REAL ESTATE
The firm
maintains a full service real estate department with both
transactional and litigation capabilities for commercial
and residential properties. The firm's litigation experience
has proven to be an instrumental factor in the resolution
of disputes at all stages and in all forums of litigation,
including mediation, arbitration, trial and appeal.
DEFENSE
SERVICES
The
firm has extensive experience dealing with a broad array
of insurance carriers and is equipped to produce monthly
or quarterly litigation reports, including analyses of
procedural status, potential liability and damages, as
well as actual and potential fees and costs. The firm
can also provide prelitigation budgets which detail a
preview of the overall case strategy and anticipated trial
tactics, as well as an estimate of expected fees and expenses.
ACQUISITION, SALES AND LEASING
The firm acts as general counsel for several large real estate
brokerage companies in Southern California, and is experienced
in all aspects of residential and commercial sales and
leasing transactions, involving single family homes, industrial
buildings, shopping centers, apartment buildings and condominiums.
Since
its inception, MLE&M has counseled clients regarding
all forms of residential and commercial leasing, including
shopping centers, office buildings and other investment
properties. The firm's vast experience and strong capabilities
in this area have aided property management firms handling
major properties throughout Southern California, involving
leasing, unlawful detainers, writs of possession, and
removal of stays.
CIVIL
LITIGATION
MLE&M’s
litigation department has represented clients in state
and federal actions at trial and appeal. Members of the firm are admitted to practice at the highest appellate
levels. The firm represents individuals, and business
organizations as plaintiffs and defendants in actions
including insurance defense, commercial litigation, real
estate transactions, landlord-tenant matters, construction
disputes, actions for breach of contract, fraud, insurance
bad faith, employee wrongful termination and discrimination, and personal
injury litigation.
Economic
Legal Defense Program for Insurance Carriers / Insureds
Account
Responsibility
Manfredi,
Levine, Eccles & Miller appreciates the opportunity
to provide legal services to every client. In our defense
of insureds, the firm is committed to achieving exceptional
results as efficiently as possible by analyzing documents,
interviewing the insured, and preparing an early liability
evaluation. The firm attempts to schedule an early face-to-face
meeting with opposing counsel on each matter. Such an
early meeting with opposing counsel provides many advantages,
including the opportunity to evaluate opposing counsel,
to discuss the merits of the claim, and to develop a more
personal relationship between counsel.
MLE&M
constantly strives for a strong working relationship with
the carrier and its insureds through efficient communication,
including status reports and budgets. Each matter will
be assigned to a designated relationship partner who will
exercise oversight responsibility for assuring the cost
effectiveness of and appropriate staffing on the case.
MLE&M
shall provide copies of all significant work product for
which the firm charges the carrier/insured, including
major correspondence, documents, factual and legal memos,
and file copies of pleadings, briefs and agreements. The
carrier/insured shall be informed of all depositions,
settlement conferences, arbitrations and trial dates as
soon as they are set.
Planning
and Budgets
Manfredi,
Levine, Eccles & Miller will provide a written plan
and/or budget for the handling of all matters. This will
provide a preview of the overall strategy and key tactical
objectives, as well as an estimate of staffing, time charges
and disbursements. Although many factors outside the control
of counsel may affect the course of events and require
revisions to the strategic plan, MLE&M will make every
effort to follow the budget and remain within the cost
projections. Any significant events that may render an
approved budget obsolete will be promptly reported and
a revised budget submitted.
In an
effort to reduce litigation costs, MLE&M staffs each
matter with the minimum number of lawyers and support
staff required to handle it efficiently and, of course,
we use attorneys experienced in the specific type of matter
involved. Supervisory costs and intra-firm conferences
shall be kept at a minimum. As Manfredi, Levine, Eccles
& Miller uses only experienced attorneys, insurer/carriers
are not charged for the educational process that inevitably
occurs for newer or inexperienced lawyers and/or paralegals.
In the event that it is necessary to reassign attorneys
to a particular file, Manfredi, Levine, Eccles & Miller
will not charge for the time expended by the new attorney
to become familiar with the case. Manfredi, Levine, Eccles
& Miller will not charge for more than one attendee
at a meeting, conference call, deposition or court hearing
unless approval is obtained in advance.
Discovery
and Motion Practice
In cases
where there are multiple parties, witnesses and/or experts,
Manfredi, Levine, Eccles & Miller will only attend
those depositions which are justified on a cost-benefit
basis, with input from the client. Similarly, if interrogatories
are appropriate, a carefully tailored set will be preferred
to boilerplate or form sets.
