12-26 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-26
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER
INTO AGREEMENT WITH PHILIPS AND EPPERSON LAW FIRM TO
HANDLE ANY MATTERS INVOLVING DEION AND/OR PILAR
SANDERS, AS WELL AS ANY OTHER PURPOSES DIRECTED, AND
DEEMED NECESSARY, BY THE TOWN MANAGER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1. The Town Council hereby authorizes the Town Manager to hire a
Special Counselor to handle any matters involving Deion and/or Pilar Sanders in
Municipal Court, interviews of Prosper Police Officers and/or any other Police
related matter which is the result of the criminal matters pending or otherwise
which relate to Deion and/or Pilar Sanders, as well as any other purposes
directed, and deemed necessary by the Town Manager.
SECTION 2. This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 8th day of May, 2012.
4
Ray Smith, Mayor
ATTEST TO:
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Amy Piukan., To n Secretary
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Charles Philips
Brandon Epperson
PHILIPS Hannah Stroud
*Board Certified-Family Law
ti Texas Board of Legal Specialization
ATTOItNE •YS
2301 Virginia Parkway
McKinney,Texas 75071
Phone; 972-562-9440
Fax:972.562-2839
cphilips@Phil ipsAndEpperson.com
www.Ph it ipsAndEpperson.com
May 1,2012
ATTORNEY-CLIENT COMMUNICATION:THIS DOCUMENT AND
ITS CONTENTS CONSTITUTE LEGALLY PRIVILEGED INFORMATION
Town of Prosper
Mr,Mike Land,Town Manager
121 W Broadway
POE 307
Prosper,TX 75078
RE: Sander Matter Prosecution,Response to Public Information Request,
Representation In Family Court; Collin County,TX
Dear Mr.Land:
I am pleased that you have chosen my law office to represent you in regards to the above-
captioned matter. This letter is intended to provide,you with some information on my law•office's
policies and procedures. The letter also explains how my law office charges for my services.
Nature of Legal Services
You are purchasing a service rather than a product. A service renders benefits; however,
those benefits may not be tangible at first. Even though a service may be provided, the ultimate
desired result may or may not occur. This is because I cannot control all of the factors involved in
handling the legal matter. A product,on the other hand,is tangible.It is fairly easy to determine the
value of the product.
The purpose for purchasing legal services is to solve a problem or accomplish a desired
result. Accordingly,the client's monies are used to employ the attorney,staff members,paralegals,
Contract for Legal Services Page 1 of 6
office assistants, secretaries and physical equipment in order to do their best to meet the client's
desired goal.
Lawyers have business overhead which must be included in their fees. This includes but is
not limited to attorneys, legal assistants or paralegals and in some cases investigators, secretaries,
receptionists,bookkeepers,clerks,etc.
In order to function and provide professional services, my law office has heavy capital
expenses such as law libraries, computers or word processing machines, copy machines,
typewriters,office furniture and equipment,file cabinets and file storage equipment in order to keep
up with the many matters handled by my law office.
Guaranteed Outcome or Results
You understand that I cannot guarantee any expected outcome or conclusion of the legal
matter due to numerous and complicated factors which are beyond my control. Accordingly, I
cannot guarantee a favorable outcome in any litigation or business matters that I am handling for
you. I will, however, within the bounds of legal ethics provide reasonable and competent
services to represent and protect your legal interests. In the event the matter requires negotiation
or involves litigation,I will negotiate with the opposing party on your behalf in order to settle or
resolve the dispute, I will not conclude or settle the matter without your approval.
Appointment Time
Many legal matters can be handled by telephone,fax transmissions or mail in order to avoid
numerous personal trips to and from the office; It is more productive to handle routine matters by
phone as opposed to personal visits since it saves each of us time. This is why we charge for each
phone call placed or received.
In the event you need to meet personally with the attorney or a staff member,feel free to do
so. Simply make an appointment with the secretary,who will schedule an appropriate time on my
calendar.
Most court proceedings are held in the morning. Accordingly,the most convenient time for
me to meet with you is in the afternoon. Attorneys typically are unable to return phone calls except
once or twice during the day. My standard'time for returning phone calls is in the afternoons.
Please do not feel offended if your phone calls are not returned immediately.
In order to do the work requested,attorneys need substantial amounts of time where they are
free from any type of interruption or distraction. This keeps the bill lower because the attorney can
accomplish much more work if uninterrupted.
Contract for Legal Services Page 2 of 6
Accordingly, when you call and the secretary says I am in conference with a client or
working on a matter,please leave your name,phone number and a short statement to the secretary
as to the purpose of your call. During the above-described time periods,I will do my best to contact
you.
Your Availability
In order to properly represent you,you agree to keep my office advised of your whereabouts
during both day and evening hours by providing me with current business and home telephone
numbers. In the event the matter involves litigation, you may be required to attend Court
appearances and comply with discovery requests and deposition notices,
Fee Determination
What factors are involved in determining the lawyer's fees? Most attorneys take the
• following factors into setting their fee:
1. The type of case involved whether it is a simple and routine matter,or whether it is a
complex,highly technical matter,
2, The urgency of the matter and need for overtime work etc.,
3, Whether taking this matter will preclude the acceptance of other employment,
4. The total amount of time involved, Can the matter be delegated to staff personnel
such as paralegals or secretaries or must all of the time be spent by the attorney?
