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San Juan County contract with attorney John Howard for work on pressing right-of-way case in Recapture Canyon. Also a sample of the invoices showing charges for Howard's travel and other work.
San Juan County contract with attorney John Howard for work on pressing right-of-way case in Recapture Canyon. Also a sample of the invoices showing charges for Howard's travel and other work.
San Juan County contract with attorney John Howard for work on pressing right-of-way case in Recapture Canyon. Also a sample of the invoices showing charges for Howard's travel and other work.
[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-mailsCommissioner 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 amountCommissioner 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
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wonvetsation with Jody OO hour metne
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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
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Jul-20-18,
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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
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8.10
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7.90
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August 9, 2018
150.00
30,00
121.50
1,860.00
30.00
450.00
118.50
500.00
5,000.00
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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: