HomeMy WebLinkAbout06/20/2017 06H Public Defender Agreement with Hall and Gilliland, PLLCBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.H.
For Meeting of: June 20, 2017
ITEM TITLE: Resolution authorizing an agreement with Hall and Gilliland, PLLC
for public defender representation of indigent Municipal Court
defendants
SUBMITTED BY: Cliff Moore, City Manager
SUMMARY EXPLANATION:
Hall and Gilliland, PLLC has been serving as one of the two firms contracted with the City to
provide legal representation of indigent defendants in Yakima Municipal Court matters. The
attached and incorporated Agreement was negotiated in good faith and is consistent with
established state standards. Along with the general terms and conditions set forth in the
Agreement, the specific number of attorneys required to meet the State mandated case
number restrictions is included.
The attached Agreement with Hall and Gilliland, PLLC will provide public defender
representation of indigent Municipal Court defendants from May 2017 — December 31, 2022.
The agreement requires the firm to provide 5.5 attorneys to represent defendants in
approximately 2,200 cases per year, submit caseload reports to the City on a regular basis and
to monitor caseload allocations with the courts and the other public defenders in order to ensure
cases are assigned appropriately and consistent with the terms of the Agreement.
Compensation for the contract will be paid in monthly installments and is broken down as
follows:
2017: $550,000 annually; $45,833 per month
2018: $566,500 annually; $47,208 per month
2019: $583,495 annually; $48,625 per month
2020: $601,000 annually; $50,083 per month
2021: $619,030 annually; $51,586 per month
2022: $637,601 annually; $53,133 per month
All subsequent years: Previous year's compensation with a 3% increase.
ITEM BUDGETED:
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL: �~City Manager
c4p
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D resolution 6/14/2017 Cmer Merno
D Agreernent with F-lall & Gilliland 6/14/2017 Coxer Mem
G
RESOLUTION NO. R-2017-
A RESOLUTION authorizing a Public Defender Agreement with Hall and Gilliland,
PLLC.
WHEREAS, the City of Yakima is mandated by the State to provide representation
for indigent criminal defendants; and
WHEREAS, the City Manager, under authority granted by the City Council,
negotiated the Public Defender Agreement; and
WHEREAS, as a result of these negotiations, the public defender agreed to perform
public defender services; and
WHEREAS, the City Council has determined that the proposed Public Defender
Agreement for these years is in the best interest of the City of Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a City of Yakima
Public Defender Agreement with Hall and Gilliland, PLLC.
ADOPTED BY THE CITY COUNCIL this 20th day of June, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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CITY OF YAKIMA
PUBLIC DEFENDER AGREEMENT
THIS AGREEMENT, made and entered into by and between HALL AND GILLILAND
PLLC, of Yakima, Washington hereinafter the "Public Defender", and the CITY OF YAKIMA,
a municipal corporation, hereinafter referred to as the "City."
WHEREAS, the Public Defender is a firm of attorneys licensed to practice law in the
State of Washington, with offices at I I I I W. Yakima Ave., Yakima, WA 98902.
WHEREAS, the parties hereto are desirous of effectuating an agreement whereby the
Public Defender will provide legal services for indigents and other eligible persons in the
Yakima Municipal Court and its various departments; now, therefore,
2. MINIMUM STAFFING; SUBCONTRACTS: The Public Defender must provide a
sufficient number of defense attorneys to provide the services generally described in this
agreement so that all indigent defendants for whom defense counsel is appointed by the
Court will be adequately represented. Such attorneys shall be admitted to practice in
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Washington. The Public Defender shall provide the equivalent of 5.5 full-time public
defenders beginning on or before the date of full execution of this agreement. The term
"full-time" does not preclude attorneys from taking cases outside the public defense contract
as long as those additional cases do not exceed the caseload requirements and do not interfere
with proper service of the public defense contract. The Public Defender shall provide
adequate staffing to monitor and administer the duties of this agreement.
The Public Defender may provide a portion of the requisite minimum staffing by subcontract,
subject to prior approval of the City as set forth below. Any subcontractor must be a person
with whom the Public Defender has a direct written contract for indigent defense legal
services. All contracts between the Public Defender and any subcontractor shall:
a. Require that all work be performed in accordance with the requirements of this
agreement and all applicable laws, regulations, Rules of Professional Conduct, or other
legal requirements governing the work;
b. Require the subcontractor to carry and maintain insurance in strict accordance with this
agreement;
c. Ensure that the subcontractor receive adequate compensation for work assigned,
consistent with the fundamental purpose of assuring at all times the adequate
representation of indigent defendants.
