CCR2012039-Attachment
April 6, 2012
Via Email Only smueller@ci.muskego.wi.us
Sharon Mueller, Director of Finance & Administration
W182 S8200 Racine Ave
P.O. Box 749
Muskego, WI 53150-0749
Re: Representation of City of Muskego regarding possible Recall elections
Dear Ms. Mueller,
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 collectively referred to as "Client") in connection with the potential 2012 recall and recall elections.
Attorney may retain associate counsel, consultants, 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 our reduced hourly fees at the rate of $190 per hour for Attorneys Michael S. Maistelman and
Dennis R. Krueger, and $50 per hour for support staff Heidi Henderson.
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, municipal meetings, 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 (fees for collection of unpaid legal fees and
expenses will be at Attorney’s hourly rates as described in Paragraph 2), 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 $.60/per mile.
5. 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
Fee Agreement
Page 2 of 2
July 6, 2011
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.
6. STATEMENTS FOR SERVICES, COSTS, AND DISBURSEMENTS ARE DUE AND PAYABLE WITHIN 20
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 20 days will be subject to a 1% monthly (12%
yearly) interest charge on any unpaid balances.
7. 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.
8. 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 April, 2012 at Milwaukee, Wisconsin.
Maistelman & Associates, LLC
_______________________
By: Michael S. Maistelman
ACKNOWLEDGED, AGREED, AND CONSENTED:
Name:___________________________________
Signature:_____________________________
Title:_________________
On behalf of the City of Muskego
______________
Date