HomeMy WebLinkAboutNguyen Law 455 E Danika Ln
Garden City, ID 83714-2039
Dr. Scott Woolstenhulme, Superintendent
Bonneville Joint School District No. 93
3497 North Ammon Road
Idaho Falls, ID 83401
455 E Danika Ln (208) 914-5137
Garden City, Idaho 83714 lyndonlegal@gmail.com
February 22, 2023
Dr. Scott Woolstenhulme, Superintendent
Bonneville Joint School District No. 93
3497 North Ammon Road
Idaho Falls, ID 83401
RE: Engagement Letter for Special Services Legal Counsel
Dear Dr. Woolstenhulme:
I am submitting this letter as a proposal for the manner in which my law firm would represent
Bonneville Joint School District No. 93 (the “District”) for Special Services, Section 504, and other
Education related matters. If agreeable, this letter will form our contract for the provision of such
services.
A. Introduction
The District has general legal counsel with Nelson Hall Parry Tucker, PLLC. The District is
considering retaining additional legal counsel with expertise regarding the Individuals with
Disabilities Education Act (IDEA) and Section 504 of The Rehabilitation Act of 1973 (Section 504).
More specifically, the District wishes to retain legal counsel for IDEA related issues that have
recently arisen. New legal counsel may sometimes work cooperatively with Nelson Hall Parry
Tucker, PLLC on various education related matter.
B. Scope of Work
Consultation, guidance, and legal representation regarding matters related to Section 504 and
special education including, but not limited to: discipline, IDEA/Section 504 process,
representation in any 504 meetings and/or special education meetings as necessary, and other
related matters as requested by the District.
C. Period of Agreement
The term of this agreement shall commence on the date signed and executed by the District
below, and end upon the completion of the scope of work, or when terminated by either party
as set forth in Section H of this Agreement. The Parties may, however, upon the written request
of either party, renegotiate any of the terms of this Agreement.
D. Fees and Costs
The District agrees to pay for legal services at the applicable hourly rate set forth below, which
shall be calculated in 6-minute increments. All reasonable expenses related to the performance
of services outlined above including, but not limited to, mileage, meals, postage and shipping,
legal research, printing, telephone, long distance and other charges normally associated with
Bonneville Joint School District No. 93
Engagement Letter for Special Services Legal Counsel
Page 2 of 4
the provision of professional services shall be reimbursed by the School District. Any expenses
billed to School District will be reasonable in amount for the item in question and will be related
to work necessarily performed on behalf of School District. For work performed for non-
litigation related legal services, the billing rates shall be set as follows:
1. Non-Litigation Hourly Rates
Attorney/Paralegal Rate Role/Responsibility
Lyndon Nguyen $215 /hr Overall responsibility
For litigation related legal services, the hourly rates may be renegotiated or a separate
contingency agreement may be negotiated on a case by case basis.
2. Insurance Billing
In the event legal fees and costs are billed to the District’s insurance carrier, the District
agrees to pay any legal fees and costs that are not covered by the District’s carrier. If the
District’s insurance carrier fails to pay any legal invoice within thirty (30) days from
receipt, the District agrees to pay the full amount of the legal invoice and seek
reimbursement from the District’s insurance carrier.
3. Fee Billing Timeline
My law office will bill the District for legal services on a monthly basis. The District
agrees to pay the invoice within thirty (30) days of receipt, and ten percent (10%)
interest on unpaid balances over sixty (60) days past due.
E. Authorized School District Representatives
School District authorizes Attorney(s) to provide legal services to School District administrators,
the board clerk, and board members who contact Attorney(s) unless School District chooses to
limit the authority to the following individuals (e.g., superintendent, special education director,
principals, supervisors, board clerk, local school district counsel, etc.):
Name Position
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Bonneville Joint School District No. 93
Engagement Letter for Special Services Legal Counsel
Page 3 of 4
F. Reporting and Communication
Attorney(s) will communicate with School District as the need indicates and as otherwise
requested by School District throughout the duration of this Agreement. School District will
timely communicate with Attorney(s) as questions arise, as information becomes available, or as
circumstances change regarding matters covered by this Agreement.
G. Conflicts of Interest
School District acknowledges that Attorney(s) represent other Idaho political subdivisions. As
legal consultant to School District, Attorney(s) will refuse any new relationship or agreement
which may tend to conflict with the interests of a current client. On rare occasions, conflicts
develop among the interests of existing clients; in those cases, Attorney(s) will make every effort
to resolve the conflicts in such a way as to allow uninterrupted representation for School
District. School District understands that Attorney(s), due to other client relationships, are
unable to file a lawsuit against any Idaho municipal corporation.
In the event Attorney(s) determine they can no longer conduct joint representation of School
District and one or more other clients without adverse effect to the interests of one or more of
the jointly-represented parties, Attorney(s) will immediately advise all affected clients and will
take such measures as are necessary to protect the interests of the parties and to provide
representation for all parties in a manner that is appropriate under the applicable Rules of
Professional Conduct.
H. Termination
Either party may terminate this Agreement at any time. In such case, Attorney(s) will
immediately submit a summary of outstanding fees and expenses, which shall be due and
payable within thirty (30) days. If applicable, the retainer is refundable on a pro-rated basis
upon termination, in the event retainer funds have not been fully expended. If School District
decides to terminate this Agreement for any reason, including an actual or perceived conflict of
interest, School District agrees that, notwithstanding such withdrawal, Attorney(s) shall not be
disqualified from continuing to represent Attorney’s other political subdivision clients, including
any such representation in any ongoing or future litigation. School District further explicitly
agrees that no subsequent or subsequently discovered conflict shall preclude the continued
representation by Attorney(s) of other political subdivision clients, notwithstanding Attorney’s
receipt of confidential and otherwise privileged information from School District.
I. Agreement Disputes
Any disputes between the parties arising under this Agreement shall be governed by the laws of
the State of Idaho and venue for any such dispute shall be Ada County, Idaho. All disputes
between the parties must first be submitted to mediation prior to any party resorting to such
redress in a court of appropriate jurisdiction.
Bonneville Joint School District No. 93
Engagement Letter for Special Services Legal Counsel
Page 4 of 4
J. Disclaimer(s)
My engagement as legal counsel is on behalf of the school district and not any individual
employee of the District.
K. Authority
The signatories to this Agreement represent that they are fully empowered and authorized to
enter this Agreement on behalf of their respective organizations. This letter may be signed in
counterparts.
I would be happy to answer any questions you might have.
Sincerely,
Lyndon P. Nguyen
Attorney at Law
Agreed and Accepted:
____________________________________________________ ___________________
Dr. Scott Woolstenhulme Date
Lyndon Nguyen