HomeMy WebLinkAbout890033.tiff RESOLUTION
RE: APPROVE CONTINGENT FEE AGREEMENT WITH HENRY C. FREY AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contingent Fee
Agreement with Henry C. Frey concerning legal services for Jesse
Swank, and
WHEREAS, the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contingent Fee
Agreement with Henry C. Frey concerning legal services for Jesse
Swank be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
January, A.D. , 1989 .
•
BOARD OF COUNTY COMMISSIONERS
ATTEST: ° WELD COUNTY, COLORADO
Weld County C erk and Recorder
and Clerk to the Board C.W. ir•y, C. -irman
(Hi) fi�� Ja, que onehnson, Pro-Tem
eputy County erk
EXCUSED DATE OF SIGNING - AYE
APPRO ED A TO FORM: Gene R. Brantner
CGeorge en —y
County Attorney
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� CONTINGENT FEE AGREEMENT
� The Client, Weld County Department of Social Services as Legal Custodian
for Jesse Swank, a minor, retains the Attorney, Henry C. Frey, of SHADE,
DOYLE, KLEIN, OTIS & FREY, whose address is 300 Greeley National Bank Plaza,
Greeley, Colorado, 80631, to perform the legal services mentioned below. The
Attorney agrees to perform such services faithfully and with due diligence.
It is agreed that the term "Attorney" includes not only Henry C. Frey but any
partners, associates, or members of his firm, together with any attorneys
outside the firm with whom the Attorney may associate in the preparation of
the Client's case.
1. The claim, controversy, and other matters with reference to which
services are to be performed are: Injuries sustained by Jesse Swank, a minor,
in an automobile accident that occurred on or about April 2, 1985.
2. The contingency upon which compensation is to be paid is the
recovery by settlement, negotiation, arbitration, appeal, or otherwise of any
and all compensation for the Client's injuries or damages.
3. The Client is not to be liable to pay compensation otherwise than
from amounts collected for the Client by the Attorney, except that: (a) The
Client shall, regardless of the outcome of the case or amount collected, be
liable for costs or expenses incurred by the Attorney in providing services to
the Client. The Client understands that it is ultimately responsible for
payment of all costs and expenses incurred in the preparation and presentation
of this case and that only the payment of the Attorney's fees is contingent
upon the outcome of this matter. Examples of costs and expenses which may be
incurred in this matter include, but are not limited to: court filing fees ;
costs for service of process; jury fees; costs for obtaining medical records
or doctor's reports ; expert witness fees; consultation fees with experts ;
costs for hiring investigators, engineers, or accident reconstruction experts ;
costs for obtaining photographs, diagrams, models, or other demonstrative.
evidence; costs for taking depositions ; witness fees and subpoena expenses ;
costs of appeal, if an appeal is taken, including appeal bonds; travel
expenses ; photocopying expenses; long distance telephone expenses, etc. It is
expressly understood that if a counterclaim or similar action is successfully
asserted against the Client as part of this case, the Client is solely
responsible for payment or satisfaction of such an award, together with any
interest, costs, attorney's fees, or other form of compensation or recovery
awarded to an opposing party; and (b) it is not contemplated in entering into
this Contingent Fee Agreement that any sort of counterclaim, cross-claim, or
similar action will be brought against the Client as part of this case.
Further, it is not contemplated that the Attorney will defend any
counterclaim, cross-claim, or similar action brought against the Client based
on this Contingent Fee Agreement. Therefore, if any such action is brought
against the Client as part of this case, the Attorney and the Client will
discuss additional or alternative fee arrangements.
4. The Client and the Attorney have discussed various potential fee
arrangements . The Attorney has offered to handle the Client's case on a
straight hourly rate basis, but the Client has elected to have the Attorney
g9CC33
handle this matter on a contingent fee basis. The Client will pay the
Attorney, including all associated counsel, a total of 33-1/3 percent of the
gross amount collected, including punitive damages and interest. This
percentage shall be applicable regardless of whether a lawsuit is filed and
regardless of whether the filing of a lawsuit results in a trial. If an
appeal is taken by either litigant, the Client will pay the Attorney, in-
cluding all associated counsel, 33-1/3 percent of the gross amount collected,
including punitive damages and interest.
5. The Client is in any event to be liable to the Attorney for reason-
able expenses, costs, and disbursements as set forth in paragraph 3. Such
expenses and disbursements are not capable of exact determination at this
time. Authority is given to the Attorney to incur expenses and make disburse-
ments up to a maximum of $2,000, which limitation shall not be exceeded
without the Client's further written authority. Payment of costs will be
handled upon completion of the case. The Client shall be entitled to an
accounting concerning all such disbursements or expenditures .
6. Neither party shall agree to settle or compromise this claim without
first consulting with and receiving consent from the other party to this
agreement.
7. The Client may terminate this agreement by notifying the Attorney in
writing. If permission for withdrawal from this agreement is required by the
rules of any court, the Attorney shall withdraw upon the granting of such
permission by the Court. If the Client terminates the employment relation-
ship, the Client shall pay the Attorney, including any associated counsel, the
greater of the following amounts:
a. At the rate of $90. 00 per hour for all services
rendered as of the date of the Attorney's receipt of the
clients letter of termination;
b. or a sum equal to the percentage under the above
contingent fee agreement of the most recent settlement
offer received from the opposing party or parties. The
Attorney and all associated counsel shall keep accurate
records of the amount of time on the Client's case.
8. The Attorney may withdraw as counsel of record for the Client and
may terminate this agreement for any just reason by notifying the Client in
writing. Examples of reasons for such termination include, but are not
limited to: the Client's failure to cooperate with the Attorney or associated
counsel; if the Attorney is compelled to withdraw by virtue of ethical
considerations, including those contained in the Code of Professional Res-
ponsibility; and the Client' s failure to cooperate with the Attorney.
9. If attorney's fees are awarded in this case to the Attorney or to
the Client pursuant to the provisions of a statute or court rule, the Attorney
shall be entitled to receive, as the fee in this matter, the greater of the
following: p�n
2 p 890033
a. The statutory fee awarded by the Court ; or
b. One-third of the sum of the statutory fee and the gross amount
collected.
d into providing for
10. In the event structured
m' snt is claim, theestructured settlement
deferred periodic payments as to the Client
of attorney's fees to the Attorney
omr,y atso a elects for a lump sum payment over a period of
or, at the election of the Attorney, for periodic payments resent value of
years. The fees of the Attorney shall be based upon ththecturl net
cost nt of suoh
the negotiated structured settlement as determined by
settlement, to the extent that the actual cost is ascertainable.
r/ 11. The signature of the Client below constitutes the Clien
' foconsent
and authorization for the Attorney to withdraw for any of
sucreasons.
WE HAVE EACH READ THE FOREGOING AGREEMENT BEFORE SIGNING IT AND
ACKNOWLEDGE A RECEIPT OF A COPY OF THIS AGREEMENT.
e
Date
Henry C Fr y, Attorney at aw
..
nit' c7 /r`l!�Eug a McKenna, irector�" tC �� Date
We County Department of Social
Services
Legal Custodial for Jesse Swank
6.3112A3C / /1—.7
Date
Tom Da Id
Weld County Attorney
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RECORDER
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890033
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