As a general rule, the factors
that are considered in filing a motion are the likelihood of success, the expense,
the benefit to be gained and the risk of educating the other side. Demurrers and
summary judgment motions are utilized only when there is a substantial likelihood
of disposing of one or more causes of action with prejudice.
Prior to filing a discovery
motion, Manfredi, Levine, Eccles & Miller will first exhaustively attempt to informally
resolve the matter with opposing counsel before making such a motion.
Settlement
All settlement
proposals will be promptly communicated to the client.
Upon the first receipt of each lawsuit, MLE&M shall
include an analysis so that the client can evaluate the
matter at every stage of the litigation. The firm is experienced
with and open to resolving conflicts through binding arbitration,
mediation or private judging, as well as other forms of
structured settlements or annuities.
Manfredi,
Levine, Eccles & Miller recognizes the importance
of properly closing a file and providing closing documents
to the client.
Professional Fees
A partner
will review each bill before it is tendered to determine
whether the representation was conducted in an efficient
manner. The firm's attorneys average approximately 35
billable hours per week, which allows counsel to handle
litigation matters without having to bill for all activity. This number of billable hours is most likely below industry
requirements.
Expenses/Disbursements
Manfredi, Levine, Eccles & Miller
observes the following policies:
1. Any incurred expenses
must be necessary to the matter being handled and reasonable under the
circumstances;
2.
Manfredi, Levine, Eccles & Miller will document all costs incurred and will not estimate
or mark up charges;
3. There
will be no billing for routine or overhead services;
4.
The company will not bill for any items that are for the firm's exclusive benefit rather than for the benefit of
the client (e.g. summer associates, seminars).
Administration
Administrative
costs such as internal administrative meetings, filing,
file indexing, computer costs and other office supplies
are viewed as part of ordinary overhead and, accordingly,
are not billed.
Air freight/courier services
These
services shall not be routinely utilized but only when
essential and delivery shall be by the most cost effective
means.
Billing
Time
or expenses incurred in preparing or reviewing invoices
shall not be charged.
Discounts
To
the extent that Manfredi, Levine, Eccles & Miller
is entitled to volume or similar discounts on any reimbursable
items, the firm will pass those discounts through to the
carrier/insured.
Experts
The
retention of expert witnesses, auditors and the like and
their estimated fees, must be pre-approved.
Hotels and Meals
All
efforts will be made to keep hotel and meal expenses at
a reasonable level.
Messengers
Manfredi,
Levine, Eccles & Miller will only bill actual charges
for deliveries that are necessary in the interest of dispatch
and reliability.
Travel
Manfredi,
Levine, Eccles & Miller will make all reasonable efforts
to keep travel at a minimum and all air fare will be reimbursable
at the level of coach fare. Discount fares will be utilized
whenever possible rather than full-fare coach. All air
travel will be pre-approved by the carrier/insured. Rental
cars will only be used where such cost will be lower than
taxicabs.
Billing Guidelines
Manfredi,
Levine, Eccles & Miller's billing format has been
designed as a management tool, both for the firm and for
its clients. We will adhere to the billing format, and
a separate bill will be rendered for each matter handled.
If the client has any special requirements regarding billing,
Manfredi, Levine, Eccles & Miller will try to accommodate
them. Bills will be sent on a monthly basis, no later
than 30 days after the calendar month in which the services
were rendered.
Monthly Office Litigation Meetings
Manfredi,
Levine, Eccles & Miller conducts monthly litigation
meetings where all of the firm's attorneys are involved
in a review of all active litigation files. Individual
cases are subject to round table discussion which gives
the client the advantage of different perspectives and
experience. It also allows the partners to review cost
control methods as to the activity planned for a case.
Monthly/Ouarterly Reports
Manfredi,
Levine, Eccles & Miller can provide monthly or quarterly
reports on all litigation matters. Said reports shall
be in an acceptable format required by the client. Said
reports shall specify the fees and costs to date along
with the most recent settlement demand so that the client
can evaluate the economics of the litigation.
Manfredi, Levine, Eccles & Miller will not discuss any cases with the media and has a "no
comment" policy for all legal matters.
Professional
Obligations
Manfredi, Levine, Eccles & Miller shall observe the
highest ethical conduct and standard of care and skill
in its representation. Before beginning any work on a
matter, Manfredi, Levine, Eccles & Miller will check
for potential conflicts of interest and inform the company
of any that may exist.
Manfredi,
Levine, Eccles & Miller will allow the client the
right to audit the firm's records pertaining to any matter
handled by the firm.
Manfredi, Levine, Eccles & Miller appreciates the
opportunity to service the client in an effort to economically
resolve any assigned matters.
