CM-08-03-057DATE: March 3, 2008
SUBJECT: City Manager - March 7, 2008
ITEM: Consider executing Engagement Letter with Joseph P. Webber in
matters relating to the Wastewater Disposal Contract.
Department: Legal
Staff Person: Steve Sheets
Justification:
Funding:
Cost: $10,000
Source of funds:
Outside Resources:
Background Information:
Public Comment: N/A
00127872
Blue Sheet Format
Updated 01/20/04
Feb 12 08 11:33a Joseph P. Webber
TEL: (512) 472-1131
FAX: (512) 479-8977
Webberlawaustin@aol.com
Mr. Jim Nuse
City Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
LAW OFFICES
OF
JOSEPH P. WEBBER
February 12, 2008
512-479-8977 p.3
100 CONGRESS AVENUE
SUITE 2100
AUSTIN, TEXAS 78701
SUBJECT: "Wastewater Disposal Contract" dated October 1, 2000 among Brazos River
Authority; Lower Colorado River Authority; City of Round Rock; City of Cedar
Park; and City of Austin
Dear Mr. Nuse:
This letter will set out the fee agreement by which this firm proposes to represent the City of
Round Rock, Texasthe City") ty -) in regard to matters relating to the subject `Wastewater Disposal
Contract" ("the contract" or "the subject contract"), specifically including, but not limited to,
review and analysis of the contract and the City's operating experience under the contract;
consulting with the City and the City Attorney, Stephan L. Sheets, on matters relating to the
contract; and assisting the City and the City Attomey in regard to any mediation which may be
conducted in regard to the contract.
As used hereafter, the term "the City" means the City of Round Rock, Texas.
The proposed fee agreement is as follows:
1. This firm will receive payment of a Ten Thousand and No/I00 Dollar ($10,000)
retainer fee;
2. The City will pay for legal services rendered by this firm at this firm's standard
hourly rates for attorneys and paralegals. The City will initially be billed at the
current standard hourly rate of $300 per hour for all work which I may perform; the
City will initially be billed at the current standard hourly rate of $150 per hour for all
work which any associate attorney may perform; the City will initially be billed at
the current standard hourly rate of $60 per hour for all work which any paralegal
may perform. The City will be given thirty (30) days written notice of any increase
in this.firm's standard hourly rates. All billings will be in minimum increments of
one-tenth (0.10) hour for all work performed. The first $10,000 in hourly billings
will, of course, be deducted from the $10,000 retainer fee. Expenses will not be
deducted from the $10,000 retainer fee;
3. This firm will be reimbursed for any and all expenses incurred as a result of its
representation of the City, specifically including, but not limited to, any and all
travel expense, long distance telephone expense, photocopy expense, telecopy
expense, expense of modem use and access to databases for computerized legal
BOARD CERTIFIED, CIVIL TRIAL LAW — TEXAS BOARD OF LEGAL SPECIALIZATION
2225. fee. agreernent2-12-0$
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Feb 12 08 11:33a Joseph P. Webber 512-479-8977
p.4
Mr. Jim Nuse
February 12, 2008
Page 2
research, filing fees, court reporter fees, transcript costs, court costs, and expert
witness fees and expenses. Expenses will normally be billed periodically as they
accrue; however, this firm reserves the right to submit billings and/or invoices for
expenses (E.g., court reporter fees, expert witness fees, photocopy fees, etc.) directly
to the City for payment; this firm also reserves the right to request that the City to
prepay any expenses (E.g., court reporter fees, expert witness fees, photocopy fees,
etc.) for which we deem prepayment necessary or desirable;
4. An itemized invoice will be submitted to the City periodically reflecting all work
which may be performed and all expenses incurred;
5. In legal representation of any kind it is, of course, impossible to predict or guarantee
results. This letter will confirm that this firm cannot promise or predict, and has not
promised or predicted, the results of its representation of the City in regard to
matters pertaining to the subject contract; and
6. In my representation of the City I will follow "The Texas Lawyer's Creed -A
Mandate for Professionalism" ("Texas Lawyers' Creed"), a true and correct copy of
which is attached hereto and made a part hereof for all purposes. Please read the
attached Texas Lawyers' Creed carefully before signing this fee agreement.
If the above described fee agreement is, in all respects, satisfactory, please acknowledge the
City of Round Rock's acceptance by signing this letter in the space provided below for your
signature. Please deliver an executed copy of this fee agreement (bearing your signature) to this
office.
I look forward to working with you; with the administration and staff of the City of Round
Rock; and with the City Attorney, Stephan L. Sheets, in regard to matters relating to the subject
contract.