3, CASE ASSIGNMENT: Except as provided in paragraph 5 below, the compensation
provided in this agreement is based on the expectation that the Public Defender will take up
to 2200 cases per year for the 5.5 attorney public defense contract beginning May 1, 2017,
with cases to be counted as described in paragraphs 4 and 8. The specific cases for which the
Public Defender will be responsible will vary, but will be allocated by assignment of the
Court on a random basis.
a. STATUS DOCKETS: Subject to approval of and in consultation with the Court, cases
assigned to the Public Defender will be put on no more than 3 separate V2 day dockets.
When cases are assigned to the Public Defender and put on a docket that is not one of the
Public Defender's dockets, the Public Defender will not be in breach by arranging for the
case to be reset to one of the Public Defender's designated dockets without the Public
Defender being present.
b. ARRAIGNMENT DOCKETS: The Public Defender will be responsible for handling
no more than 3 ) arraignment dockets per week.
CASE DISTRIBUTION BETWEEN FIRMS: Public defense cases will be assigne
between the dockets handled by the Public Defender and the dockets handled by an
other law firms/attorneys with which the City contracts for indigent defense servic
(currently Troy Lee and Associates, Inc., of Yakima, WA) in proportion to the number
full-time public defense attorneys contracted for in the respective contracts of sai
indigent defense law firms. The Public Defender shall communicate with the Court
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needed to request modification or adjustment in the case assignment process to ensure the
proportionality of case assignments between the Public Defense law firms as
contemplated herein.
4. CASE COUNTING: The term "case" and related concepts of case counting shall be
construed in accordance with the applicable Washington State Supreme Court rules and
Washington Office of Public Defense guidelines. To the extent consistent with the foregoing
authorities, cases will be counted as follows:
a. Criminal Charges: Any and all charges arising for a single defendant out of an
individual incident will count as one case. Cases assigned to the Public Defender to
which the Public Defender has a conflict will not count as cases unless substantial work
has been done on the case.
b. Failure to Comply with Probation (FTQ: Each FTC arising out of an individual
dent will count as a case. Multiple FTC's for a single defendant based on the saiwv
allegations will count as a single case even if the FTC's are from multiple cases.
c. Temporary or Provisional Appointments: Temporary or provisional appointment at
arraignment or in -custody hearing where the Public Defender is appointed to the case by
the Court shall count as one case,
5. TERM AND TERMINATION: This agreement shall commence on May 1, 2017, and
terminate on December 31, 2022, unless extended or terminated as provided herein.
a. Automatic Extension: Should neither party provide notification of termination in
writing to the other party by September 30, 2022, or September 30 of any subsequent
year, this agreement shall continue for an additional 12 month period under the same
terms as provided herein.
b, Termination for Good Cause, Impossibility, or Illegality: This agreement may be
terminated for good cause for violation of any material term of this agreement. Either
party may terminate this agreement where performance is rendered impossible or
impracticable for reasons beyond such party's reasonable control, such as, but not limited
to, the duties, obligations, or services herein having become impossible or illegal. Notice
of termination pursuant to this paragraph shall be given as far in advance as is reasonable
under the circumstances. Any alleged violation of the other provisions of this agreement
by the Public Defender shall be subject to cure. Written notice of contract violation shall
be provided to the Public Defender who shall have ten (10) business days to cure the
violation. Failure to correct the violation will give rise to termination for cause at the
City's discretion. In lieu of terminating this agreement, the City may agree in writing to
alternative corrective measures.
c. Renegotiation Due to Decreases in Case Load: The City and the Public Defender
shall, at the option of either party, renegotiate this agreement if there is a significant
decrease in the number of cases assigned. Significant decrease shall mean a decline of
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more than ten percent (10%) in the number of cases assigned to the Public Defender as
determined on a calendar year basis, In such event, there shall be a reduction in the
stated case assignment for the Public Defender and a commensurate reduction in the
Public Defender's compensation, with both reductions proportional to the percentage
decrease observed during the relevant calendar year comparison.
d, Renegotiation Due to Change in Rule or Standard: This agreement may be
renegotiated at the option of either party if the Washington State Supreme Court or the
Washington State Bar significantly modifies the standards for indigent defense adopted
pursuant to court rule. In the event such a renegotiation topic arises and the parties fail to
reach agreement on terms of a revised agreement, this agreement may be terminated by
either party upon thirty (30) days written notice to the other party. In order to exercise
the termination option, the negotiation must be done in good faith.
c. Withdrawal Upon Termination: Should this agreement expire by its natural terms or
be terminated, the Public Defender may commence withdrawing from all cases on the last
day the contract is in effect; provided however, that the Public Defender shall, upon
request of the City, complete all cases set for trial and/or probation revocation hearing as
discussed above and be compensated at a rate of $100 per hour for time spent after
termination of this agreement.
