mary An Burke, �em� . /'WDate:
Lori S. atso mbe /14
Date: �a n
Exhibit A
Standard Terms and Conditions of Engagement of City of Carmel ("Client")
1. Fees and expenses will be billed,montbly. Payment is due within thirty-five (35) days
from the date that the. Client receives the statement.
2. Any legal proceedings brought under or pursuant to this -engagement agreement may be
brought in Circuit or Superior Court of Hamilton County, Indiana.
3. Clapp Ferrucci's right to terminate this engagement is subject to its obligations under the
Indiana'Rules of Professional Conduct.
4. The Client will not be charged for messenger, courier or express deliver charges when
reasonable time management would allow service by regular U.S: Mail or by electronic means.
5. The Client will not be charged over $0.10 per page for B/W copies or over $0.20 per
page for color photocopies.
6. The. Client will not be charged more than $0.54 per mile for travel expenses nor more
than $15.00 per day for meal expenses.
7. The Client will not, be charged for facsimile transmissions except for the actual cost of
long distance transmissions that originate from Clapp Ferrucci.
8. The Client will be charged only for the actual cost of binders and other office supplies not
normally included in our hourly rate.
0. The Client will not 'be charged for staff overtime.
10. The Client will be charged only for the time of the person with the highest hourly rate,
when more than one lawyer or staff person is involved in an intra -office communication or a
teleconference.
11. The Client will not be charged for the time taken by more than one employee to review a
court order, to calendar a hearing or otherwise relevant date or to review a legal document or
research a memo.
12. The Client will not be charged for the attendance -of more than one attorney at meetings
or hearings, except that two attorneys may represent the Client at trial or Court hearing.
13. The Client will only pay for theactual cost of computer .research.