[Note:  ACCD briefing itemized below (briefing as pdf documents, links to Texas Supreme Court docket, etc.)]

Fees and Contractual Agreement

An independent contractor agreement is required for each matter, with the parties being the law firm, corporation (in house counsel), or solo practitioner, as the contracting counsel and Reba Bennett Kennedy as the provider of services as support counsel.  A form contract is provided for this purpose.  Rates will vary according to the complexity of the matter, the length of time involved for the project, and the extent of the responsibility required (appearances of record for purposes of argument requiring a higher rate, for example). 

There will be no charge for telephone or telecopier use, travel mileage of less than 100 miles, courier services, or online legal research - unless that online use extends past the standard Texas jurisprudence.  Invoices are sent via QuickBooksPro email on the first of the month as a PDF attachment, and are due upon receipt.  Arrangements for payment via firm credit card can be made, allowing a window of time for firm invoicing to cycle for purposes of firm reimbursement.  Unfortunately, the option of awaiting payment until client funds are received by the firm can no longer be offered.      
 

Legal Research and Writing

Research and briefing of issues, with copies of pertinent precedent complete with current Shepardizing, is provided for a variety of support needs:  legal memoranda on issues, be they factually detailed or legally obscure; motions of differing needs - as for example, summary judgments, Rule 248s, directed verdicts, jnovs, limines, etc.; Robinson motions; trial briefs; jury charge.   

Pre-Suit Analysis, Risk Management

Research and briefing of potential legal claims and defenses, together with facts known at the time, including a consideration of the practicalities of litigation from both a time and money cost perspective, for purposes of assisting the client in weighing the decision to litigate.

Discovery Coverage including Drafting of Discovery Plans

Investigation of factual bases for claims or defenses, including formal written discovery drafting and responses to same; deposition questioning, drafting and/or attendance; complete discovery plans, tailoring factual discovery needs to elements of the causes of action/defenses (usually including an initial draft of the charge for use during the litigation process).

Review and Amendment of Pleadings

Analysis of pleadings in the case, with recommendation memo and proposed alternative filing, if needed, regarding causes of action or defenses involved in the matter - as well as those that might be of import as discovery advances.

Assistance in Location and Preparation of Consulting and Trial Experts

Assist in location, interview, and preparation of experts as requested, including a focus upon withstanding any Robinson challenge.  Ability to appear for purpose of defending or asserting such a challenge at the requisite evidentiary hearing. 

Preparation of Evidence:  Documents and Witnesses, Trial Demonstrations

Assist in locating, interviewing, and preparation of those giving evidence via testimony.  Overseeing the organization of tangible evidence, documentary and otherwise, with support staff and outside support, including video technology/trial demonstration experts.

Settlement Packages/Arbitration and Mediation Preparation

Support provided in the organization of key legal issues and their corresponding factual support (or lack thereof) for purposes of settlement, arbitration or mediation. Analysis of likelihood of success can be provided.  Appearance at alternative dispute resolution available, as well.

Appearances in Court - Pre-Trial thru Appeal

Appearance in court for purposes of support, including argument and examination, as well as ability to act as appellate counsel upon request thru oral argument.

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Petition for Review in Cause No. 04-0276 before the Texas Supreme Court in Alamo Community College District v. Browning Construction Company, petition filed March 24, 2004.   True and correct copy of ACCD's petition for review available for download, sans incorporated and attached Appendix: True and correct copy of ACCD's brief on the merits, in support of petition for review, available for download: True and correct copy of ACCD's reply brief available for download: Click here for status of this matter before the Texas Supreme Court.