PAUL, ELKIND, BRANZ & KELTON, P.A.
TERMS OF ENGAGEMENT AGREEMENT
The statement set forth the standard terms of our engagement as your lawyers. Unless modified in writing by mutual agreement, these terms will be an integral part of our agreement with you. Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions.
The Scope of Our Work
You should have a clear understanding of the legal services we will provide. Any questions that you have should be dealt with promptly. Our services are limited to the matter identified in the attached letter. We will rely, to the extent appropriate under the circumstances, on the information and materials which you provide to us in the provision of our legal services. We cannot provide you with investment, business, accounting or tax advice.
The attached letter:
August 24, 2017
Town of White Springs, Attention: Stacy Tebo
Re: Town of White Springs-Hearing re: Removal of Town Council Member
Dear Ms. Tebo:
I want to thank you for the opportunity to represent the town staff of the Town of White Springs, regarding an upcoming hearing to determine the removal of Town Council Member Dr. Helen B. Miller. I would ask that you please allow this letter to confirm the terms of our engagement. My duties will be to represent the town’s staff, to include the Town Manager, at the hearing before the Town Council regarding the removal of Councilmember Miller pursuant to Section 2.03 of the Town’s Charter. I understand that the Town Attorney will advise the Town Council regarding all procedural issues during the hearing and will otherwise represent the Town as an entity during this process. It is further my understanding that the Town Council has, by majority vote, authorized my representation as set forth in this letter and that the Town will be responsible to pay my fees. I have agreed to bill at a rate of $250 per hour, and that I have agreed to bill a flat charge of 5.0 hours for each trip to White Springs. We have anticipated that I will only make one trip for the hearing and that all preparation with staff will be done telephonically. I will not take any phone calls from members of the public nor any other person other than yourself, unless you specifically instruct me to either make or take such phone calls. I understand that the above-referenced hearing has not yet been scheduled, and I am prepared, upon execution of this engagement letter, to schedule the hearing with you.
In addition to the foregoing terms, our firm’s standard Terms of Engagement Agreement is attached hereto and forms a part of our agreement to provide legal services. Should you have any questions regarding the foregoing or in any way disagree with these terms, please contact me immediately. Otherwise, please sign in the space indicated below and return this letter to me. I look forward to working with you.
Very truly yours
Darren J. Elkind
Accepted and signed by Stacy Tebo
In Mr. Elkind’s Terms of Engagement Letter, you will see that it is his duty only to represent the Town’s staff and including the Town Manager. He further States that he understands that the Town Attorney will advise the town Council regarding all procedural issues and otherwise represent the Town as an entity during this process. WHAT I DO NOT SEE IS A SEPARATE CONTRACT BETWEEN THE TOWN OF WHITE SPRINGS AND DARREN ELKIND WHEREBY HE HAS A DUTY TO REPRESENT THE TOWN. HE MAY CONSIDER THIS MATTER MOOT BUT A CONTRACT IS A CONTRACT WHETHER YOU CALL IT THE TERMS OF ENGAGEMENT OR A CONTRACTUAL AGREEMENT.
The remaining Terms of Engagement are general and provide the conditions, such as legal fees, out of pocket expense, retainer and trust deposits and termination BOILERPLATES. As was stated in the Scope of his work, the letter is the true contractual agreement.
In the Termination section it states “upon completion of our representation of you in the matter referenced in the attached letter…..the attorney-client relationship will end unless we have expressly agreed to continued representation in other matters. SO WHEN DID THE COUNCIL APPROVE DARREN ELKIND’S CONTINUED REPRESENTATION OF STAFF AND THE TOWN MANAGER WHEN IN ACTUALITY THE WRIT IS RELATING TO THE TOWN OF WHITE SPRINGS not STACY TEBO.
Karin for the blog