Вы находитесь на странице: 1из 9
[Howard WMWattorneys JOHN Ww. HowaRD 225 anoaowar, SUITE 2220 SAN DIEGO, CALIFORNIA 92101-8019 KRISTIN J. WRIGHT Crier Operating oricer December 7, 2016 Phil Lyman, Chairman Office Address: P.O. Box 9 Monticello, Utah 84535 RE: San Juan County v. United States Dear Commissioner Lyman: Itis our policy and a requirement of the State Bar that all clients sign an engagement letter outlining the terms of our representation. This letter will constitute a contract regarding those terms when it has been signed by San Juan County and retumed to this office. San Juan County has engaged this firm to represent San Juan County in the matter of San Juan County v. United States, a case in which we will pursue and establish rights of way the use of which belong to the State and People of Utah and San Juan County. {As representatives of San Juan County know, our representation of San Juan County in this matter has already commenced, but cannot continue without receipt by us, of San Juan County's signed acknowletgment of this letter and the terms contained herein. Sch Juin County is hiring our firm to providé legal services in connection with the above-referenced matter. We will furnish all services necessary to properly and efficiently process this case including, interview, investigation, legal research, drafting of complaints, pleadings, motions and other papers and documents, including, but not limited to, correspondence, memoranda, agreements, court documents and settlement agreements, representation in court at any and all hearings and trial. We will also undertake such discovery activities as are reasonable and prudent for the preparation of the case for trial. We will also conduct such negotiations as are necessary or advisable for resolution of the case. Our firm will take all reasonable steps to keep representatives of San Juan County informed of progress in the case and will respond to San Juan County inquiries. While we will make every effort to return calls in a reasonable time, sometimes it may take as much as one business day to do so. Please understand, however, that time spent in phone conferences on such matters are chargeable, billable time, as is the review of e-mails Commissioner Phil Lyman December 7, 2016 Page 2 and other correspondence. Our hourly rate for all activities to be undertaken in this matter is $500.00 per hour for tasks done by principals of the firm; $250.00 for associates, and $150.00 for paralegals. We will try to minimize the cost performing our tasks by using less expensive personnel whenever possible. But we will never compromise the quality of our work by using less experienced employees if doing so would have that effect. All work will be supervised and reviewed by a principal in the firm. As you know, we will affiliate with Kendall Laws, a Utah based lawyer and County Attomey for San Juan County and have affiliated with George Wentz, a respected constitutional litigator, and we intend to engage the services of Ronald D. Rotunda, the preeminent constitutional scholar living today. With the exception of Mr. Laws, their hourly rates are $500.00 per hour. ‘We will coordinate our activities with Mr. Laws to ensure immediate and continuing contact with San Juan County. San Juan County will be billed on a monthly basis and the invoices will set forth, in detail, all time entries giving rise to charges on its account. Payment is due within two weeks of receipt of any billing from our office and delinquent the following day. Unpaid balances will bear interest at the rate of ten percent (10%) per annum. Because payment and billing will likely overlap, the bills San Juan County receives may not reflect any payment on the previous bill unless that payment is received before the cutoff date for billing. In this case, San Juan County will receive billings that cover the calendar month. If payment of bill for the first half of any month is not received before the fifteenth of that month, it may not be reflected on the bill but will be in the next one. If payment is not received within two weeks of receipt of any bill, all work may ‘cease on the case until payment is received. San Juan County agrees to hold us harmless from any