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Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
63 Cannon Street – B Poughkeepsie, New York 12601 bdy@youngwirthlaw.com P:845.745.3019
PRIVILEGED PERSONAL CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION
February 15, 2024
Via E-mail to mayor@redhooknyvillage.com
Mayor Karen Smythe Village of Red Hook 7467 S Broadway Red Hook, NY 12571
Re: Labor and Employment Legal Services – General - 2024
Dear Mayor Karen Smythe:
On behalf of Youngwirth Law, PLLC (“YLP”), I wish to thank you for retaining our law firm to represent your interests in connection with the above-referenced matter. This Letter of Engagement confirms that YLP has been retained to represent the Village of Red Hook (“the Village”, “you” or “the Client”) and confirms our understanding regarding the terms of our engagement. We are required by law to send each new Client a statement of the fee arrangement and billing practices.
I request that you review the following, sign the enclosed copy of this letter and return it to me. If the information is not correct, kindly call me immediately so that we can discuss any changes which are appropriate. Until notified to the contrary, we shall proceed with the handling of this matter on the basis of the agreement set forth herein.
We will provide counsel and representation in connection with all labor and employment matters including:
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Collective bargaining negotiations and all impasse resolution procedures or proceedings.
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Employee handbook review/amendments.
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Preparation of disciplinary charges under Section 75 of the New York Civil Service Law and Section 150 of Town Law.
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Disciplinary hearings and disability hearings under New York Civil Service Law.
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Grievances filed under the terms of a collective bargaining agreement.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
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Preparation/review of all documents in connection with proceedings before the Public Employment Relations Board.
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Litigation or proceedings before any state or federal court or administrative agency.
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Meetings with the Town Board and/or Town employees in connection with any laborrelated matter.
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Periodic letter updates concerning relevant legal changes by way of legislative action or court decisions.
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All general day-to-day advice and consultation required by the Town in connection with labor and employment.
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Any other matter assigned by the Town Board.
This engagement does not oblige YLP to undertake any appeals on your behalf. However, YLP reserves the right to do so at the Town Board’s election. Our charges to you will consist of our fees, which are based upon a rate for municipalities of $190.00 per hour for attorneys and $100.00 per hour for paralegals, plus disbursements.
We are not requesting a retainer at this time, but reserve the right to do so in the future should we determine one is appropriate based on the matter to be handled. This retainer will be credited to your account and will be applied to charges for services rendered. Any unused retainer remaining will be refunded to you. If the retainer is fully exhausted prior to your matter being completed, we reserve the right to either request additional funds in advance or, at our option, to bill you monthly.
Legal services may be provided by various members of our law firm and the appropriate hourly rate will be charged in connection with such services. At this time, the hourly rate schedule is as follows: Members, $190; Law Clerks and Paralegals $100. The Lawyer who we presently expect to work primarily on your file is Brooke D. Youngwirth, whose hourly rate is currently $190.00. If the fee structure is modified by the law firm in the future, we shall provide thirty (30) days-notice of same to you, and the new rates shall not become effective with respect to your matter until the expiration of that thirty (30) day period. You shall be advised of the hourly rate of each person who works on your file in the invoices which are rendered to you. We generally change our hourly rates on January 1 of each year. If another member of our Firm works on your case, that attorney’s hourly rate will be reflected in our fee.
In addition to our fees for legal services, the Village shall reimburse YLP for any expenses or disbursements incurred by YLP on behalf of the Village, including filing fees, recording fees, fees for searches, investigation expenses, fees for stenographic transcripts of testimony, travel and lodging expenses, long distance telephone charges, photocopying charges, expert witness fees, research and other reasonable expenses incurred by YLP in performing the services to be provided under this Agreement. If requested, the Village will make payment directly to the provider of any such services.
For large out-of-pocket disbursements, you may be required to pay in advance of the law firm, stenographer, or expert undertaking work or rendering a report. For example, with respect to deposition billings, same will be provided to you upon receipt by the law firm and must be paid by you in full directly to the shorthand reporting service within thirty (30) days of its date.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
You should know that in most instances, attorney fees are not recoverable in court or arbitration proceedings. We may seek reimbursement of fees you pay to us on your behalf but there is no guarantee a court or arbitrator will grant our request.
YLP reserves the right to withdraw from this engagement whenever withdrawal is required or permitted by ethical standards of practice. If a substitution of attorney becomes necessary, the Village agrees that it will promptly select substituted attorneys and cooperate fully in effecting such substitution. YLP’s rights under this Agreement shall be unaffected by a voluntary or involuntary assignment of the Villages’ claim or rights.
YLP will extend its best efforts on behalf of the Village, but YLP does not guarantee a favorable determination in proceedings before any court, tribunal or government authority. Payment of legal fees is not contingent upon obtaining a favorable result or determination.
In various cases we undertake, we attempt to assign the attorney or attorneys whom we believe will most effectively be able to handle the particular issues in question from a professional standpoint cost effectively to the Village. At times, there may be more than one attorney working on your legal matters as complexity, expertise or other issues require. As schedules permit, we also try to make sure that work that can be done by an attorney at a lower hourly rate is not being performed by an attorney at a higher hourly rate.
