Contract - Bourland Law Firm - 3/9/2023 (2) BOURLA AW FIRM P.O.Box 546
Round Rock, Texas 78680
(512)477-0100
bourlanaC&bourlandlaw.com
February 24, 2023
VIA ELECTRONIC MAIL
City of Round Rock
c/o Mayor Craig Morgan
221 East Main Street
Round Rock, Texas 78664
Re: Engagement Agreement; Cause No. 22-0482-C395; Texas Disposal
Systems, Inc. v. City of Round Rock, et a/, in the 395th Judicial District Court,
Williamson County, Texas; and in the Third Court of Appeals, Austin, Texas
Dear Mayor Morgan:
Please allow this letter to serve as an engagement agreement setting forth the
terms of the continued representation of the City of Round Rock(the"Client"and/or"you")
by my firm for representation in the lawsuit styled Cause No. 22-0482-C395; Texas
Disposal Systems, Inc. v. City of Round Rock, et al, in the 3951 Judicial District Court,
Williamson County, Texas, in addition to representation before the Third Court of Appeals
for the portion of the case that has been appealed and any future or related appeals of
the case. The following paragraphs outline the terms of our agreement. It is my distinct
honor to be able to continue to represent the City, and I look forward to continuing to work
with the City Council and City Attorney on this matter.
This letter will cover our billing practices and the scope of our representation. Our
billing practices are slightly different from some law firms and hopefully will be viewed
favorably by you. We do not charge for internal office expenses such as copying, long
distance phone calls, facsimile charges, staff overtime or other related overhead items. It
is necessary, however, for us to pass along charges incurred from outside vendors such
as court reporters, process servers, expert witnesses, copy services (for large copying
projects), and FedEx/UPS charges, as well as court costs, filing fees, and any travel costs
related to this case. Additionally, if this case requires electronic research, you will be
charged a fee for that service, which will be based on the duration of usage and
discounted from the market rate set by the provider. Please understand that all outside
vendor invoices in an amount of $400.00 or above will be forwarded to the Client, and it
is the Client's responsibility to directly and timely pay the vendors. The Client will still be
responsible for outside charges that are less than $400.00, but we will pay those directly
and they will be included as a pass-through expense on our monthly firm invoice.
Each month, we will send an invoice that sets forth all work that has been
performed and any pass-through expenses that have been incurred for the month. At that
time, we encourage you to closely scrutinize the invoice. We are very conscious of
attorneys' fees and expenses and will prudently ensure that you are billed fairly and
responsibly. Should you ever have any questions or comments regarding our bills, we
request that you let us know immediately so that we can have an opportunity to discuss
your concerns and attempt to resolve them to your satisfaction.
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Engagement Agreement
February 24, 2023
Page 2 of 4
1 will be the lead attorney handling this matter. However, if it becomes necessary
or cost-effective to assign tasks to others to help me, I will do so. The hourly rates for
others who may assist with your case are:
Cindy Olson Bourland $575.00
Contract Attorneys $150.00 — 475.00
Associate Attorneys $150.00 — 475.00
Paralegals $100.00
Law Clerks $100.00
The hourly fee amount is billed to our clients based on 1/10 of an hour increments. For
example, 0.1 hours is equal to 6 minutes, 0.2 hours is equal to 12 minutes, etc.
Please understand that, given the likelihood of court proceedings that may take a
substantial amount of time, such as hearings, discovery, pre-trial motions, briefing, and a
final hearing of several days in district court, in addition to the pending interlocutory appeal
and any additional appeals to the Third Court of Appeals and/or to the Supreme Court of
Texas, it is impossible for me to predict how long this case will go on before a final
resolution or final judgment is reached and, consequently, I am unable to make an
estimate of total future legal fees. However, I will continue to work closely with the City
Attorney and to be as efficient and expeditious as possible in representing the City in this
matter.
Given the scope of the matter involved in this representation, it also may be
necessary to associate with or bring in other various legal and economic specialists.
Should that become advantageous or necessary to best serve the City's needs in this
matter, I will make such a recommendation and will work with the City Attorney to choose
such specialists. The cost or fees of any such associated counsel or expert will be borne
by the Client.
The place of performance of this agreement is Williamson County, Texas. All
fees and expenses are payable at the address of the law firm. Further, the Client agrees
and acknowledges that the law firm has not made any representation or guarantee as to
the outcome of this case, and that the nature of such representation and/or litigation
makes it very hard to predict any total amount of legal fees that will be incurred or any
particular outcome, given all of the factors and issues involved in this case. This written
agreement contains the entire agreement of the parties. There are no terms of our
agreement that are not contained in this written agreement. This agreement supersedes
any and all prior agreements between the parties relating to the subject matter hereof.
Please also be advised that the Client may discharge the law firm at any time. If
the Client becomes displeased or dissatisfied with the legal services of the law firm, the
Client shall give written notice to the law firm. The notice shall be by certified mail, return
receipt requested. The Client and the law firm will make all reasonable efforts to resolve
any problem that arises. If no resolution is reached, the law firm will withdraw at the
Client's written request.
Engagement Agreement
February 24, 2023
Page 3 of 4
The law firm may also withdraw from further representation for any of the following
reasons: the Client fails to pay fees or expenses required under this agreement; the
Client fails to cooperate and comply fully with any reasonable request of the law firm; the
Client engages in conduct or makes statements that render it unreasonably difficult for
the law firm to carry out the purposes of its employment; and/or the Client fails to abide
by any of the terms of this agreement. Before the law firm withdraws from its
representation of the Client, the law firm shall give ten days' written notice to the Client.
The notice shall be by certified mail, return receipt requested. In addition, the Client
agrees and acknowledges that the law firm may withdraw if the Client fails either to pay
an invoice in full or to replenish a retainer (when applicable) within sixty (60) days.
It is our firm policy to maintain your files in electronic form for a period of three (3)
years after the conclusion of our representation of you. You hereby authorize us to destroy
your files three (3) years from the conclusion and/or resolution of your case, unless you
instruct us otherwise before the end of said three (3)year period and make arrangements
to receive or pick up copies of your case files.
It is my intention to vigorously represent the City in this matter. With that goal in
mind, however, I am also very careful to follow the ethical guidelines and the local
customs and practices. If a situation ever arises where we feel that the actions being
requested by the Client violate any of the local practices and customs or the ethical rules,
we will inform you.
To ensure that there is no confusion regarding our fee agreement, please sign this
letter in the space provided below indicating your agreement to the terms and conditions
of our representation. Should you have any questions or comments regarding this
agreement, please contact me before you sign it so that we can discuss them. Also,
please do not hesitate to contact me if you need additional information at this time.
Sincerely,
BOURLAND LAW FIRM, P.C.
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Cindy Olson Bourland
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Engagement Agreement
February 24, 2023
Page 4 of 4
AGREED:
City of Round Rock
By: �A V\ r
(Printed e)
Its: