Free Affidavit in Support of Motion - District Court of Arizona - Arizona

AFFIDAVIT OF ATTORNEY MICHAEL SIMES IN SUPPORT OF AMENDED MOTION FOR THE AWARD OF ATTORNEYS' FEES AND COSTS

Exhibit "1"

Case 2:02-cv-02641-ROS

Document 69-2

Filed 11/04/2005

Page 1 of 5

Law Office of Michael Simes
December 6, 2002 Via Electronic Mail Only Solinvest Group, Ltd. c/o Dennis Brovarone Law Office of Dennis Brovarone 18 Mountain Laurel Drive Littleton, Colorado 80127 Re: Dear Dennis:

Telephone: (480) 699-3636 Facsimile: (480) 659-2943 E-Mail: [email protected] Website: www.MichaelSimes.com

Engagement Letter

I appreciate the opportunity to represent the Solinvest Group. The purpose of this letter is to set forth the arrangement by which I will be representing the Solinvest Group. It is my custom to confirm the details of my representation in writing at the commencement of the attorney--client relationship. I have found that this policy avoids any later misunderstandings. Moreover, the ethical rules of the legal profession recommend that agreements between a client and their attorney be communicated in writing at the beginning of the relationship. The remainder of this letter details the terms and conditions of our agreement. Please review this letter carefully. If you have any questions, please contact me immediately. After you have reviewed this letter, please print all four pages of it and then sign it where appropriate on the fourth page evidencing your approval and acceptance of this agreement. Then, please return all four pages of this signed letter to me by either U.S. Mail or reliable overnight delivery service. Thank you. Representation: I will be responsible for your representation. Other attorneys, paralegals and executive assistants affiliated with my firm may assist me in representing you. While I can not guarantee the success of any venture or matter, I will strive to represent your interests effectively, vigorously and efficiently. If at any time there are any questions or concerns, please be sure to contact me.

Mail Address: 903 South Rural Road Suite 101--323 Tempe, Arizona 85281 USA

Case 2:02-cv-02641-ROS

Document 69-2

Filed 11/04/2005

Page 2 of 5

Letter to Dennis Brovarone December 6, 2002 Page 2 of 4.

Attorneys' Fees: The fee for legal services will be based upon the total hours, itemized in one-tenth (0.10) of an hour increments, spent representing you multiplied by the agreed upon hourly rates. My fees take into consideration the work performed, the results obtained, and other factors required by the Arizona Rules of Professional Conduct. The hourly rate I charge is two hundred fifty dollars and no cents ($250.00) per hour. The hourly rate for other attorneys, paralegals and executive assistants vary based upon their individual qualifications and will be disclosed to you as appropriate. I reserve the right to change the rates for legal services from time to time, but no change will be made without prior notice to you. Billing: I will issue you periodic billing statements detailing the attorneys' fees, costs and expenses incurred by you in the course of representation. Such periodic billing statements may be sent to you by mail, facsimile or electronic mail. Payment of the periodic billing statement is expected in full upon your receipt of the statement, but in no event later than twenty (20) calendar days from the date of statement. In the event that full payment is not timely made, an interest charge of one and no tenths percent (1.0%) per month, compounded monthly and commencing on the original billing statement date, of the total unpaid amount of the billing statement will be added to your account until such time as that account is paid in full and any professional discounts will be forfeited. Acceptance of untimely payments, acceptance of partial payments, the failure to impose interest charges and/or the failure to revoke any professional discounts shall not be considered a waiver of these provisions. Costs and Expenses: During the course of representation, certain costs and expenses may be incurred on your behalf. Such costs and expenses may include, but are not limited to, official filing and recording fees, court fees, long distance telephone call charges, photocopying costs, postage fees, messenger fees, overnight mail delivery fees, travel expenses, witness fees, expert witness fees, and other miscellaneous and incidental fees and expenses. These costs and expenses may be advanced to you and included in the periodic billing statement. In certain circumstances, I may request that you pay such fees and costs directly to the service provider or that you pay such fees and costs in advance.

Case 2:02-cv-02641-ROS

Document 69-2

Filed 11/04/2005

Page 3 of 5

Letter to Dennis Brovarone December 6, 2002 Page 3 of 4. Retainer Deposit: With the commencement of our attorney--client relationship, you have deposited with my firm a certain sum of money as a retainer deposit securing your timely payment of the periodic billing statement. The amount of the retainer deposit you have provided to my firm is seven thousand five hundred dollars and no cents ($7,500.00). For your information, an attorney's Trust Account is a financial institution account highly regulated by the State Bar of Arizona and under which interest on funds held in trust is paid directly to the State Bar of Arizona. The retainer deposit will not be used to satisfy the amount identified as due and payable in the periodic billing statement unless timely payment is not received. I reserve the right at any time during the course of our relationship in my sole and exclusive discretion to require you to increase the amount of the retainer deposit. At any time you may request a return of all undisputed amounts held for you in my Trust Account. Payment and Collection: If you are unable to fully and timely pay any billing statement, you must contact me within twenty (20) calendar days of the date of statement to discuss the matter and make arrangements for full payment. I retain the right to demand payment in full of any periodic billing statement. If payment in full of your account is more than sixty (60) calendar days delinquent, both a civil action may be instituted to collect all amounts due and owing, including accessed interest charges, and your account may be sent to a collection agency to collect the foregoing amounts plus all collection agency fees. In the event that legal proceedings are instituted, the prevailing party shall be entitled to an award of their attorneys' fees, collection agency fees, expert witness fees, and taxable and non-taxable costs. Any action shall be commenced and maintained in a court of competent jurisdiction in Maricopa County, Arizona. There will be no right to a jury trial. Communication Security: You have the right to select the most appropriate level of communication security in our communications. Most modern methods of communication do not provide the level of communication security provided for example by an in-person conference, a land-line telephone conversation or a hardcopy letter sealed in an envelope. The aforementioned modern methods of communication include for example voice and data communication conducted over wireless and cellular telephones, facsimiles, electronic mail and alpha-numeric pagers. It is my standing policy to communicate with my clients using the most cost-effective methods of communication which include all modern methods of communication. However, at any time you may request that all communications be conducted using secure methods. If you would like more information regarding communication security, please contact me immediately.

Case 2:02-cv-02641-ROS

Document 69-2

Filed 11/04/2005

Page 4 of 5

Case 2:02-cv-02641-ROS

Document 69-2

Filed 11/04/2005

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