From time to time, YLP may forward to the Village documents in draft form, which may be in any format including word processor or PDF. The Villages’ revision or use of such documents without counsel’s review or for a use not approved or designated by counsel may have unintended consequences for which YLP cannot be held responsible. The Village is encouraged to have counsel review all documents prior to use by it or re-drafting same and uses said documents at its own risk.
The matter we are handling for you has been entered into our periodic billing system. You will receive a billing for legal fees and costs approximately every thirty (30) days. Unless specifically provided to the contrary under the heading “Special Arrangements”, you will be required to pay your bill for fees and costs, in full, upon receipt Payment is due upon receipt. A late fee is added to balances unpaid thirty (30) days after the invoice date at a rate of one percent (1%) per month or twelve percent (12% APR) per annum. In all cases, we reserve the right to stop performing services if our invoices are not paid on a timely basis.
If you have any questions concerning your billing upon its receipt, do not hesitate to contact me. If we are providing legal services for a corporation, its officers agree that they will each be individually responsible for payment of our invoices should the corporation fail to timely pay them. If you have any questions about our bill, please call us as soon as you receive your statement. We will make every effort to resolve the problem. If we have not heard from you within fifteen (15) days of the date of the bill, we will assume that you have seen it and find it acceptable. The purpose of this requirement is to resolve fee problems immediately while both the firm and the Village have a reasonable recollection of the tasks and services performed.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
Termination of Representation: We shall continue to represent your interest in this matter until any of the following occurs:
(a) You notify us that you no longer desire our representation;
(b) An unforeseen conflict has developed which, under the circumstances, requires our withdrawal as counsel;
(c) Such other circumstances develop which make it necessary, or appropriate, that our attorney-client relationship be severed; or
(d) Consistent with controlling ethical rules and the law, should you fail to communicate or cooperate in the case and/or fail to pay the firm consistent with the terms of this agreement.
Should any of these circumstances occur, we shall terminate our relationship either by consent or through an application to the court for an appropriate order.
You shall pay the firm for all work done on your behalf up to and including the motion to be relieved as counsel if that counsel of action is taken.
Special Arrangements: None
Under New York State Law, all attorneys are required to advise our clients that the Village has the right to arbitrate fees for amounts of at least $1,000.00, but less than $50,000.00. Members of an arbitration panel are impartial and will be familiar with the area of law in dispute. You understand the outcome of arbitration is final and binding upon all parties to the dispute.
At the conclusion of the matter, your file will be placed in closed status. Should you desire copies of any portions of your file that are property of the Village, please let us know and we will provide them to you. We may require that you cover copying and delivery charges to the extent permitted by law. We will retain your closed file for a period of at least seven (7) years or such longer time as deemed appropriate, but after seven years, it may be destroyed without further notice unless you notify us to the contrary in writing.
Enclosed are copies of the New York State Statement of Client’s Rights and Statement of Client’s Responsibilities. Please confirm your agreement with the provisions of this Letter by promptly signing a copy of this Letter and returning it to us. Upon receipt, we will commence work based upon the understanding contained in this Letter. Should you have any questions as to this Letter, or any other aspect of our representation of you, please contact us at your earliest convenience.
This Letter sets forth all the terms of the Village’s engagement of YLP regarding this matter. There are no other agreements or understanding between YLP and the Village regarding this matter.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
Once again, we appreciate the opportunity to be of service to you in this matter and look forward to working with you. If you have any questions or require additional information in the meantime, please do not hesitate to contact me.
Very truly yours,
YOUNGWIRTH LAW, PLLC
Brooke Youngwirth
_____________________________ Brooke D. Youngwirth, Member
Agreement :
I have read the above Letter and understand and agree to its provisions.
_______________________________ Mayor Karen Smythe
Date:
BDY/arp Enclosures
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
Statement of Client’s Rights
Section 1210.1 of the Joint Rules of the Appellate Division amended June 1, 2018
(22 NYCRR §1210.1)
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You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.
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You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not
satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.
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You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
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You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
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You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
- You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient
information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.
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You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. Court approval of a settlement is required in some matters.
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You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.
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You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.
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You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin or disability.
Statement of Client’s Responsibilities
(Informational Statement Adopted by the New York State Bar Association)
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The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.
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The client’s relationship with the lawyer should be one of complete candor and the client
should apprise the lawyer of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.
Brooke D. Youngwirth, Member David R. Wise, Of Counsel Attorneys at Law
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The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law.
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All bills tendered to the client for services rendered pursuant to the agreed upon arrangement regarding fees and expenses should be paid when due.
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A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.
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Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients who may be equally deserving of the lawyer’s time and attention.
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The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number, address, email, or other electronic contact information, and respond promptly to a request by the lawyer for information and cooperation.
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The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct.
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The lawyer may decline to accept a matter if the lawyer has previous personal or professional commitments that will prohibit the lawyer from devoting adequate time to representing the client competently and diligently.
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A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or a suitable working relationship with the client is not likely.