6� COMPENSATION: In return for the services enumerated herein, the Public Defender shall
receive compensation in a total fixed -fee amount as follows:
a. Specifically:
* 2017:
$550,000 annually; $45,833 per month
0 2018:
$566,500 annually; $47,208 per month
0 2019:
$583,495 annually; $48,625 per month
0 2020:
$601,000 annually; $50,083 per month
® 2021:
$619,030 annually; $51,586 per month
0 2022:
$637,601 annually; $53,133 per month
* All subsequent
years: Previous year's compensation with a 3% increase.
b. Additional Case Compensation: Should the City need indigent defense services
beyond the 2200 cases anticipated in this agreement, as may be applicable, the Public
Defender may accept or decline the additional cases. Should the Public Defender choose
to accept these additional cases, they will be compensated at a rate of 125% of the
average per case compensation for the individual year of this agreement in which such
work may be undertaken or as otherwise agreed upon subject to the renegotiation
provisions set forth above.
c. 2016 Overage Compensation: The Parties agree that the Public Defender was owed by
the City $76,750 for 2016 overage case compensation. As part of this agre-
i ,.
Defender agrees to payment of $20,000 as payment in full of that debt under the
following condition: should this contract be terminated prior to the end of 2022 at the
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request ot tne City, except in ine evem-M 7wr7or# ME,
a material term of this agreement, in which case the City shall have n -
r •
Pblic Defender for 2016 overage case compensation, the City will owe the
remaining $56,750 to the Public Defender which must be paid within 30 days of the
termination date of this agreement.
d, PAYMENT: Payments shall be made upon proper voucher for the same, submitted by
the Public Defender and received by the Director of Finance and Budget at City Hall,
Yakima, Washington, Unless notified of a new email address, proper voucher may be
made by sending an email with monthly invoice attached to cpriceCa)ci,yakima.wa.us.
Payment shall be remitted to the Public Defender by the last day of each month following
submittal of a voucher for the previous month's services. All payments shall be mailed to
Hall and Gilliland PLLC
1111 W. Yakima Ave.
Yakima, WA 98902
7. CONFLICTS OF INTEREST: In the event that representation of a defendant creates
conflict of interest under the Rules of Professional Conduct, such that the assigned Pub,
Defender cannot represent the defendant, the Public Defender shall immediately inform t
Court so that the case may be transferred to another Public Defender. The Public Defend
will be responsible for checking for conflicts and identifying whether a conflict exist
Whenever possible, the Public Defender will perform a conflict check and make
determination of the absence of any conflict of interest before any substantial work has be
done on a case. I
a. Individual Incident: An individual incident includes all charges arising from one
dispatched or observed event to a single location.
b. Substantial Work: If the Public Defender has interviewed at least one witness (excep!
as may be necessary to determine the presence or absence of a conflict of interest), or
represented the client at more than one hearing, or negotiated resolution with the
prosecutor, then substantial work will be considered done on the case.
N Do 19 t][01 V 1bya K NO
a. EXPERT WITNESSES: The City shall pay for expert witnesses as reasonably
necessary to provide quality and constitutionally satisfactory indigent defense as
determined by approval of the Court.
b. INTERPRETERS: The City shall pay for interpreter services as is necessary for the
Public Defender or his designee to communicate with, and effectively represent indigent
defendants.
c. INVESTIGATORS: The City shall pay for investigators as is necessary for the Public
Defender to effectively investigate and prepare cases for trial.
d. OTHER FUNDING: The City shall pay for extraneous costs in excess of $25 per item
for appeal transcriptions for representation in post -conviction relief cases, for one copy of
a client's or former client's case file upon client's or former client's request, and for
service of process for subpoenas.
10. ASSIGNMENT OF CASES: Consistent with paragraph 2, above, the Public Defender is
specifically allowed to assign as many cases as he so chooses to subcontracted indigent
defense attorneys.
11. INSURANCE: It is agreed that the Public Defender shall maintain in force, at all times
during the term of this agreement, a policy or policies of insurance covering its operation as
described below.
a. General Liability Insurance: The Public Defender shall maintain continuously public
liability insurance with limits of liability not less than One Million Dollars ($1,000,000)
for each occurrence, personal injury, and/or property damage liability. Such insurance
policy or policies shall specifically name the City, its elected and appointed officials,
employees, volunteers, and agents as additional insureds. Said insurance coverage shall
be primary insurance with respect to the City, and any insurance, regardless of the form,
maintained by the City shall be in excess of any insurance coverage which the Public
Defender is required to maintain pursuant to this agreement. The Public Defender shall
provide a certificate of insurance or, upon written request of the City of Yakima, a
duplicate of the policy as evidence of insurance protection. The Public Defender shall
immediately notify the City of any communication with their insurance provider
canceling or threatening to cancel insurance coverage under this provision.
b. Professional Liability Insurance: The Public Defender shall maintain or ensure that its
professional employees and/or independent contractors maintain professional liability
insurance for any and all acts which occur during the course of their employment with the
Public Defender which constitute professional services in the performance of this
agreement. For purposes of this agreement, professional services shall mean any services
provided by a licensed professional. Such professional liability insurance shall be
maintained in an amount not less than One Million Dollars ($ 1,000,000) combined single
limit per claim/aggregate. The Public Defender further agrees that it shall have sole and
full responsibility for the payment of any funds where such payments are occasioned
solely by the professional negligence of its professional employees and where such
payments are not covered by any professional liability insurance, including but not
limited to the amount of the deductible under the insurance policy. The Public Defender
shall not be required to make any payments for professional liability, if such liability is
occasioned by the sole negligence of the City. The Public Defender shall not be required
to make payments other than its judicially determined percentage, for any professional
liability which is determined by a court of competent jurisdiction to be the result of the
comparative negligence of the Public Defender and the City. Such insurance shall not be
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reduced or canceled without thirty (30) days' prior written notice to the City, If such
insurance is obtained on a "claims made" basis, the Public Defender will continue to
carry coverage for not less than three (3) years after expiration of this agreement, and will
provide a certificate in form and content satisfactory to the City demonstrating such
continuing coverage. The Public Defender shall provide c-
! #
duplicates of the policies as evidence of insurance
protection.
c. Automobile Insurance: The Public Defender shall maintain in force at all times during
the term of this agreement a policy or policies of insurance covering any automobiles
owned, leased, hired, borrowed or used by any employee, agent, subcontractor or
designee of the Public Defender to transport clients pursuant to this agreement with the
City, Such insurance policy or policies shall specifically name the City, its elected and
appointed officials, employees, volunteers, and agents as additional insureds. Said
insurance coverage shall be primary insurance with respect to the City, and any
insurance, regardless of the form, maintained by the City shall be in excess of any
insurance coverage which the Public Defender is required to maintain pursuant to this
agreement, Automobile liabty coverage as stated herein shall be maintained at One
Million Dollars ($1,000,000) combined single limit per accident for bodily injury and
property damage.
d. Workers' Compensation: The Public Defender shall maintain Workers' Compensation
coverage as required by law, The Public Defender shall provide a certificate of insurance
or, upon written request of the City, a certified copy of the policy as evidence of
insurance protection.
12, SUCCESSORS AND ASSIGNEES: This agreement shall be binding upon and inure to the
benefit of the par -ties hereto, their successors, and assigns.
13, REPORTS AND INFORMATION: The Public Defender will maintain records that fully
and accurately reflect the contract work together with records of any costs, expenses or other
matters related to the performance of the contract work, T he Public Defender shall make
available to the City for inspection upon reasonable prior notice any and all records that
relate to the contract work that are not confidential attorney-client documents, Said reporting
requirement shall include submittal of the following information as described below:
a. Monthly Reporting:
# Year-to-date case assignments;
# Year-to-date individual attorney case assignments;
b. A quarterly reporting statement detailing:
* The number of cases tried;
0 Year-to-date case dispositions;
0 The number of cases in which a motion was brought with the Court as well as the
cases in which a potential motion was discussed with the prosecutor and a reduced
sentence or dismissal was negotiated in exchange for not filing the motion;
* The number of cases in which an investigator was utilized;
im
• The number of cases that were set for trial including cases in which the defendant
failed to appear;
• The number and type of criminal cases handled (whether adult felony, juvenile, or
misdemeanor) outside of this agreement (including cases assigned by another public
entity); and
• The approximate percentage of the Public Defender's practice within the hours of a
standard public defense work week spent on civil or other non -criminal matters,
14. ETHICS COMPLIANCE AND TRAINING: The Public Defender will provide the
aforementioned services in conformity with all applicable Rules of Professional Conduct and
will provide, as reasonably requested, the Municipal Court and the City with any reports,
fiscal or otherwise, which are reasonably required in the performance of the Municipal
Court's and the City's responsibilities.
15. TOTALITY OF COMPENSATION: The compensation provided in this agreement is fu
compensation to the Public Defender for all costs associated with performing the Publi
Defender's obligations herein, including, but not limited to: employee compensation and
paying all related taxes, deductions, and assessments, including but not limited to, leasehol
excise taxes, federal income tax, FICA, social security tax, assessments for unemployme
and industrial injury, and other deductions from income which may be required by law
assessed against either party as a result of this agreement; rent for office space; costs f
necessary insurance; and state and local business license fees, In the event the City
assessed a tax or assessment as a result of a failure of the Public Defender to abide by t
terms of this agreement, the Public Defender shall pay the same before it becomes due anis
indemnify and hold the City harmless from any liability arising out of the same. In additio
in the event the Public Defender is assessed a tax or assessment as a result of a failure of t
City to abide by the terms of this agreement, the City shall pay the same before it becom
due and indemnify and hold the Public Defender harmless from any liability arising out
the same,
16. INDEPENDENT CONTRACTOR: The parties agree that the Public Defender is an
independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein in accordance with the terms and
conditions of this agreement. The implementation of contracted activities and the results to
be achieved are solely the responsibility of the Public Defender, No agent, employee,
subcontractor, or representative of the Public Defender shall be deemed to be an employee,
agent, servant, or representative of the City or of the City of Yakima Municipal Court for any
purpose, and the employees, agents, subcontractors, or representatives of the Public Defender
are not entitled to any of the benefits the City provides for its employees. The Public
Defender will be solely and entirely responsible for his or her acts and for the acts of his or
her agents, employees, subcontractors, or otherwise, during the performance of this
agreement.
17. INDEMNIFICATION: The Public Defender hereby agrees to release, indemnify, protect,
defend and save harmless the City and their elected and appointed officials, employees,
volunteers, and agents from all claims, actions, or damages of any kind and description
wffll4�
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which may occur to or be suffered by any person or persons, corporation, or property arising,
directly or indirectly, out of the operation of this agreement, caused or contributed thereto by
the Public Defender or his employees or subcontractors. Provided, however, that nothing
herein shall be deemed to require the Public Defender to indemnify the City or their elected
or appointed officials, agents, volunteers, or employees for injury to persons, corporation,
and/or property arising from the sole negligence of the City and their elected or appointed
officials, employees, volunteers, and agents. In case of suit or action brought against the City
and/or their elected or appointed officials, agents, volunteers, and employees for damages
arising out of or by reason of any of the above-mentioned causes, the Public Defender agrees
to pay the costs of defense, including reasonable attorney's fees and any judgmen!
proportional to the Public Defender's negligence.
18, NON-DISCRIMINATION: The Public Defender shall not discriminate on the basis of
race, creed, color, national origin, or physical, mental, or sensory handicap in the
performance of this agreement.
19. GOVERNING LAW: This agreement has been and shall be construed as having been made
and delivered within the State of Washington, and it is mutually understood and agreed to by
each party hereto that this agreement shall be governed by the laws of the State of
Washington both as to interpretation and performances.
20. VENUE: Any action at law, suit in equity, or judicial proceeding for the enforcement of this
agreement or any provisions thereof, shall be instituted and maintained only in the Superior
Court for Yakima County, Washington.
21. INTEGRATION: It is understood and agreed that all understandings and agreements,
whether written or oral, heretofore had between the parties hereto are merged in this
agreement, which alone fully and completely expresses their agreement, that neither party is
relying upon any statement or representation not embodied in this agreement, made by the
other, and that this agreement may not be changed except by an instrument in writing signed
by both parties.
22, WAIVER OF BREACH: A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition of this
agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
CITY OF YA ALL AND GILLILAND, PLLC
By: By:ltF___
Cliff Moore, Richard D. Gilliland
Nmz��
SEE=
Date:
FIVINUMM
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Date:
City Contract No. _
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PUBLIC DEFENDER CONTRACTOR DUTIES AND RESPONSIBILITIES — The
Public Defender shall provide high quality indigent defense representation in the cases
assigned to it by the Yakima Municipal Court, The representation shall be consistent
with EXHIBIT B, CLIENT REPRESENTATION PRACTICE GUIDELINES, as set
forth below, and with the City's adopted standards for the delivery of public defense
services. The representation shall be provided in a professional and skilled manner and
shall be in compliance with the Washington State Rules of Professional Conduct as well
as case law and applicable court rules defining the duties of counsel and the rights of
defendants in criminal cases. The Public Defender's primary and most fundamental
responsibility is to promote and protect the best interests of the client.
2. TASKS — The Public Defender, his designee, or assignee shall perform the following
tasks with regard to each case to which the Public Defender is appointed.
A, Maintain a law office with a suitable client interview facility, The Publ'
Defender will provide adequate phone lines, computers, postage, offi
equipment, office supplies, office furniture and legal research tools to maintain
smooth -running and efficient law office.
B. Receive notices of appointment for indigent defendants each court day. Set
and maintain files, as is necessary, on each assigned defendant. I
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C. Establish and maintain client contact, keep the client informed of the progress of
the case, and effectively provide legal advice to the client throughout the
representation,
D. Timely interview defendants in custody anywhere in Yakima County.
E. Maintain continuity of representation at all stages of a case, including attendance
at all first appearance proceedings, such as arraignments, as is reasonably
possiblefor in -custody defendants. Except for illness, vacation or occasional
conflicts, or as may be otherwise agreed upon between the Public Defender and
the City, the Public Defender shall appear at all Municipal Court hearings with
their clients.
A. A method to respond promptly to indigent defendant client complaints shall be
established by the Public Defender. If the attorney and client cannot resolve the
complaint amicably, the attorney shall ask the court for permission to withdraw
and substitute new counsel. The complaining client should be informed as to the
disposition of his or her complaint within a reasonable period of time. If the
client feels dissatisfied with the evaluation and response received, he or she
should be advised of the right to complain to the Washington State Bar
Association.
B. The Public Defender shall notify the City and respond in writing to the City
within seven (7) days of learning of any written complaint against the Public
Defender or against the City relating to the provision of indigent defense legal
representation.
C. The Public Defender shall immediately notify the City of Yakima in writing when
it becomes aware that a complaint lodged with the Washington State Bar
Association has resulted in reprimand, suspension, or disbarment.
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• Meet and communicate regularly with the client,
• Thoroughly explain to clients the constitutional, statutory and other rights that they have with
regards to their case.
• Be aware of clients' immigration status, research the implications of it for their cases, advise
clients of the consequences of a conviction or adjudication, and document said work as
appropriate.
• Thoroughly explain to clients the elements of the offense(s) that the City must prove in order
to obtain their conviction at a trial.
• Describe case procedures and timelines.
• Listen to client's questions and respond to them,
• Enable clients to candidly communicate with counsel.
• Facilitate agreements by realistically evaluating allegations and evidence with clients.
• Promptly communicate all offers of settlement.
• Prepare cases well.
• Conduct high quality, early case investigation.
• Conduct early case negotiations.
• Use discovery appropriately.
• Prepare for and participate in alternate resolution opportunities that may be available.
• Obtain experts and evaluators for cases involving disability, mental health, substance abuse
or similar issues, when appropriate.
• Draft well -researched and written motions and other legal memoranda and other documents.
• Competently and aggressively litigate hearings and trials if no agreement is reached.
• Appear at all court hearings with clients except as otherwise discussed in this agreement.
Ensure clients have adequate access to services, including court ordered treatment and/or
counseling.
• Explain the importance of obtaining court ordered treatment and/or counseling services to
clients.
• Develop a thorough knowledge of the resources available.
• Explore with clients ways to effectively participate in court ordered treatment and/or
counseling.
• Ask clients for feedback if obstacles prevent or impede their participation, and follow up
with the agency and in court when appropriate.
• In appropriate cases, encourage clients to obtain necessary evaluations and enroll in
counseling and/or treatment even before ordered by the court to do so.
• Prevent continuances and delays within attorney's control.
• Treat all cases assigned to counsel with the highest priority.
• Avoid over scheduling whenever possible.
• Request continuances only if they are needed for substantive reasons.
• Take all necessary action to identify conflicts at the earliest practicable time upon receiving
case assignments and case reports,