ADAMS, FERRONE & FERRONE
A PROFESSIONAL LAW CORPORATION
STUART D. ADAMS OF COUNSEL– MARK J. PEACOCK, ESQ.
JOHN A. FERRONE PERSONAL INJURY LITIGATION
PAUL F. FERRONE 5160 CAMPUS DRIVE
E. EARL DOVE NEWPORT BEACH, CA 92660
PETER J. HORTON (949) 660-7762 FAX (949) 660-7764
MICHAEL T. BANNON (866) 373-5900 –TOLL FREE
_________________
ADDITIONAL OFFICES
4333 PARK TERRACE DR., SUITE 200 1801 OAK STREET, SUITE 164
WESTLAKE VILLAGE, CA 91361 BAKERSFIELD, CA 93301
(866) 373-5900 - TOLL FREE (866) 373-5900 - TOLL FREE
(805) 373-5900
FAX (818)874-1382 7710 BALBOA AVE, SUITE 228B
SAN DIEGO, CA 92111
REPLY TO WESTLAKE VILLAGE (866) 373-5900 - TOLL FREE
www.adamsferrone.com
November 30, 2011
TO: Frank O’Grady, Trustee
FROM: Susan West, Business Operations
RE: Retainer Proposal – Lakeside Fire Protection District
Frank:
It was a pleasure speaking with you this morning. As promised I have prepared a retainer proposal to include Labor and
Workers’ Compensation consultation for your review.
Retainer pricing is a non-conforming calculation in that each Union or Association brings specific circumstances,
concerns, and issues to the relationship. After conferring with you this morning I am pleased to present the following:
We have arrived at a monthly dues rate of $700 per month, or $15.50 per member. The following assumptions were
applied.
There are approximately 45 – 50 members in your organization (quote based on 45 members)
Attorney consultation for all Workers’ Compensation claims
MOU renewal date is January 1, 2010
Attorney to be “At The Table”
Attorney not requested to attend monthly board meetings
Expenses such as copy, binding, stamping, Attorney service, etc. to be passed through at cost
Drive time to be charged at reduced rate of $175/hr
Union will renew retainer contract for at least one additional year to be awarded more favorable
per member per month rate (One year rate is $20/member per month)
Formal grievance procedure
Documentation of calls and consultations maintained by Adams and Ferrone for periodic
treasurer’s review.
Thank you for your consideration of Adams, Ferrone & Ferrone.
Susan West
Business Operations
LEGAL RETAINER AGREEMENT -EXAMPLE
ADAMS, FERRONE & FERRONE
A PROFESSIONAL LAW CORPORATION
STUART D. ADAMS OF COUNSEL– MARK J. PEACOCK, ESQ.
JOHN A. FERRONE PERSONAL INJURY LITIGATION
PAUL F. FERRONE 5160 CAMPUS DRIVE
E. EARL DOVE NEWPORT BEACH, CA 92660
PETER J. HORTON (949) 660-7762 FAX (949) 660-7764
MICHAEL T. BANNON (866) 373-5900 –TOLL FREE
_________________
ADDITIONAL OFFICES
4333 PARK TERRACE DR., SUITE 200 1801 OAK STREET, SUITE 164
WESTLAKE VILLAGE, CA 91361 BAKERSFIELD, CA 93301
(866) 373-5900 - TOLL FREE (866) 373-5900 - TOLL FREE
(805) 373-5900
FAX (818)874-1382 7710 BALBOA AVE, SUITE 228B
SAN DIEGO, CA 92111
REPLY TO WESTLAKE VILLAGE (866) 373-5900 - TOLL FREE
www.adamsferrone.com
November 30, 2011
This agreement is entered into between the Devoted and Dedicated Fire
Fighters Association (hereinafter referred to as the “ASSOCIATION”) and
Adams, Ferrone & Ferrone (hereinafter referred to as “ATTORNEYS” with
reference to the following facts:
A. ASSOCIATION is an employee organization consisting of
substantially fire
fighting personnel and other employees as designated by the
ASSOCIATION employed by the City of Anywhere (hereinafter
referred to as the “CITY”).
B. Among the primary purposes of the ASSOCIATION are:
1. To represent its members in their employment relations
with the CITY;
2. To endeavor to obtain improved compensation and working
conditions for its members; and
3. To provide for the general welfare of its members.
C. ASSOCIATION desires to secure the professional, legal assistance
of ATTORNEYS in the accomplishment of these purposes, and
ATTORNEYS desire to provide such professional legal assistance.
WHEREFORE, in consideration for their mutual promises, as set
forth hereinbelow, the parties hereto agree as follows:
1. ASSOCIATION agrees to retain ATTORNEYS and ATTORNEYS agree
to serve ASSOCIATION upon the terms and conditions set
forth hereinbelow.
2. This agreement shall be in full force and effect from
AnyMonth 1, 2008 through and including AnyMonth 30, 2010.
3. ATTORNEYS agree to perform all legal services on behalf of
ASSOCIATION which they deem necessary, in the exercise of
their professional judgment, to assist ASSOCIATION, in the
furtherance of the employment relations of its members
with the CITY, and in furtherance of its lawful purposes,
including:
a. Negotiation, and “meet and confer” sessions pursuant
to the Meyers-Milias-Brown Act.
b. Negotiation/meet and confer related mediation, if
any;
c. Rendering unlimited advice and professional opinions
to the executive Board on Association matters; and
d. Providing unlimited professional assistance on legal
problems of ASSOCIATION regarding its organizational
status.
4. Upon request of the ASSOCIATION, ATTORNEYS will provide
all legal representation that they deem necessary, in the
exercise of their professional judgment, to assist any
individual member of the ASSOCIATION in his/her employment
relations with the CITY, as follows:
a. Legal consultation and advice for all Association
approved significant job-related, non-disciplinary
grievances and administrative proceedings, as allowed
by the guidelines and procedures established by and
between the ASSOCIATION and ATTORNEYS.
b. In the event of any conflicts of interest among
employees represented by the ASSOCIATION in
connection with any matter described in this
agreement, ATTORNEYS shall be responsible for
providing representation for only one of the persons
(or group of people) whose interests are adverse.
The ASSOCIATION shall be responsible for providing
(and paying for) representation for any person or
persons represented by ATTORNEYS if necessary.
5. Representation in the defense of any ASSOCIATION member’s
disciplinary matters. If ASSOCIATION or the individual
member desires to utilize the services of ATTORNEYS in
connection with any disciplinary matter they shall do so
at a reduced hourly rate of $000.00 per hour.
6. ATTORNEYS further agree to provide initial legal
consultation to each member of ASSOCIATION with respect to
personal (i.e., non-employment related) legal problems,
and with respect to matters relating to workers’
compensation, disability retirement, personal injury and
other related legal problems. Members availing themselves
of such consultation services shall be under no obligation
to retain ATTORNEYS, or any of them, to pursue any such
problems following said consultation.
7. ATTORNEYS further agree to represent ASSOCIATION in
significant work related litigation by contingency
agreement or hourly rate (at the rate of $000.00 per hour)
whichever is appropriate in ATTORNEYS judgment and is
agreed to by ASSOCIATION. This representation excludes
work related injuries which can be handled by Attorneys as
needed in accordance with California law.
8. WORKERS’ COMPENSATION REPRESENTATION
ADAMS, FERRONE & FERRONE
A PROFESSIONAL LAW CORPORATION
STUART D. ADAMS OF COUNSEL– MARK J. PEACOCK, ESQ.
JOHN A. FERRONE PERSONAL INJURY LITIGATION
PAUL F. FERRONE 5160 CAMPUS DRIVE
E. EARL DOVE NEWPORT BEACH, CA 92660
PETER J. HORTON (949) 660-7762 FAX (949) 660-7764
MICHAEL T. BANNON (866) 373-5900 –TOLL FREE
_________________
ADDITIONAL OFFICES
4333 PARK TERRACE DR., SUITE 200 1801 OAK STREET, SUITE 164
WESTLAKE VILLAGE, CA 91361 BAKERSFIELD, CA 93301
(866) 373-5900 - TOLL FREE (866) 373-5900 - TOLL FREE
(805) 373-5900
FAX (818)874-1382 7710 BALBOA AVE, SUITE 228B
SAN DIEGO, CA 92111
REPLY TO WESTLAKE VILLAGE (866) 373-5900 - TOLL FREE
www.adamsferrone.com
November 30, 2011
a. ATTORNEYS shall upon request of a member, provide
consultation on work related injury claims for all members of
the ASSOCIATION. Consultation does not include representation
but, rather, includes advice through the Workers Compensation
process. Consultation does not include representation before
the WCAB unless ASSOCIATION or the member enters into a
written agreement with ATTORNEYS under paragraphs b or e
below. This agreement does not cover any litigation, including
but not limited to, third party litigation, Writs of Mandate
etc. except as otherwise stated herein. Members are not
obligated to use ATTORNEYS for workers’ compensation cases
under this agreement.
b. If, after consultation with ATTORNEYS, it appears,
within the judgment of ATTORNEYS, that a claim warrants filing
with the (WCAB), ATTORNEYS may draft and file a claim for the
injured member. The decision to represent a member before the
WCAB shall be made at the sole discretion of ATTORNEYS. A
separate disclosure statement shall be entered into between
the member and ATTORNEYS in the event ATTORNEYS elect to
undertake representation of the member. No representation
before the WCAB is to be considered entered into with the
individual member absent the written disclosure statement.
c. Upon entering into representation as stated herein,
ATTORNEYS will provide all legal representation that they deem
necessary, in the exercise of their professional judgment, to
assist any individual member of the ASSOCIATION in said claim.
If no claim is filed by ATTORNEYS for the member or, in the
absence of a written disclosure statement if a claim has
already been filed before the WCAB, attorneys shall have no
obligation to represent the member before the WCAB or in any
other proceeding. ATTORNEYS will make every effort, without a
full guarantee, to make contact with client within 24 hours if
practicable and provide weekly updates on case status.
d. Attorneys’ fees may be awarded in any case filed
before the WCAB or the Rehabilitation Unit. Attorneys’ fees
are awarded at the discretion of the WCAB Judges. In the event
attorneys’ fees are awarded in a case wherein ATTORNEYS are
representing the individual member (excluding representation
undertaken pursuant to paragraph e below), said fees shall be
deducted from the member’s award. Attorneys’ fees may range
between 9% and 15%. The fee must be approved by a WCAB judge.
In the event Attorneys’ fees are awarded in a case handled
under this retainer, ATTORNEYS shall have the right to retain
all or a portion of said fees at their sole discretion.
e. If ASSOCIATION wishes that a particular case be litigated
before the WCAB, in a Writ of Mandate or any appeal to contest
a WCAB decision, then ASSOCIATION shall enter into a separate
written agreement with ATTORNEYS to undertake such
representation. No representation is to be considered entered
into absent such written agreement. ATTORNEYS shall work at
the hourly rate of $000.00 per hour in such litigation. If a
money recovery is made, ATTORNEYS may elect to obtain a
percentage of the recovery at their discretion. In the event
ATTORNEYS elect to retain a percentage, ATTORNEYS shall refund
any monies paid by the ASSOCIATION at the aforementioned
hourly rate.
f. After representation for a work related injury is
undertaken under the terms of this agreement the member, the
ASSOCIATION or the ATTORNEYS may terminate the representation
for any reason. Notice of termination shall be given in
writing and shall be sufficient upon mailing said writing to
ATTORNEYS or the ASSOCIATION’s or member’s last known address.
