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HomeMy WebLinkAboutM-77-0443ettV OP MIAMI. ftLbtRibA Pic tvitMelt4ANbliM o Honorable Members of the City Commission "m Gorge F Knox, Jr. City Mt rney bmt. May 17, 1077 tutotcr- gpecial COUt1801. it City or Miami ve PEC ttt htt4cLS: rNCLOSUrtES: Pursuant to the request of the City Commission, I have contacted Leon Black, who has offered to work on an hourly basis in the above captioned matter. While Mr. Black will be handling the trial and directing the efforts, other members of his firm, as well as para-legals, will be working on the case. The rates are as follows: Leon D. Black, Jr. James J. Kenny William G. Earle Brian P. Patchen Michael C. Flynn Thomas J. Cunningham $200 per hour $150 per hour $150 per hour $100 per hour $19.55 per hour $14.45 per hour His letter provides that he would agree to an overall cap of $250,000 for attorney's fees in the trial court and would expect the fee to run below that figure. Mr. Black said that he does not believe that appellate work would be expected to exceed $25,000. The problem in hiring Mr. Black is that there is a potential conflict of interest in the case of City of Miami v. Cox. Mr. Black's firm handled this case for property owners Kreidt, Cox and DuPuch. Since the City has authorized this department to file a new action, Mr. Black has told us that his first allegiance would be to these clients. Regarding the "potential conflict of interest", the standards to apply are (1) whether the attorney is able to exercise his independent judgment on behalf of the City in this case, (2) whether the City will have the attorney's undivided loyalty in this case, (3) whether the attorney fully discloses the nature of the potential conflict, (4) whether the City consents to the representation under the circumstances. I have also spoken with Mr. Farrell who has indicated that he would not work for an hourly rate. He has modified his fee as follows: He would charge the City 1-1/2% on the average amount of the two appraisals sub- mitted by the City's appraisers, with a cap ,,mmi, This fee would include all trial and appellate work. L.C1 ci mAy 17 m77 COMM .0. R. GIBSON CITY QMI ---- , ' • • - . r • • , r., • - .