HomeMy WebLinkAbout20121293.tiff WITWER, OLDENBURG, BARRY&JOHNSON, LLP
Attorneys at Law
822 7th Street,Suite 760
Greeley, CO 80631
STOW L.WITWER,JR. TELEPHONE: (970)352-3161
R.SAM OLDENBURG FACSIMILE: (970)352-3165
JOHN J.BARRY
JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS
PATRICK M.GROOM
KENT A.NAUGHTON
',GROOM(MOB HAW.COM
E 911 Authority
1150O St.
Greeley, CO 80631
Attn: Barbara Kirkmeyer
Re: Legal Representation
Dear Barbara:
The purpose of this letter is to set forth the terms of engagement of Witwer,Oldenburg,Barry
&Johnson,LLP (the"Firm") to represent you with respect to General Representation matters. We
appreciate your decision to engage our services, and in accordance with our regular practice,we wish
to make certain that you know how we determine our fees and how we will handle this matter. This
letter will define several aspects of our relationship so that you and we will have a clear
understanding of our agreement. Unless we specifically agree otherwise,other work which we may
do for you on other matters will also be performed pursuant to the terms of this agreement.
Services to be Provided:The Firm will provide legal services concerning the following matter:
General Representation.
I will be the attorney in our office with primary responsibility for the matter. However,other
attorneys may work on the matter from time to time. We will provide services as we determine are
reasonably necessary, including legal research,factual investigation and preparation of documents.
Confidential comments between us will be subject to the client-attorney privilege,pursuant to which
we are prevented from disclosing the information unless otherwise required to do so by statute,case
law or court rules.
Fees: We will charge for this matter on an hourly fee basis. Our hourly rates are established
for each attorney depending upon the nature and length of his or her experience and the particular
skills required. Such rates are reviewed and revised periodically. My current billing rate is$200.00
per hour. We routinely make disbursements on behalf of clients for significant(not routine)phone
calls and facsimile messages, outside copying expenses, courier charges, travel expenses, express
deliveries and mileage. All of these expenses will be charged to your account at our cost. Further,
with your permission, we may engage the services of outside experts, consultants, specialists or
others. We may ask that you pay those fees directly to the outside party. While we may from time to
time furnish you with estimates of the amount of fees which we anticipate will be charged with
respect to services to be performed under this agreement, such estimates are by their nature inexact
and cannot be binding upon either of us.
2012-1293
WITWER, OLDENBURG, BARRY & JOHNSON, LLP
Engagement Agreement
April 30, 2012
Page 2 of 3
significant services. We send monthly or periodic statements which shall include charges for legal
fees for the services performed as well as for disbursements incurred during the statement period.
Payment is due upon receipt of our invoice, but in no event later than thirty (30) days after a
statement is sent.
Other Clients and Possibility of Conflict: The Firm represents many other clients, and it is
possible that a current or future client may be involved in a transaction with you or have a dispute
with you. In cases where the other client's matter is not substantially related to our current
representation of you,professional standards allow the Firm to proceed with the new representation
without additional consultation with you. On the other hand, if a future client's matter is
substantially related to our current representation of you, if representation is permitted under
professional standards, the Firm must obtain your consent before proceeding to represent the other
client in that matter. Lacking that consent, we would decline the new representation due to the
conflict. There are also circumstances in which the Firm may feel compelled to withdraw from
representing you, including those involving a conflict of interest between you and another client of
the Firm. In the event the Firm withdraws from representation, we will make every effort to
transition your legal matter to a successor law firm in a smooth manner. In such circumstances, the
Firm will assume responsibility for its out-of-pocket expenses relating to the duplication and
physical transfer of your files. In no event will our representation of another client involve use of
confidential information which we have obtained as a result of representing you.
Records and Documents. If you provide original documents with the understanding that they
belong to you and that you wish to have them returned, they will be returned upon request. With
regard to the materials which the Firm accumulates in connection with representing you, including
copies of matters filed with outside agencies or with courts, they will be the property of the Firm.
Upon termination of representation, the Firm, at your request, will return to any property belonging
to you and any files relating to our representation except private notes of lawyers and our employees.
If then you wish us to transfer records to a third party, you must provide written authorization and
direction with regard thereto. The Firm will have the right,at its discretion, to dispose of these files
at any time that it is no longer representing you,and after such destruction,our files will no longer be
available.
Termination of Services:You have the right at any time to terminate our services upon written
notice to us, and immediately after receiving such notice, we shall cease to render additional
services. Such termination shall not, however, relieve you of the obligation to pay the fees for
services rendered and disbursements incurred prior to such termination. If you should fail to meet
your obligations under this agreement and continue to fail to do so for ten (10) days or more after
written notice from us, we shall have the right to terminate our representation. Should we elect to do
so,you agree to cooperate in freeing us of any obligation to perform further,including the execution
WITWER, OLDENBURG, BARRY & JOHNSON, LLP
Engagement Agreement
April 30, 2012
Page 3 of 3
written notice from us,we shall have the right to terminate our representation. Should we elect to do
so,you agree to cooperate in freeing us of any obligation to perform further, including the execution
and delivery of a substitution of attorneys. Absent further agreement, our current representation of
you will end no later than the point that we have performed no legal services in connection with this
engagement for a period of six (6) months
If you agree that it is appropriate that the Firm represent it under these terms and conditions, I
would appreciate signing an enclosed copy of this letter and returning it to the Firm,indicating your
agreement with the terms of representation. Of course, should you have any questions or comments
of any kind, please feel free to call me.
Very truly yours,
WITWER OLDENBURG
BARRY&JOHNSON LLP
Patrick M. Groom
AGREED TO:
(44.1/-tint
Barbara Kirkmeyef for E 911 Authority
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