If you choose to engage the services of Denny Morgenstern, PLLC, the terms of our engagement letter will govern the relationship between us.
Our Engagement letter generally reads as follows:
Thank you for your inquiry regarding my availability to serve as a mediator or arbitrator in the above referenced matter.
I will furnish my mediation and/or arbitration services at the rate of $300.00 per hour for two party mediation or arbitration services. Three party mediation or arbitration services are furnished at $125.00 per party per hour, and four (or more) party mediation or arbitration services are furnished at $100.00 per party per hour. There is a three-hour minimum. I do not charge for travel, cancellation or facility fees, but the parties will be charged for hearing time and study time (including pre-hearing conferences, pre-hearing motion practice and orders, reviewing pre-hearing materials and post-hearing deliberating and award preparation).
The total mediation or arbitration services fee shall be divided equally between or among the parties unless otherwise agreed to, in writing, before or at the mediation or arbitration session. Invoices will either be delivered at the conclusion of the mediation conference or arbitration session or mailed to each party or party’s attorney.
Disclosure: Through December 31, 2018, I was a shareholder in and litigation attorney at Morgenstern & Herd, P.A. Accordingly, I may have been involved in litigation with attorneys or law firms involved in this litigation and/or represented clients regarding litigation claims against insurance companies, including the company or companies named or providing coverage in this case. If you need any additional information, please let me know at your earliest convenience. Otherwise, this letter will serve as a waiver of any conflict or potential conflict of interest.
If you have any questions about or objections to the terms of this engagement letter, please contact me immediately. Otherwise (by your signature below), you agree to be bound by the terms contained herein.
With respect to Court-ordered arbitrations, kindly (i) notify the Court of my selection as your arbitrator (as required by the Court’s order referring case to non-binding arbitration) and, with respect to Fifth Judicial Circuit Court-ordered arbitrations, (ii) have a mutually signed copy of the attached mutual agreement filed in the Court file (as required by paragraph 7 of the Fifth Judicial Circuit Administrative Order No. A-2008-08-B).
I look forward to seeing you at the upcoming mediation conference or arbitration.
Very truly yours,
Denny Morgenstern, PLLC