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17E361Fc 20220107 Rich Capriola Lawyer Engagement Zeeman 2

Field Value
Category Financial > Attorney Billing
Confidence high
Reason Employment contract establishing retainer fees, hourly rates, billing terms
Original File 17e361fc_20220107_rich_capriola_lawyer_engagement_zeeman__2.pdf
File Type PDF
Source gmail-export
17e361fc_20220107_rich_capriola_lawyer_engagement_zeeman__2.pdf

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EMPLOYMENT CONTRACT Sarah Zeeman (hereinafter "Client") hereby employs Winter Capriola Zenner LLC (hereinafter "Attorney") to represent Client on her counterclaim in the case styled Jonathan Sweatman v. Sarah Zeeman.

Superior Court of DeKalb County, State of Georgia, Civil Action File No. 21CV9795. It is understood that Client has retained other counsel to defend the claims asserted by the Plaintiff.

Attorney accepts this

employment and agrees to use its best efforts to represent Client in this matter upon the following conditions: (1)

Retainer and Fees

Client shall pay to Attorney the sum of $7,500.00 immediately as an initial

retainer and deposit against fees for time and services. Any portion of the retainer that has not been expended at the conclusion of the matter shall be refunded to Client.

Client agrees to pay Attorney for

representation of Client at the following hourly rates: Richard Capriola/Partners - $475.00 per hour and associates $280.00 - $350.00 per hour. It is the practice of Attorney to raise the hourly rates for each of its attorneys on a periodic basis, typically once at the beginning of each calendar year. Client agrees to pay for

the services of such Attorneys at these higher hourly rates at such times as these higher hourly rates are put into effect.

In addition to the foregoing listed individuals, Winter Capriola Zenner LLC, in its sole

discretion, may utilize other attorneys, staff and employees at the Firm to perform services on behalf of Client for which Client will be billed. Client agrees to pay for the services of such other attorneys, staff and employees at their standard hourly rates.

(2)

Costs

Client agrees to pay, in addition to fees for time and services, all expenses incurred associated

with this matter as the same accrue, including, but not limited to, court costs, court reporters’ fees, investigations, accountants’ fees, appraisers' fees, postage, long-distance telephone charges, standard firm charges for photocopying, facsimile transmissions and in-house courier service, third party courier services, parking, staff overtime, extraordinary office or trial supplies and travel expenses.

The Attorney is not

required to advance these sums or otherwise finance the litigation. Any awards of fees or expenses to Attorney by the court to be paid by another party in this matter will be credited, when paid, to the balance owed by Client over the retainer. (3)

Billing Attorney will regularly send Client a statement of her fees (billed in 6 minute increments) and

the Client agrees to remit all these sums within 30 days of the statement date. Client expressly authorizes Attorney to apply retainer funds held in Attorney’s trust account to each monthly statement until the retainer has been depleted.

The statement will reflect time, services, and costs for conferences, telephone calls,

drafting and review of documents and letters, research, court time, expenses, and any services rendered associated with this matter. Total time cannot be determined in advance. Client hereby waives the right to contest any charges made for legal services and expenses on statements if no written complaint is received

by Attorney within 30 days from the date of the statement.

Interest shall accrue at the rate of 18% per

annum on account balances not paid within 30 days of the statement date.

(4)

No Guarantees

It is agreed that Attorney has made no guarantees regarding any aspect of the case or

successful termination of Client's representation, and all expressions relative thereto are matters of Attorney's opinion only. (5)

Cooperation

Client recognizes and agrees the need for cooperation and communication with legal

counsel. Attorney (or someone on her behalf, i.e. an associate, paralegal or legal assistant) will promptly respond to all Client requests for information, status updates and similar information as it relates to her case.

Client agrees to promptly respond to all Attorney requests for information, documents, telephone

conferences, in person meetings and the like.

Client agrees to engage in good faith mediation and/or

settlement negotiations with the opposing party prior to trial.

(6)

Termination of Relationship

Attorney may terminate legal services to Client, or withdraw from

representation upon written notice to Client in the event that Client fails to cooperate on any reasonable request or if Attorney determines in its sole discretion that to continue legal services would be unethical or

impractical. Attorney further reserves the right to terminate this Employment Agreement for nonpayment of fees or expenses and Client agrees not to contest Attorney’s withdrawal from representation if such

withdrawal is based in whole or in part upon Client’s non-payment of fees. (7)

Merger This Agreement contains the entire understanding of the Client and Attorney with respect to

its subject matter, and any prior agreements or understandings related thereto, whether written or oral, are entirely superseded hereby.

This Agreement may not be amended, modified, supplemented, or altered

except in a writing duly executed by both client and attorney. Should it be necessary for Attorney to file

suit in an effort to collect any unpaid fees and/or expenses, the parties hereby agrees to subject themselves to the jurisdiction and venue of the Fulton County, Georgia Court and Client shall pay all reasonable and necessary fees and expenses of litigation incurred by Attorney in such suit.

(8) Multiple Counterparts and Facsimile/Email Execution This Agreement may be executed in multiple counterparts, each of which will be deemed an original and all of which together constitute one and the same instrument. In addition, this instrument may be executed in multiple originals, each of which will be

deemed an original. Original signature pages transmitted by facsimile or email will have the same force

and effect as delivery of an original signature. (9) No Assignment. This Agreement may not be assigned in whole or in part by cither party without the express written approval of all parties.

Dated this le day of January, 2022. AGREED TO BY:

_ 1, Qer-~—— sek

Sarah Zeeman

7

Address: 2740 Grove Street, NE Brookhaven, GA_30319

Email: szeeman@gmail.com Phone: (404) 372-6152

Winter Capriola Zenner LLC

By:

Richard J. Capriola, Member