and all damage that might arise from the failure to do any task left undone by the cessation of work by reason of non-payment of any billing. Reviews of billings and explanations of same will be provided on request but will bear a charge for all paralegal and attomney time necessary to provide same, In addition, no further substantive work will be done on the case until the discussion of billings has come to a conclusion. ‘We will require payment of a retainer in the amount of fifteen thousand dollars ($15,000.00). A retainer is a deposit against future fees but does not mean that our monthly bills will be paid through draws on that deposit. This means that all fees billed must be paid on a monthly basis so that the retainer will never fall below the amount Commissioner Phil Lyman December 7, 2016 Page 3 deposited, ‘The retainer will be maintained in our Client Trust Account and all costs of suit will be drawn from the amount on deposit, If the case is not ultimately filed or, if filed, is processed leaving a balance in the ‘Trust Account, the balance will be refunded immediately. If'a breakdown of communication occurs of an account falls more than two weeks in arrears, it may be necessary for this firm to withdraw from San Juan County's representation, It is understood that although we will do our best in this representation, we cannot guarantee its outcome. We would not have agreed to represent San Juan County had we not been of the opinion that it has a good, winnable case. However, our assessment of San Juan County’s case is only as good as the information we have received from it and that we have been able to find through our preliminary investigation. It may occur that information will arise that will change our opinion of the case or evidence be found that will make the case less viable. If that should occur, we will promptly discuss our concerns with representatives of San Juan County and we will, jointly, decide how to proceed. This firm is not a guarantor of the success of this case as the law is not an exact science and rests on the good judgment of jurors and judges. ‘We make every attempt to be efficient with our time and charges but cannot anticipate what the other side will do in this case. Itis our experience that the federal government often engages in vigorous litigation. Consequently, we cannot give San Juan County an estimate of what this case will ultimately cost by way of legal fees. The extent of our work will depend on the work in opposition and that is something over which we have no control. For that reason, | have not given San Juan County an estimate of costs or legal fees for the processing of this matter. Likewise, [ cannot provide an upper limit or a range of potential fees and costs and have not done so. As the case proceeds, we can monitor the costs of litigation and make decisions with respect to strategy and the advisability of other options that might bring the case to a close more quickly. San Juan County will be responsible for payment of all costs and expenses of this, case including, but not limited to, court costs, filing fees, court reporter fees, fees for service of process, mailing expense, copies, messenger, long-distance telephone and delivery fees and any other costs which are necessary for the processing of the case. Any and all court costs and filing fees shall be submitted in advance of any filing. Commissioner Phil Lyman December 7, 2016 Page 4 In addition, travel expenses, such as airfare, hotel expenses, means and other travel costs will be billed and San Juan County will be responsible for payment of same. Included in such expenses will be transportation costs, including first class airfare. We will attempt to Keep such charges as low as possible. It has been our experience that prudent budgeting and advance planning will minimize same, San Juan County will also te responsible for time spent in travel. San Juan County may discharge this firm at any time during our representation, We may withdraw with San Juan County’s consent or for good cause. “Good cause” ludes breach of this agreement in any manner and any failure or refusal to follow the advice of this firm in any matter bearing on this case. It also includes