CCR2008117-Agreement
June 9, 2008
City of Muskego
City Clerk Janice Moyer
W182 S8200 Racine Avenue
Muskego, WI 53150
Re: Representation of City of Muskego regarding potential recalls
Dear City Clerk Moyer,
We are pleased to confirm our firm’s engagement to represent you in the above-referenced matter.
Below please find the terms that shall govern our representation of you as required by the State Bar of
Wisconsin:
1. Maistelman & Associates, LLC (hereinafter "Attorney"), is engaged to represent the City of Muskego
(hereinafter "Client") in connection with providing Muskego with legal guidance and direction regarding the
recall process. Attorney may retain associate counsel, experts, accountants, or investigators to protect Client's
interests. Fees charged by associate counsel, experts, or investigators retained by Attorney shall be treated as
expenses to be paid by Client on demand by Attorney. Attorney will consult with client before retaining
outside counsel, experts, or investigators.
2. Client agrees to pay Attorney hourly fees at the rate of $175 (Attorneys’ current hourly rate). Attorney
customarily increases hourly rates on an annual basis. Attorney will provide Client with written notice of any
increase in Attorney's hourly rate 30 days prior to the increase.
3. It is understood that Attorney will bill Client for work that includes, but is not limited to, the following:
office conferences, telephone conversations, court appearances, reading and writing correspondence, preparing
and reviewing pleadings and documents, analyzing financial records and reports, any work related to collection
of unpaid legal fees or expenses payable to Attorney by Client, and travel to and from court or other
destinations associated with this representation.
4. Client agrees to pay on demand any actual costs or disbursements incurred or advanced on Client's behalf,
such as travel, mileage, parking, photocopies, telephone calls, process service fees, court reporter fees, postage,
witness and subpoena fees, filing and court fees, etc. Mileage will be charged at the rate of $.55/per mile.
At the conclusion of the representation, Attorney will provide Client with a written accounting of all fees and
costs incurred in the matter, or an accounting of fees and costs incurred from the date of last billing statement
sent to Client, and a refund of any advanced fees that have not been earned or advanced costs that have not
been used. If Client disputes Attorney's determination as to what amount, if any, must be refunded to Client,
Client must provide Attorney with written notice of the dispute within 30 days from the date of the final
accounting. If the dispute cannot be resolved within 30 days, Attorney will submit the dispute to binding fee
arbitration through the Milwaukee Bar Association’s Fee Arbitration Program. The Milwaukee Bar
Association’s Fee Arbitration Program may be contacted c/o Milwaukee Bar Association, 424 E. Wells Street,
Milwaukee, Wisconsin 53202, or by phone at (414) 274-6760. Client is not required by this agreement to
participate in fee arbitration and may pursue a dispute of Attorney's fees in other appropriate forums. Further,
if Attorney fails to refund unearned fees, abide by a fee arbitration award, or abide by a final decision of a
court with respect to unearned fees, Client may file a claim with the Wisconsin Lawyers Fund for Client
Protection to recover such amount. The Wisconsin Lawyers Fund for Client Protection may be contacted c/o
State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, or by phone at (800) 728-7788.
Client is hereby notified that Attorney reserves the right to require additional fee and cost advances during the
representation.
5. STATEMENTS FOR SERVICES, COSTS, AND DISBURSEMENTS ARE DUE AND PAYABLE
WITHIN 30 DAYS OF RECEIPT OF STATEMENT FROM ATTORNEY. Client agrees to pay Attorney
compensation as the case progresses. Failure to make payments as agreed may provide grounds for Attorney to
withdraw from further representation of Client. Fees and costs that are not paid within 30 days will be subject
to a 1% monthly (12% yearly) interest charge on any unpaid balances.
6. On conclusion of this legal matter and final billing of Client's account, payment must be made in full within
30 days of receipt of Attorney's Billing Statement.
7. Although discussions may have taken place concerning the results achievable and the fees to be incurred,
our firm cannot provide any guarantee as to the results of this or any other matter.
Dated this 6th day of June, 2008, at Milwaukee, Wisconsin.
Maistelman & Associates, LLC
_______________________
By: Michael S. Maistelman
City of Muskego
_______________________
By: ___________________