With respect to the attorney's time,how much of the time will be spent by highly
trained senior attorneys in the office versus junior attorneys in the office,
5. The expertise of the attorney,
6. The results obtained,
7. The customary fee charged in the area and
8. The additional costs involved,if any,amount of secretarial time,insurance
surcharges on this work etc,
Flat Rates
Flat rates are designed to make the fees affordable to the client and are used primarily in
routine,simple or ordinary legal matters. A flat fee is always based on certain assumptions. If those
assumptions are incorrect,changed,or are modified,then the attorney must revert to an hourly rate
since he cannot provide competent professional services as requested and needed under a flat fee
arrangement,
In the event the matter cannot be resolved by agreement and the opposing party refuses to
sign the appropriate papers, then the flat fee arrangement would not be used due to the change in
Contract for Legal Services Page 3 of 6
circumstances. In such a situation,I would apply the flat fee as a retainer or deposit against the total
fee owed and once the hourly rate fee exceeds the monies previously collected, bill the client on a
monthly basis for my hourly work.
Hourly Rate(rates have been reduced by%)
Our fees are set as follows:
Charles Philips $200.00 per hour
D.Brandon Epperson $150.00 per hour
Hannah Stroud $112.50 per hour
Legal Clerk $75.00 per hour
Senior Paralegal $62.50 per hour
Paralegal $50.00 per hour
Secretarial/Clerical $25.00 per hour
Attorney's fees,unfortunately,are not pure net profit as some clients may assume. Fees are
considered gross income out of which numerous expenses are deducted. As with all businesses,
sometimes expenses exceed income and attorneys, like everyone else, have to manage their cash
flow in a professional and businesslike manner.
My charges do not include, and the client is responsible for, out-of-pocket expenses, as
defined below,including but not limited to: investigator's fees,filing fees,postage, certified copies,
copying charges at .25 cents per page. Further fees will be billed to client for the use of online
research programs for which Philips&Epperson Attorneys,L.P.participate and/or subscribe. Said
fees shall be determined and set at the discretion of Philips&Epperson Attorneys,L.P.based on the
fees incurred and/or by the monthly subscription fee. A flat fee of$200.00 will also be charged to
your account for the materials and labor necessary to maintain the client's file within our office and
to maintain the client's file for a period of seven years at our off site storage facility.
Statements are prepared monthly. The statement will reflect the prior month's charges. All
statements must be paid within ten(10)days from the statement's date.
PAYMENT OF OUT OF POCKET EXPENSES
In this matter,you are required to pay for any and all out of pocket expenses incurred
in connection with the case, including but not limited to the following expenses: filing fees,
court costs, certified copies of documents, pleadings, orders etc., transcripts, depositions,
duplication costs, postage, office supplies, photographs, trial exhibits, long distance phone & fax
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calls, appraisal fees, consultants', expert witnesses' and other fees associated with preparation and
trial testimony, investigation fees, delivery charges, overnight mail/parcel services, parking, toll
road and mileage expenses, out of town expenses including travel expense, air fare, hotels, meals,
returned check fees and any other expense incurred in connection with the matter.
THERE IS NO ENGAGEMENT FEE E IN THIS MATTER. CLIENT AGREES TO
PAY HOURLY RATES AND EXPENSES AS BILLED,MONTHLY,BY THE FIRM.
Initial
You will be invoiced monthly if the deposit is not sufficient to cover the charges due.I shall
either request a new deposit or bill you on a monthly basis for services rendered. Each billing will
set forth a summary of legal work performed,fees earned and costs, and the amount owed to my
law office. Client further agrees that Philips & Epperson Attorneys, L.P. may withhold and/or
withdraw any funds held in trust for client to pay legal fees and expenses due and owing to Philips
&Epperson Attorneys,L.P.
In the event that the payments are not made to me promptly as requested, I reserve
the right to immediately withdraw from representing you in any and all matters that the law
office is handling. You agree to the withdrawal and release from liability of our law office.
In order for me to pay the expenses and close out the case, after you have agreed to a
settlement, if any, you agree by your signature on this letter to empower me with your Power of
Attorney to sign Court or other legal documents,which may be required to represent you. You
also agree to designate my law office as your Attorney in Fact to sign pleadings on your behalf,
accept service of pleadings in litigation matters and to do whatever is necessary and reasonable
to act on your behalf.
You must keep me informed of your current home, fax and business telephone numbers
as well as your home and business addresses so that I can stay in contact with you. If you are
planning to be out of touch for over three days,please call me and let me know where I can reach
you if something requires your attention,approval or input.
Contract for Legal Services Page 5 of 6
You and Philips & Epperson Attorneys, L.P. agree that this contract is nontransferable by
you but that Philips&Epperson Attorneys,L.P, may transfer this contract in whole without notice
to you.
I acknowledge receipt of the following deposit:
Engagement Fee $0.00
Conclusion
Please sign in the space provided below so that I may begin working on your behalf. Once
again,I am delighted that you have decided to use my services,and I look forward to working with •
you.
I hope this letter has answered any questions that you may have had regarding how attorneys
charge for their legal services and how I have agreed to handle the legal matter. If you have any
questions concerning any other matters,please call me at the numbers listed above.
Sincerely
• Charles Philips
Attorney/Agent for Philips&Epperson Attorneys,L.P.
Signed on this / day of May,2012.
Client,Mike L. d
Town of Prosper Manager
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