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~., <br />., . . <br />.. <br />. WOMBLE <br />CrARLYLE <br />SANDRIDGE <br />& RICE <br />One West Fourth Street <br />Winston-Salem, NC 27101 <br />Telephone: (336) 721-3600 <br />Fax: (336) 721-3660 <br />vvww yvcsr.com <br />A PROPE55tONAL LtMITEn <br />LIAH111TY COMPANY <br />February 12, 2009 <br />Geoffrey E. Gledhill <br />County Attorney <br />Orange County <br />P. O. Drawer 1529 <br />Hillsborough, NC 27278-1529 <br />Dear Geof: <br />James R Morgan, Jr. <br />Direct Dial: (336} 721-3710 <br />Direct Fax: (336) 733-8394 <br />E-mail: jmorgan@wcsr.com <br />The purpose of this letter is to confum the terms and conditions upon which our Firm will <br />undertake the representation of Orange County, North Carolina, regarding litigation arising out <br />of Orange County .siting of a solid waste transfer station or related issues. <br />In order to enable us effectively to render these services, you will fully and accurately <br />disclose all facts and keep us advised of all developments relating to the matter. You will <br />otherwise fully cooperate with us and will be available to attend meetings, discovery proceedings <br />and conferences, hearings and other proceedings. $ecause the outcome of litigation is subject to <br />the vagaries and risks inherent in the litigation process, it is understood that we have made no <br />promises or guarantees to you concerning the outcome and cannot do sa. Nothing in this <br />representation letter shall be construed as such a promise or guarantee. <br />Our fees will be based on the billing rates charged by each attorney. 'I will be primarily <br />responsible for handling this matter. My time will be billed at the discounted rate of $325 an <br />hour far this case. Associates' dine, if associates work on this case, will be billed at $235 an <br />hour. These are discounted rates that v~re are able .to offer to Orange County as a local <br />government. These billing rates are subject to adjustment from time to time by the firm without <br />prior Notice. Although I will be prunarily responsible far this engagement, various portions of <br />this matter may be delegated to other firm lawyers. In an effort to reduce legal fees, we utilize <br />paralegal personnel. Time devoted by. paralegals to client.matters is charged at special billing <br />rates generally ranging from $120 to $185 per hour, which also are adjusted from time to time. <br />The attachment reflects our policy in regard to billing for costs and disbursements. Our <br />statement far fees and expenses will be rendered to you monthly and wil! be due upon receipt. <br />Any statement which is not paid within 30 days of its date will be considered past due. Past due <br />billings will accrue interest at the rate of 1'/z % per month (18% per annum) until paid. <br />WCSR is a multi jurisdictional law firm representing many clients and handling a large <br />number of complex matters each year. As a result, conflict of interest issues arise and, from time <br />to time, may even include disputes between the firm and our own clients over the handling of a <br />matter. Under such circumstances, we need the ability to seek expert analysis of our obligations <br />from our General Counsel's office or outside counsel without waiving the firm's own attorney <br />client privilege. We believe that seeking expert advice is in our clients' interest as well as our <br />own. Accordingly, in signing this agreement, you consent to our seeking advice from our <br />GEORGIA /SOUTH CAROLINA /NORTH CAROLINA / YIRG[NIA /WASHINGTON D.C. /MARYLAND /DELAWARE <br />