Orange County NC Website
DocuSign Envelope ID:366FDAE2-AD4E-4249-B7C6-59DC3A919179 <br /> Privileged & Confidential <br /> Orange County,North Carolina <br /> Attn. Mr. John Roberts <br /> January 24, 2019 <br /> Page 3 <br /> learned from You while working on your behalf. Such matters could include, for example, (i) <br /> our representation of a lender, borrower, buyer, or seller in an ordinary course transaction <br /> where You are a party to the transaction and not represented by the Firm in that matter; (ii) our <br /> representation of a client as a witness in responding to a subpoena for documents or testimony <br /> in a lawsuit where You are a party but are not represented by the Firm; (iii) our representation <br /> of a client pursuing documents or testimony by subpoena from You in a lawsuit in which You <br /> are a witness and not a party; (iv) our representation of a debtor or creditor in an unrelated <br /> bankruptcy or restructuring matter in which You are a debtor or creditor and not represented by <br /> the Firm in that matter; (v) our representation of a client in an administrative application or <br /> permit process where You have an interest; and (vi) our providing general advice to a Client in <br /> an unrelated matter where You have an interest or could be affected. <br /> 6. Fees. The Firm's fees will be based upon the hours worked by Firm attorneys and other <br /> professionals multiplied by the timekeeper's current hourly rate. Ms. Shires' discounted rate <br /> offered to the Client is $390.00 per hour. The Firm periodically adjusts hourly rates usually in <br /> December for the upcoming year. The Firm typically does not send to clients a separate notice <br /> of adjustments in hourly rates before they occur. <br /> 7. Expenses. Ancillary services billed to the Firm on your engagement by a third party <br /> vendor will be billed to you as a separate item on our invoice. Billing for ancillary services <br /> may lag the use of those services by several months because of delays in receipt of third party <br /> bills and posting of accounts. In certain circumstances, we may request you to pay the third <br /> party vendor directly. Necessary travel, lodging, meals, and other expenses will be billed to <br /> you at the actual cost of the expense or in the case of mileage at the IRS approved mileage rate. <br /> We will bill a specific charge to you for copies, courier services, computerized research, <br /> electronic document hosting, and staff overtime when and if used for this Engagement. <br /> The firm has agreed with Client's request that fees be capped at $7,500.00. If fees <br /> reach the $7,500.00 cap and additional work is necessary to meet the firms' obligations under <br /> the scope of this Engagement, this Engagement will be amended and a new agreement will be <br /> negotiated and executed by the parties. <br /> 8. Retainer. The Client has agreed to pay an initial retainer of$1,500.00 when You sign <br /> this Engagement Letter and You understand that our agreement to represent the Client is <br /> expressly conditioned upon our receipt of the full retainer. The retainer will be deposited in the <br /> Firm's trust account and the Firm will apply the retainer against fees and expenses incurred <br /> during the Engagement. If our fees and expenses exceed the retainer, the Client will be billed <br /> and agrees to pay promptly. In addition, we may ask the Client later to pay an additional <br /> retainer under certain circumstances. If our work is completed or this Engagement is <br /> terminated before the retainer is fully used, we will return the unused balance to the Client after <br /> applying all unpaid fees and expenses, including, if applicable, fees and expenses incurred in <br /> transferring the matter to another attorney chosen by You. <br /> NPRAL1:1157212.2 <br />