any untruthfulness of lack of candor which might make our further representation of San Juan County unethical. If we must withdraw for any reason, San Juan County will still be responsible for any fees and costs due up to the time of withdrawal, We never anticipate that disagreements will arise. However, if legal action is necessary for the enforcement of this agreement, the prevailing party shall be entitled to receive attomey’s fees and court costs in its enforcement. This letter will constitute a written contract between the parties when it is signed and returned by representatives of San Juan County and contains all representations, warranties, promises and agreements between the parties to it. No other representations, warranties, promises or agreements, either written or oral, have been made which are not contained herein. This agreement may not be modified in any way unless all parties agree in writing and any failure to promptly enforce any term of this agreement shall not be deemed a waiver or implied modification of it. This letter will be a contract between the parties, San Juan County must rely on its independent judgment as to whether it is acceptable. To that end, I would urge you to seek independent counsel to ensure that this agreement is reasonable and fair to San Juan County. The signature of representatives of San Juan County on this agreement will signify that the County has either obtained legal advice with respect to it or does not think legal advice is necessary. If this letter reflects an agreement which is acceptable to San Juan County, please sign the duplicate original where indicated and return it to this office at your earliest convenience. Its signature and return will constitute a written agreement between us and this letter will become the contract between us. JRHovard aM kttarneys ee Pil Lyman 'Y questions about anything contained herein, please do Very truly yours, Pa \ IY John W. Howard IWHiet AGREED AND ACCEP puet:_ J~ J 72 skp. ¢ seat Vow comtimas esenation = asta Aries ritlester ~ eee Alaska OWANRE Wacausmnanint hese Pen tesontagcoma sins aoe Pssonewe Serycet agente Passenger ssewmercatoe Name Nemaee Senceniaemuces eg weewcnee Eaters saan Nine evenet Saat angnnaney a wast AS ON Fagnc eeommary Sdanat | ance Bags conirmancs code: DWNUBC re Decete Aeoves ‘Total price fer 1 passenger soz inte Mace BRS San Deze SAND susie on SC Neng Snes tes ane args Satttes ts Sotteee stows at WEen eles | Oem tae Sees ssmeccesuaes Amuse heck with Anka Anbnes Bet 8) | Neoutoe | Deals Sapanse S28 ms | Queadon NSE wien Ana See On SS Sie Bags SN Fest) | Nestoo | Qa BOO am Dees SS8am FR Oe Datance GS | Deaton BSS Shoe suman uighepoeat+ ™~ ‘nas Seen change a total of USO $847: Total per passenger searay Fae srs anes ane ee, sss [ach Get ane any Booting or change fees will De a separate charge on you crest care statement, foe ndtional ansetance wth your rasaciaton, cal raservatons at FSO ALASKAAIR (MSOU-2SZ TEI. “Taveleseders ues ang rescaons Fight “This fare it ronrafundabie. + Changes/eancaltations: # travel Aasvt Sayun, you cam ake ane change 1s tnerary, or you can cancel an refund ite eriginl form of payment within 2 Nour a anginal purchase wth no fee. «+ Changes 10th itinerary are nest fo adcibonal ‘are anc tes. A fee ot $25 USD par parson wl ato be agsessac. Cnange fees are waived or travel whey win the state of Alaska oo fights coerated by Alaska Azines an Hertzon Ax, and Sr al MVPS Gate memes + Promotional Gacounts: Cscounts are “ot appcabie to already purchated reservations. + Mino fare les Sageese ‘naps stew alaskaas com/boakungreservasor ~comup 7LNAME SHOWAROSRECLOC-OWNUBCAActon=PrcsCecaisSoucesContrmatonieterie 12 MELAS Nabe Habs taels JulelO=IS Julet 7218 ¥0.S Hau vamnyer anion wally hada 1.09) aoe Couniaatinn weal Phi Lana Review al Comet notey te winter whiting Woshon GL Ploy hay Vie! AE Athy Deer Han Ne Utah Wiltoroos Attia: 28 tan reseaivh, 0. Hoar map aeseanel, Fal Twn phone walls, 8 fot aot at lary ooking fr yovlioaka anal wht aowapapers anid Uggatennes Choe San Tvany 9 he jeonnvorsacin Ht Ea 10 Moone eoversati with Sterling Ye OS Hou SONWETNATIONE ANA HY E049 houeanente weve uy 3.8 how peseatelhs 8 how aap avseely, al vue plhone walls: 0.8 