Res No 142-10-13176RESOLUTION NO. 142-10-13176
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, retaining Warren R. Trazenfeld, Esquire, to represent the City with
regard to potential legal malpractice claims against Luis Figueredo, Esq.,
Figueredo & Boutsis, P.A., Nagin - Gallop - Figueredo, P.A., Bryant, Miller and
Olive, P.A., and Adorno & Yoss, LLP; and providing an effective date.
WHEREAS, Mr. Trazenfeld was hired as an attorney on behalf of the City of South
Miami by Resolution No. 118 -10- 13152, dated June 2, 2010, in conjunction with the fifty year
lease on the Municipal Parking Garage, and
WHEREAS, Mr. Trazenfeld has reviewed the advise and legal opinions rendered by
Luis Figueredo, Esq., Figueredo & Boutsis, P.A., Nagin- Gallop - Figueredo, P.A., Bryant, Miller
and Olive, P.A. and Adorno & Yoss, LLP., in conjunction with the fifty -year lease on the
Municipal Parking Garage, and has determined that potential legal malpractice claims exists
against them individually and /or collectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission wish to reconfirm the hiring of Mr.
Trazenfeld as shown by Resolution No. 118 -10- 13152, dated June 2, 2010.
Section 2. The City Attorney, Laurence Feingold is hereby directed to sign the attached
Employment Agreement and Authority to Represent.
Section 3. This Resolution shall take effect upon adoption.
PASSED AND ADOPTED THIS 27th day of July, 2010.
ATTEST:
P 11) L
APPROVED:
MAYOR
Page 1 of 2
Res. No. 142 -10 -13176
READ
AND
r'A`CJRENCE FEINGOLD
CITY ATTORNEY
AS TO FORM
COMMISSION VOTE:
4 -0
Mayor Stoddard:
absent
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
WAMy Documents \resolutions\Resolution Trazenfeld.parking garage I igation.doe
Page 2 of 2
EMPLOYMENT AGREEMENT AND
AUTHORITY TO REPRESENT
The City of South Miami does hereby retain and employ Warren R. Trazenfeld,
P.A. to pursue a lawsuit against Luis Figueredo, Esq., Figueredo & Boutsis, P.A.,
Nag in- Gallop- Figueredo, P.A, Bryant, Miller and Olive. P.A. and Adorno & Yoss, LLP.
It is hereby agreed that my attorney may advance court costs and expenses of
litigation, the repayment of which will be contingent on the outcome of the case. If any
recovery is made, the advanced court costs and expenses of litigation will be repaid; if
no recovery is had, no repayment of advanced court costs and expenses of litigation is
required.
As compensation for the services rendered by my attorney, they will be paid from
the gross proceeds of any money collected, a contingent fee of 33 1/3% of any
recovery.
An additional 5% of any recovery will be charged if any appellate procedures are
necessary. Such 5% will be in addition to the fee limitations stated above. Additional
fees may apply if supplemental procedures are required, including actions in aid of
execution, or other legal procedures initiated as may be required for the prosecution of
the action.
My attorney may, at their option choose to take attorneys fees awarded by the
court.
My attorney may use my name in all legal proceedings. No settlement,
negotiations or compromise are to be made without the consent of the attorneys and no
settlement or compromise is to be made by the attorney without my consent. It is
specifically agreed that my attorneys reserve the right to withdraw from representation
at any time where, in their judgment, the facts of the case are discovered to show a
legally insufficient cause or basis for recovery, or upon development or discovery of an
ethical conflict.
it is understood and agreed that this employment is upon a contingent fee basis
and if no recovery is had by suit, settlement or otherwise, that I will not be indebted to
my attorneys for any sum whatsoever as attorneys' fees.
The undersigned client has, before signing the contract, received and read the
Statement of Client's Rights, and understands each of the rights set forth therein. The
undersigned client has signed the statement and received a copy to keep to refer to
while being represented by the undersigned attorney(s).
City of Somh Miami /Connngory Fn Agrcemnm
This contract may be cancelled by written notification to the attorney at any time
within 3 (three) business days of the date the contract was signed, as shown below, and
if cancelled the client shall not be obligated to pay any fees to the attorney(s) for the
work performed during that time. If the attorney(s) had advanced funds to others in
representation of the client, the attorney(s) are entitled to be reimbursed for such
amounts as they have reasonably advanced on behalf of the client.
CITY OF 5 T MIAMI
By:
Name: Laurence Feingold
Title: City Attorney
Dated: July 27, 2010
The representation is accepted upon the foregoing terms.
WARREN R. TRAZENFELD, P.A.
By:
Warren R. Trazenfeld, Esq.
Dated:.
Ciry&S..�, Miami IC.mft ryFcc AF "L
RESOLUTIONNO- 118 -10 -13152
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, employing Warren Trazenfeld to ascertain if former
City Attorney Luis Figueredo and his law firm committed legal
malpractice is his representation of The City of South Miami in
conjunction with the City Municipal Garage; and providing for an
effective date.
WHEREAS, the citizens of South Miami have longed been dissatisfied with the
terms and conditions of a fifty year lease on the City Municipal Garage; and
WHEREAS, at all times pertinent, former City Attorney Luis Figueredo, and his
law firm, represented the City in conjunction with the fifty year lease on the Municipal
Parking Garage; and
WHEREAS, it is verily believed that Mr. Figueredo may have acted below the
Standard of Conduct required of lawyers acting in similar situations; and
WHEREAS, such. acts could and did indeed damage the City of South Miami;
and
WHEREAS, Warren R. Trazenfeld is the leading malpractice lawyer in Florida
having among his government clients, the State of Florida, who regularly retains Mr.
Trazenfeld in malpractice cases against lawyers; and
WHEREAS, Warren. R. Trazenfeld has offered to look into the alleged
allegations of malpractice against Luis Figueredo for no fee as indicated by the attached.
letter of June 1, 2010, which letter is attached to and made a part of this Resolution as
though fully set forth herein; and
WHEREAS, the attached letter of Mr. Trazenfeld charges no fee whatsoever to
the City of South Miami to determine this matter.
NOW, THEREFORE, BE IT RESOLVEDBY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Warren R. Trazenfeld is hereby employed as an attorney on bebalf
of the City of South Miami, pursuant to the terms and conditions of the attached letter of
June 1, 2010 to determine if legal malpractice exists against Luis Figueredo and his law
firm for their role as lawyers in the Municipal Parking Garage.
Section II. The City Attorney is directed to sign the attached Letter
Agreement prepared by Warren R. Trazenfeld on behalf of the City of South Miami.
Section III. This Resolution shall take effect immediately upon adoption.
Page 1 of 2
Res. No. 118 -10 -13152
PASSED AND ADOPTED this 2nd day of Jun (2010.
ATTEST: APPROVED:
QY6�c=
READ AND APPROVED AS TO FORM:
W:1My UocumenislresotutionslresoTutins employing truenfeld.doe.
Page 2 of 2
�zg
Pr '
COMMISSION VOTE:
4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
absent:
Commissioner Beasley:
Yea
Commissioner Harris:
Yea