Employment Lit: Fixed Fee by Phase with Activity Collar Material Deviation Clause
RFP Scope of Services:
Company seeks proposals for all work as the litigation proceeds through trial as a typical single plaintiff employment action.
Please see below for tasks and assumptions related to the matter. All proposals should be based on the tasks outlined below.
Material Deviation: The firm selected will periodically review the actual work performed in connection with this matter against the above Scope of Services which underlie the Fixed Fee. The firm will contact Company promptly if it believes that the actual work performed to defend Company in connection with this matter has varied from the Scope of Services as detailed above. Based upon a standard of good faith and fairness, Company and the firm may then review the work performed and may consider accelerating or decelerating the invoicing schedule and/or increasing or decreasing the amount of the Fixed Fee in the event of any material changes from the Scope of Services. Company may also request that the firm conduct such a review of actual work against the work contemplated by the Scope of Services. This review of the status of the work and material change discussion between Company and the firm may occur more than once during the pendency of the matter.
Unless otherwise agreed, Material Deviation shall be defined as a 30% increase or decrease in the assumed number of activities described in each RFP price item above. If there is a material deviation then we would use the below activity fixed fees to determine how much to increase or decrease the total price.
Fixed Fee for total
We are looking for a fixed fee for all work performed from phase 1 through phase 5. Company will pay only for the phases / tasks that have occurred based on those pricing items provided.
Total fee = sum of all fees for items #1 through 5 (i.e. Phases 1-5). "Other Phase" (Arbitration) can be priced separately.
Phase I: Initial case assessment and initial steps
- Interview no more than seven (8) witnesses
- Develop preservation notice key words
- Review collected key documents
- Analyze case, develop strategy, and confer with the Company
- Reach out to opposing counsel to determine settlement posture, as appropriate
Phase II: Pre-Trial Pleadings and Motion Practice
- Draft and file Answer
- Initial Disclosures
- Draft any preliminary motions and discovery motions, both affirmative and responsive efforts (e.g., removal, etc.)
Phase III: Discovery
- Written Discovery:
- Propound/respond to written discovery
- Document Production (assume 1000 documents)
- Take no more than five (5) non-expert depositions and defend no more than five non-expert (5) depositions
- Assume 2 expert depositions (take and defend)
- Lead partner to take plaintiff's deposition
Phase IV: Prepare Motion for Summary Judgment
- Prepare and file a Motion for Summary Judgment.
- Oral argument, if permitted
Phase V. Trial
- Prepare for trial including witness preparation, pretrial pleadings, jury research, and related efforts
- Assume 1 Daubert motion
- Trial to last up to 10 days
- Lead Partner to be first chair at trial
- All efforts related to trial, including witness work, and briefing, and all in-court time
Other Phases: Arbitration
- Preliminary case assessment & arbitrator selection
- Investigation and case assessment
- Arbitrator selection
- Document exchange and review
- Preparation of case evaluation
- Pre-Hearing Preparation
- Pre-hearing conferences and related preparation
- Witness preparation and outlines (assume 3-4 witness interviews)
- Assume 1 day hearing
- Post-Hearing Brief
- Drafting post-hearing briefs (assume 1 brief)