CM-2025-006 - 1/3/2025DIETZ & JARRARD, P.C.
ATTORNEYS AND CO."NSELORS AT LAW
106 Fannin Avenue East
Round Rock, Texas 78664-5219
Telephone (512) 244-9314
Facsimile (512) 244-3766
www.lawdietz_com
R. Mark Dietz
Melissa G. Dietz
J. Lee Jarrard, Jr.
January 6, 2025
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Re: Legal Representation regarding ethics complaint
Dear Mr. Bennett:
Douglas G. Cornwell
Steven B. Tredennick
Of Counsel
We appreciate your selection of Dietz & Jarrard, P.C. (the "Firm") to represent you in the above -
referenced matter. The purpose of this letter is to set forth the nature of our representation, the terms
upon which that representation is to be accomplished, and to provide you with some information on the
cost of legal services.
First of all, you are purchasing a service rather than a product. Even though a service may be provided,
the ultimate desired result may or may not occur. This is because we cannot control all of the factors
involved in handling your legal matter.
If all of the factors were completely under our control, it would then be possible to guarantee a desired
result. However, since that is not possible, the attorney devotes to you his time and effort and for that, of
course, he like any other businessman, needs to charge a fee. The fee includes time, energy, professional
judgment, experience, and knowledge in a particular area of law.
Lawyers also have business overhead which must be included in the fee. This includes but is not limited
to attorneys, legal assistants or paralegals, and capital equipment such as law libraries, computers, copy
machines, printers, and telecopiers.
Fees of our Firm are based principally upon the amount of time expended to accomplish the work.
However, we also give consideration to the degree of responsibility and to the results we achieve for the
client. Different hourly rates apply for the different lawyers in the office and, at times, different rates arc
used for the same lawyer depending on whether the particular matter involves an area in which that
lawyer has special knowledge and whether or not the lawyer's time is required to be spent away from his
office and whether or not his time is required to be spent above the normal work week.
January 6, 2025
Page 2
We will provide you our best effort in accomplishing your objectives. You will receive a monthly
itemization of efforts expended, for which you will be charged. Each billing will set forth a summary of
legal work performed, costs incurred on your behalf, and the resulting amount owed to our Firm.
Under the Firm's structure the hourly rate for the attorneys' time is $250.00 per hour for R. Mark Dietz,
$210.00 per hour for J. Lee Jarrard, Jr., and $185.00 per hour for Douglas G. Cornwell. Legal
Assistant/Paralegal time is billed at $75.00 per hour. Please note that these rates may be subject to change
in the future. Attorneys and office staff keep track of their time to the nearest one -tenth of an hour. Time
record notations are made for any and all work performed, including but not limited to, office
conferences, legal research, preparation of legal instruments, telephone and personal conferences, trips to
and from the office to the courthouse or client's office, and any other billable legal services.
Furthermore, our time charges do not include, and the client is responsible for, all out-of-pocket expenses,
including but not limited to, filing fees, postage, copying charges at $.25 per copy, telecopying charges at
$.25 per page, long distance telephone charges, messenger or delivery services, travel expenses (including
the current IRS rate for automobile travel), parking fees, court costs and depositions. We charge a $75.00
file management fee associated with the opening and closing of your file. Please note that these rates may
be subject to change in the future. The monthly statement will not only reflect the time charges, but also
will reflect the aforementioned expenses. In the event a third party is called upon for his expertise in a
specific matter, whether as a consultant or as a testifying expert, the Client is responsible for the cost of
retaining such expert, and may be asked to advance those funds at the time of hiring the expert.
It is expected that the time charges and expenses incurred will be due upon receipt of the statement.
Furthermore, unpaid time charges and expenses not paid within 30 days of the statement date shall accrue
interest at the rate of ten percent per annum until paid. If you have more than one account with our Firm
your payments when received may be credited to the oldest past due account unless you instruct us
otherwise.
A retainer is not required at this time, however, should this matter become disputed or contested by third
parties, a retainer may be required. Should that occur, the retainer shall be held in trust until all matters
undertaken by the Firm on your behalf have been resolved and outstanding fees and expenses have been
paid to the date of final billing. This is not a prepayment of attorneys' fees and expenses, but is instead a
deposit to secure the payment of your bill on a monthly basis. The Firm may offset against the retainer if
any monthly bill is not paid timely. Subsequent payment of the bill will replenish the retainer. The
retainer shall be applied to the final balance due with any excess funds therefrom being refunded to the
client. If you have more than one account or more than one retainer on deposit, our Firm reserves the
right to offset against any or all retainers you have on deposit with our Firm to satisfy any past due
account, regardless of which account the retainer was designated to secure.
Our representation is also subject to the understanding that you may terminate us as your counsel for any
reason you choose, upon 30 days written notice to this law Firm. It is also understood that we may
terminate our representation upon 30 days written notice to you.
If at any time you fail to timely pay the Firm for billed services and expenses, you hereby agree that the
Firm may file a motion to withdraw from any litigation in which the Firm is currently representing you.
You further agree that you will not oppose a motion to withdraw under these circumstances.
In order to serve you in this matter, the Firm needs absolute cooperation from you. In conjunction with
this requirement, you agree to immediately notify the Firm of any changes in your address and/or
telephone number. The Firm shall have the right to cease legal work if you fail to furnish the Finn with
all necessary, complete and truthful information and documents, and/or if you do not cooperate fully with
the Firm in the handling of this matter.
January 6, 2025
Page 3
NOTICE TO CLIENT: The State Bar of Texas investigates and prosecutes professional misconduct
committed by Texas attorneys. Although not every complaint against or dispute with a lawyer involves
professional misconduct, the State Bar's Office of General Counsel will provide you with information
about how to file a complaint. Please call 1-800-932-1900 toil free for more information.
The Supreme Court of Texas adopted a Creed which mandates professionalism in the conduct of
attorneys. We have adopted the Lawyer's Creed and conduct our affairs in accordance with its terms. A
copy of the Lawyer's Creed can be found at http://www.txethics.org/reference creed.asp or from the Firm
upon request.
While we cannot guarantee accomplishment of any particular result, we do agree to provide you with our
best advice and to exert our best efforts on your behalf. We appreciate the opportunity to work with you
and be of service to you.
NOTICE TO CLIENT: At the conclusion of any matter the Firm will retain the original documents for
a period of time. However, it is our policy not to retain documents more than four (4) years from the date
the file is closed. At the conclusion of the representation, we encourage you to make arrangements to
pick up your file or have the Firm send it to you. Should you choose not to take possession of your file,
you must notify us of any changes in your address during the four years after your file is closed, so that
we can notify you prior to destroying your file.
If the foregoing is an accurate statement of your understanding of our agreement, please so indicate by
signing in the appropriate location, and return the original corununication to us along with your retainer
check. The enclosed copy is for your files.
Sincerely,
DIETZ & JARRARD, P.C.
By: A/R. Mark Dietz
R. Mark Dietz
State Bar No. 05857200
APPROVED:
66
By
Brooks Bennett, City Manager