HomeMy WebLinkAboutCover MemoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Honorable Mayor ` nd Members'of the City Commission
FROM: Jorge L. Fernan t t . • ttorney4 Qd
DATE: February 26,�I07
RE:
Claim for Reimbursement of Attorney's Fees
Arturo Sarduy v. Jorge Linares and City of Miami,
Case No. 00-04270-CIV-MOORS (File No. 06-02113)
This memorandum seeks your recommendation concerning the payment of legal fees and
costs to Ronald J. Cohen, Esquire for his representation of Officer Jorge Linares in the above -
referenced civil case.
Section 111.065, Fla. Stat. provides the agency employing a law enforcement officer with
the option to pay the legal fees and costs for any law enforcement officer in any civil or criminal
action when the action arose out of the performance of the officer's official duties, and the
plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty. See
Fla. Stat. § 111.065. Ronald J. Cohen, Esquire has made a request on behalf of Officer Jorge
Linares for reimbursement in the amount of $132,930.92, which includes attorney's fees in the
amount of $104,010.00, paralegal fees in the amount of $17,867.70 and costs in the amount of
$11,053.22.
All claims have been voluntarily dismissed against Officer Linares, who was sued for
alleged civil claims for his actions while on duty and in the course and scope of his employment.
The amount of attorney's fees requested and Mr. Cohen's complete file have been
reviewed by an outside defense legal expert retained by the City. That expert has determined
that $97,012.50 would be a reasonable fee for the legal services provided and $11,053.22 would
be a reasonable fee for the total billed for costs.
Should the Commission decide to exercise its discretion to reimburse Mr. Cohen, the
following three options are available: (1) pay the full amount requested by the officer's attorney
($132,930.92) based upon Mr. Cohen's opinion that his fees and costs for his services are
reasonable; (2) pay $108,065.72, representing the $97,012.50 amount of attorney's fees
determined to be a reasonable fee for Mr. Cohen's services based upon the opinion of the expert
defense attorney retained by the City to review Mr. Cohen's fees, plus $11,053.22 in costs; or (3)
pay another amount as determined by the Commission, not to exceed the amount sought by Mr.
Cohen. Alternatively, the Commission could decline to pay any amount.
If the Commission decides to pay some amount of fees to Mr. Cohen, the funds for such
payment will be allocated from the City of Miami Self -Insurance and Insurance Trust fund,
Index Code No. 05002.301001.545000.0000.00000.
c: Pedro G. Hernandez , City Manager
Elvi G. Alonso, Agenda Coordinator
Enclosure(s)
Doc. No.: 67694