Hoe spent at hey Looking Re veasbanohs aint ok ne wNpapers and vwvaganetnes vu Satna, 9 hou conversation with Einy 0.9 hour wonvotsation with Sterling 0.5 hovw wonvetsation with Jody OO hour metne waite uy 2.8 how texeareh; 1. howe phone valls to potential witnensen: 1.0 hone synopses palates 0.3 howe withoss raahings 10 how conversation with Phil Lyman; 0.8 howe conversation vith Kay + 8.9 howe gonvesation with Rote 6.007 howe MEM Waite UP LL bow yearbook attaly and phone nunber thering teavel to Salt Lake City 1.5 how gattioring wittess names, phone tiumbets, and aaklresses; 1.3 hou conversation vith Hugh 4.0.9 howe coaversation with Bd ys 0.0 hour conversation with Steve L$ hour conversation with Phil Lyman: 1. howe conversation with Kay 0.8 hour conversation with Dau 1.5 hour tist updates 1.3 hour conversation with Phil Lyman: Lt hour eomversation with oto Kao Nolo 8.20 Lo 4.00 0 Rao Auuust 9 25.00 10.00 126.00 123.00 16.50 1,800.00 123.00 124.80 201K AS Inv INV INV INV IWH INV INV Invoice # Jul-18-18, 19-18 Jul-20-18, 6819 Page 4 Janet : LAL hour conversation with Ed > ki: 1.0 hour conversation with Vance L7 hour research reviewed correspondence investigator and reviewed list of witnesses and profiles reviewed correspondence Terrasond expert and responded to same re: new photos discovered 13 hour conversation with Pete —.. 1 hour conversation with Andy! Il: 0.4 hour conversation with Lawrence 4 1.L hour conversation with Kevin $........ay:0.7 hour conversation with Randy rd;0.6 hour conversation with Vance #23 hour appointinent packet preparation/finding contact information 0.6 hour memo write up travel to San Juan County reviewed comespondence Atty Gen Davis re preservations depositions prepared for witness interviews 1.1 hour research; 1.4 hour phone calls and visiting houses of potential witnesses; 0.8 hour conversation with Kay 1.1.1 hour conversation with Phil Lyman; 2.0 hour gathering information from San Juan Yearbooks: 1.5 hour conversation with Norman meeting with Commissioner Lyman preparatory for witness interviews miscellaneous work - conducted 8 witness interviews; visited site to map and develop perspective reviewed correspondence investigator to expert re: geo referencing new mapping materials 1.6 hour conversation with Dan yi05 tour conversation with Bob i; 1.0 hour conversation with EdF 1s; 0.5 hour conversation with Ken ;0.9 hour conversation with Vance —_y; 0.8 hour conversation with Randy s: 0.8 hour 030 0.10 8.10 0.90 7.90 Loo 10.00 0.10 9.40 August 9, 2018 150.00 30,00 121.50 1,860.00 30.00 450.00 118.50 500.00 5,000.00 50.00 - 141.00 JWH JWH INV JWH JWH JWH INV IWH JWH JWH INV Invorwe O89 Page 5 August 9, 2018 conversation with Hugh... and La Ring 11.5 hour conversation with John Howard and Phil Lyman; 0.5 hour taavelling: 0.8 hour memo updates: 0.5 hour conversation with Bruce Jul-2L18 Meeting to prepare for interviews and view 2.50 1,250.00 JWH REcapture road site miscellaneous work - interviewed 3 witnesses 3.75 1,875.00 JWH anid picked up publications 1S hour conversation and hike through 8.60 129.00 INV Reeapture with Phil Lyman and John Howard: LO hour conversation with Pete 30.8 hour conversation with Andy Ns 1. hour memo updates: 1.0 hour conversation with Lawrence | 1; 1.0 hour conversation with Phil Lyman and John Howard; 1.0 hour Blue Mountain Shadow Research; 1.2 hour research on books about Recapture travel back to Salt Lake City 620 1,860.00 JWH miscellaneous work - witness inteview 2.00 1,000.00 JWH Shumway meeting with Lyman 0.80 400.00 JWH 1.5 hour conversation with Kevin ’ 150 22.50 INV Jul-23-18 reviewed correspondence US re: depositons 0.10 30.00 JWH 2.0 hour memo updates; 1.8 hour researeh; 1.06.40 96.00 INV hour conversation with Gary 30.6 hour conversation with Phil Lyman; 0.3 hour conversation with Brooke 0.7 hour conversation with Jody Jul-24-18 travel back to San Diego 3.00 1,500.00 IWH 0.2 hour conversation with John 1 8.10 121.50 INV hour conversation with Phil Lyman; 2.0 hour research: 1.2 hour conversation with LDS Church archives; 0.8 hour email conversation with BYU History Department; 0.4 hour conversation with Kay ¥; 10 hour notes and memo updates; |.4 hour conversation with Charle:

Вам также может понравиться