JPW:oml
Sincere - y • urs,
osep P. Webber
ACKNOWLEDGED AND AGREED TO BY THE UNDERSIGNED ON THIS THE `✓I
DAY OF -FEBRUARY 2008:
City of Round Rock, Texas
By:
Ji►Nue
Ci M. ager
2225.fee. aereement_2-] 2-08
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p.5
The Texas Lawyer's Creed Page 1 of 5
TI -11 TEXAS LAWYER'S CREED
A MANDATE FOR PROFESSIONALISM
Promulgated by
The Supreme Court of Texas and the Court of Criminal Appeals
November 7, 1989
I am a lawyer I Pro entrusted by the People of Texas to preserve and improve our legal system. I am
licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct, but I know that professionalism requires more than merely avoiding the violation
of laws and rules. I am committed to this creed for no other reason than it is right.
I. OUR LEGAL SYSTEM
A lawyer owes to the administration of justice personal dignity, integrity, and independence. A lawyer
should always adhere to the highest principles of professionalism.
L I am passionately proud of my profession. Therefore, "My word is my bond."
2. I am responsible to assure that all persons have access to competent representation regardless of
wealth or position in life.
3. I commit myself to an adequate and effective pro bono program.
4. I am obligated to educate my clients, the public, and other lawyers regarding the spirit and letter of
this Creed.
5. I will always be conscious of my duty to the judicial system.
II. LAWYER TO CLIENT
A lawyer owes to a client allegiance, learning, skill, and industry. A lawyer shall employ all appropriate
means to protect and advance the client's legitimate rights, claims, and objectives. A lawyer shall not be
deterred by any real or imagined fear of judicial disfavor or public unpopularity, nor be influenced by
mere self-interest.
1. I will advise my client of the contents of this creed when undertaking representation.
2. I will endeavor to achieve niy client's lawful objectives in legal transactions and in litigation as
quicldy and economically as possible.
3. I will be loyal and committed to my client's lawful objectives, but I will not permit that loyalty and
commitment to interfere with my duty to provide objective and
independent advice.
4. I will advise my client that civility and courtesy are expected and are not a sign of weakness.
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Thu Texas Lawyer's Creed Page 2 of 5
5. I will advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and due consideration. A client has no right
to demand that I abuse anyone or indulge in any offensive
conduct.
7. I will advise my client that we will not pursue conduct which is intended primarily to harass or drain
the financial resources of the opposing party.
8. I will advise my client that we will not pursue tactics which are intended primarily for delay.
9. I will advise my client that we will not pursue any course of action which is without merit.
10. I will advise my client that I reserve the right to determine whether to grant accommodations to
opposing counsel in all matters that do not adversely affect my
client's lawful objectives. A client has no right to instruct me to refuse reasonable requests made by
other counsel.
11. I will advise my client regarding the availability of mediation, arbitration, and other alternative
methods of resolving and settling disputes.
M. LAWYER TO LAWYER
A lawyer owes to opposing counsel, in the conduct of legal transactions and the pursuit of litigation,
courtesy, candor, cooperation, and scrupulous observance of all agreements and mutual understandings.
Ill feelings between clients shall not influence a lawyer's conduct, attitude, or demeanor toward
opposing counsel. A lawyer shall not engage in unprofessional conduct in retaliation against other
unprofessional conduct.
1. I will be courteous, civil, and prompt in oral and written communications.
2. I will not quarrel over matters of form or style, but I will concentrate on matters of substance.
3. I will identify for other counsel or parties all changes I have made in documents submitted for
review.
4. I will attempt to prepare documents which correctly reflect the agreement of the parties. I will not
include provisions which have not been agreed upon or omit
provisions which are necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the Court or other persons, as soon as
practicable, when hearings, depositions, meetings, conferences or
closings are cancelled.
6. I will agree to reasonable requests for extensions of time and for waiver of procedural formalities,
provided legitimate objectives of my client will not be
adversely affected.
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The Texas Lawyer's Creed Page 3 of 5
7. I will not serve motions or pleadings in any manner that unfairly limits another party's opportunity
to respond.
8. I will attempt to resolve by agreement my objections to matters contained in pleadings and
discovery requests and responses.
9. 1 can disagree without being disagreeable. I recognize that effective representation does not require
antagonistic or obnoxious behavior. 1 will neither encourage
nor knowingly permit my client or anyone under my control to do anything which would be
unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor
bring the profession into disrepute by unfounded accusations
of impropriety. I will avoid disparaging personal remarks or acrimony towards opposing counsel,
parties and-witnesses.1 will not be influenced by any iI.l feeling
between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of
opposing counsel.
11. I will not take advantage, by causing any default or dismissal to be rendered, when I know the
identity of an opposing counsel, without first inquiring about that
counsel's intention to proceed.
12. I will promptly submit orders to the Court. I will deliver copies to opposing counsel before or
contemporaneously with submission to the Court I Will promptly
approve the form of orders which accurately reflect the substance of the rulings of the Court.
13. I will not attempt to gain an unfair advantage by sending the Court or its staff correspondence or
copies of correspondence.
14. I will not arbitrarily schedule a deposition, court appearance, or hearing until a good faith effort has
been made to schedule it by agreement.
15. 1 will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any
party -
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests. I will not resist discovery requests which are
not objectionable. I will not make objections nor give
instructions to a witness for the purpose of delaying or obstructing the discovery process. I will
encourage witnesses to respond to all deposition questions
which are reasonably understandable. I will neither encourage nor permit my witness to quibble
about words where their meaning is reasonably clear.
18. 1 will not seek Court intervention to obtain discovery which is clearly improper and not
discoverable.
19. 1 will not seek sanctions or disqualification unless it is necessary for protection of my client's lawful
objectives or is fully justified by the circumstances.
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The Texas Lawyer's Creed Page 4 of 5
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diligence, candor, punctuality, and protection against unjust
and unproper criticism and attack. Lawyers and judges are equally responsible to protect the dignity and
independence of the Court and the profession.
1. I will always recognize that the position of judge is the symbol of both the judicial system and
administration of justice. I will refrain from conduct that degrades
this symbol.
2. I will conduct myself in Court ina professional manner and demonstrate my respect for the Court
and the law.
3. I will treat counsel, opposing parties, the Court, and members of the Court staff vvwith courtesy and
civility.
4. I will be punctual.
5. I will not engage in any conduct which offends the dignity and decorum of proceedings.
6. I will not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities to gain
an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy deliberate, impartial and studied analysis and consideration.
9. I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and
counsel in efforts to administer justice and resolve disputes.
ORDER OF .I, SUPREME COURT OF TEXAS
AND TIE COURT OF CRENTLNAL APPEALS
The conduct of a lawyer should be characterized at all times by honesty, candor, and
fairness. In fulfilling his or her primary duty to a client, a lawyer must be ever mindful of
the profession's broader duty to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals are committed to
eliminating a practice in our State by a minority of lawyers of abusive tactics which have
surfaced in many parts of our country. We believe such tactics are a disservice to our
citizens, harmful to clients, and demeaning to our profession.
The abusive tactics range from lack of civility to outright hostility and obstructionism. Such
behavior does not serve justice but tends to delay and often deny justice. The lawyers who
use abusive tactics instead of being part of the solution have become part of the problem.
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The Texas Lawyer's Creed Page 5 of 5
The desire for respect and confidence by lawyers from the public should provide the
members of our profession with the necessary incentive to attain the highest de ee of
ethical and professional conduct. These rules are primarily aspirational. Compliance with
the rules depends primarily upon understanding and voluntary compliance, secondarily
upon re -enforcement by peer pressure and public opinion, and finally when necessary by
enforcement by the courts through their inherent powers and rules already in existence.
These standards are not a set of rules that lawyers can use and abuse to incite ancillary
litigation or arguments over whether or not they have been observed.
We must always be mindful that the practice of law is a profession. As members of a
learned art we pursue a common calling in the spirit of public service. We have a proud
tradition. Throughout the history of our nation, the members of our citizenry have looked to
the ranks of our profession for leadership and guidance. Let us now as a profession each
rededicate ourselves to practice law so we can restore public confidence in our profession,
faithfully serve our clients, and fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal Appeals hereby promulgate and
adopt
"The Texas Lawyer's Creed - A Mandate for Professionalism" as attached hereto and
made a part hereof.
In Chambers, this 7th day of November, .1989.
The Supreme Court of Texas
Thomas. R. Phillips, Chief Justice
Franklin S. Spears
C. L. Ray
Raul A. Gonzales
Oscar H. Mauzy
Eugene A. Cook
Jack Hightower
Nathan L. Hecht
Lloyd A. Doggett
Justices
The Court of Criminal Appeals
Michael J. McCormick, Presiding Judge
W. C. Davis
Same Houston Clinton
Marvin 0. Teague
Chuck Miller
Charles F. (Chuck) Campbell
Bill White
M. P. Duncan, III
David A. Berchelmann, Jr.
Judges
l,i_l7,://www.law.uh.e,duilibrasies/etbicsficrced/index.htn l . 4/5/2006