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City of North Olmsted. <br />you is entitled to rely on any advice or other communication we give to you, unless we otherwise mutually agree, <br />in writing. <br />Conflicts of Interest <br />We represent and have represented many clients over the years on a variety of legal matters. As a result, you <br />possibly may find yourself in a position adverse to another of our clients in litigation, business negotiations, or <br />Borne other legal matter in which we do not represent you and which is unrelated to this engagement. <br />Accordingly, we include the following: <br />You agree that we may continue to represent or may undertake in the future to represent existing or new clients in <br />any matter that is not substantially related to our work for you, even if the interests of such clients in those other <br />matters are directly adverse to your interests. We agree, however, that your prospective consent to conflicting <br />representation contained in the preceding sentence shall not apply in any instance where, as a result of our <br />representation of you, we have obtained proprietary or other confidential information of anon-public nature, that, <br />if known to such other client, could be used in any such other matter by such client to your material disadvantage. <br />In similar engagement agreements with a number of our other clients, we have asked for similar agreements to <br />preserve our ability to represent you. <br />Our Fees <br />Statements generally are rendered on a monthly basis for legal services rendered during the previous month. In <br />determining fees, the major factor is usually time expended. We assign hourly rates for each member of our legal <br />staff based on years of experience, areas of expertise and level of professional attainment. <br />We will use our discretion in staffing in order to provide proper legal representation. Billing rates for both <br />attorneys and paralegal personnel are, from time to time, reviewed and adjusted on a firm-wide basis and may <br />change during the course of our engagement. Our time charges are based on tenth of an hour increments. <br />Although we may from time to time, at a client's request, furnish estimates of legal fees and other charges that we <br />anticipate will be incurred, these estimates are by their nature inexact (due to unpredictable circumstances) and, <br />therefore, the, actual fees and charges ultimately billed may vary from such estimates. <br />In this particular instance, our fees will be capped as explained in Proposals #1 and #2. <br />Payment to the Firm is expected upon receipt of our statement. If at any time during our relationship you find that <br />you are unable to meet the payment arrangement, we urge you to contact us immediately. <br />Advance Triul Fee Deposit <br />Although most matters settle, your matter may go to trial. Trials are typically time-intensive, and trial-related <br />services and expenses can mount rapidly. Once it is clear that your matter must be prepared for trial, we may <br />require you to pay an advance trial fee deposit to cover the fees and costs that we anticipate will be required to <br />prepare for and to take your matter through trial. The purpose of the advance trial tee deposit would be to enable <br />us to provide the increased level of resources we must commit in order to deliver our services related to trial, and <br />to assure timely payment for those trial-related services and expenses. <br />The amount of the advance trial fee deposit would be based on a number of factors, including, but not limited to, <br />the amount of time and resources that we will need to expend getting ready for trial, trying the case and attending <br />to any anticipated post-trial proceedings. We would also take into account the amount of any unapplied retainer <br />