ATTORNEYS shall have a lien against any case for the
reasonable value of services rendered.
g. EXCLUSIONS
i). If a member is represented by counsel other than
ATTORNEYS, under the Professional Rules of Conduct which
regulate ATTORNEYS, ATTORNEYS cannot provide consultation
and/or advice under this retainer. As such, this retainer will
not cover members who are represented by other counsel. The
member may seek to have ATTORNEYS substitute in as counsel of
record. The decision to substitute in shall be at the sole
discretion of ATTORNEYS. No substitution shall be effective
until a substitution of attorneys form is fully executed and
ATTORNEYS have entered into a written disclosure statement
with the member.
ii). Once ATTORNEYS determine that an injury is not work
related, there shall be no further obligations on behalf of
ATTORNEYS under this retainer. The determination as to whether
or not an injury is work related is at the exclusive
discretion of ATTORNEYS.
iii). ATTORNEYS reserve the right to refuse consultation
and/or representation to any member.
WARNING: any person who makes, or causes to be made any
knowingly false or fraudulent material statement or material
representation for the purposes of obtaining or denying
workers’ compensation benefits is guilty of a felony.
ADAMS, FERRONE & FERRONE
A PROFESSIONAL LAW CORPORATION
STUART D. ADAMS OF COUNSEL– MARK J. PEACOCK, ESQ.
JOHN A. FERRONE PERSONAL INJURY LITIGATION
PAUL F. FERRONE 5160 CAMPUS DRIVE
E. EARL DOVE NEWPORT BEACH, CA 92660
PETER J. HORTON (949) 660-7762 FAX (949) 660-7764
MICHAEL T. BANNON (866) 373-5900 –TOLL FREE
_________________
ADDITIONAL OFFICES
4333 PARK TERRACE DR., SUITE 200 1801 OAK STREET, SUITE 164
WESTLAKE VILLAGE, CA 91361 BAKERSFIELD, CA 93301
(866) 373-5900 - TOLL FREE (866) 373-5900 - TOLL FREE
(805) 373-5900
FAX (818)874-1382 7710 BALBOA AVE, SUITE 228B
SAN DIEGO, CA 92111
REPLY TO WESTLAKE VILLAGE (866) 373-5900 - TOLL FREE
www.adamsferrone.com
November 30, 2011
9. ASSOCIATION shall pay to ATTORNEYS during the term of this
agreement the monthly sum of somethingteen dollars ($00.00) per
member per month which shall be payable on a monthly basis on
or around the first of every month. The current membership is
00 members which is $000.00 per month. In anticipation of
growth of the Association membership this Agreement shall be
modified every quarter to adjust the appropriate number of
members at that time.
10. ASSOCIATION shall advance and pay all related expenses
incurred in connection with all areas of representation covered
by this agreement and those costs incurred in matters not
covered by this agreement if the ASSOCIATION retains ATTORNEYS
for other matters including but not limited to disciplinary
costs, litigation costs, and arbitration costs, including, but
not limited to: (a) costs of depositions; (b) costs of
reporting and transcribing transcripts of proceedings; (c)
witness fees; and (d) costs of service of process; (e) costs of
arbitrations; (f) costs of arbitrators, expert witness,
consultants, etc.; and shall reimburse ATTORNEYS for any such
costs and expenses advanced by them.
11. Upon the expiration of this agreement, its terms and
conditions will automatically continue and be binding upon the
parties for another 12-month period commencing AnyMonth 1, 2010
(or any subsequent year if this agreement is renewed) unless
prior to AnyMonth 30, 2010 either party notifies the other
party in writing of its intention not to extend the agreement
beyond that time, or unless the parties have by mutual
agreement elected to amend the terms and conditions of this
agreement for such renewal period.
Dated:
President
Dated:
Adams, Ferrone & Ferrone