DAIELLO LAW, LLC

230 South Broad Street, 17th Floor

Philadelphia, Pennsylvania 19102
Tel: (215) 918-4242 · Fax: (215) 918-4143 · MIKED@DAIELLOLAW.COM

VIA DOCUSIGN
cabercauph@verizon.net

May 11, 2022

RE: Engagement Letter

Dear Ms. Abercauph:

We are pleased that you have engaged our office to represent you for a residential
eviction of an occupant at 719 Pine Street, Philadelphia, PA 19106. You will be our
client, and this letter will set forth the agreement that governs this engagement.

You explained to me that you wish to evict the occupant, Kevest Seeney, from the
property. You engage me to assist you in ensuring compliance with Philadelphia
ordinances pertaining to evictions, then file and litigate an eviction case to conclusion.
No other legal services are covered by this agreement or anticipated at this time.

Thank you for selecting our law firm to represent you in this matter. Our fees for legal
services are an hourly rate of $325 per hour. Our agreed upon fee quote will be honored
for five (5) days following the date of this letter, after which time the fee will increase
according to the terms of the following Legal Services Agreement.

You agree that, before work will commence in this matter, you will make an initial
deposit of $3,000, which we will deposit in our trust account.  Each month we will
prepare and send you an invoice for the fees and costs associated with the work we have
completed, and we will withdraw funds from your retainer account to pay the amount
invoiced.

Please understand that the initial retainer may not be sufficient to cover the entire cost of
this matter; it is only intended to provide funds sufficient for us to begin work.

Whenever the balance in the retainer account is exhausted, we will ask you to refresh the
account back to $1,500. If you fail to refresh the retainer account within 10 days, we will
cease all work not required by law or ethical requirements. We will not provide services
while there is insufficient money in the retainer account to cover the cost of the work
being done. If the problem is not resolved within 30 days we may withdraw from this
representation agreement.
I may send you pleadings, documents, correspondence, and other information throughout
the case. These copies will be your file copies. Please retain them. I will also keep the
information in a file in my office, which will be my file. Please bring your copy of the
file to all of our meetings so that we both have all the necessary information in front of
us. When I have completed all the legal work necessary for your case, I will close my file
and return original documents to you. I will then store the file for approximately seven
(7) years. I will destroy the file after that period of time unless you instruct me in writing
now to keep your file longer.

I have included a copy of this letter for your review, signature, and return to me by email
or mail. If any of the information in this letter is not consistent with your understanding
of our agreement, please contact me before signing the letter. Otherwise, please sign the
enclosed copy of this letter and return it to me.
On behalf of the firm, we are happy to represent you in this matter. If you have any
questions, please contact me at your convenience.

Sincerely,

DAIELLO LAW, LLC

__________________________________
Michael L. Daiello, Esquire

MLD/
Enclosures: Attorney Legal Services Agreement; Communications Policy; Welcome
Packet

I have read this letter and consent to it. Furthermore, I grant and give my informed
consent after Michael L. Daiello has proposed the course of conduct, has communicated
adequate information, and has explained all material risks of and reasonable available
alternatives to the proposed course of conduct.

 
__________________________________ __________________________
Carol Abercauph Date
 ATTORNEY LEGAL SERVICES AGREEMENT

This Attorney Legal Services Agreement is made on May 11, 2022 between Carol
Abercauph (“Client”), and Daiello Law, LLC (“Attorney”).

SCOPE OF SERVICES

Client hires Attorney for pursuing an eviction action against client’s residential tenant.
Attorney will assist Client in ensuring compliance with Philadelphia ordinances
pertaining to evictions, then file and litigate an eviction case to conclusion. No other legal
services are covered by this agreement or anticipated at this time.

ATTORNEY FEES, COSTS AND CASE EXPENSES

Attorney’s fee for representation is an hourly rate of $325 per hour. Attorney’s fee quote
will be honored until 5 days from today after which time the fee will increase to $350 per
hour.

Representation does not include defense of any counter-claims which could be filed by
the occupant against Client. Client is unaware of any claims or potential claims that may
be asserted by the occupant against Client. In the event that Client is named as a
defendant in a counter-claim in which the occupant seeks damages from Client, Attorney
will provide Client with an Addendum to this agreement for proposed additional
representation.

EVERGREEN RETAINER

Prior to the commencement of services, Client will deposit with Attorney an initial
retainer of $3,000, which Attorney will deposit in a lawyer trust account. These funds
will be held by Attorney to pay the attorney fees and case expenses. The initial retainer
may not be sufficient to cover the entire cost of Client’s matter; it is only intended to
provide funds sufficient for Attorney to begin work.

Attorney will provide Client on a monthly basis an Invoice for the fees and costs
associated with the work completed during the billing cycle. Attorney will withdraw
funds from Client’s retainer account to pay the amount invoiced.

Whenever the balance in the retainer account is exhausted, Attorney will ask Client to
refresh the account back to $1,500. If Client fails to promptly refresh the retainer account
to the original deposit, Attorney will cease all work not required by law or ethical
requirements until the replenishment payment is made. Attorney will not provide
services while there is insufficient money in the retainer account to cover the cost of legal
services. If the problem is not resolved within 30 days, Attorney may seek to withdraw
from this Agreement.
Client hereby authorizes Attorney to withdraw sums from the trust account to pay the
costs, expenses, and attorney fees for legal services incurred. However, it is intended that
the retainer fee deposit will be held and used as a security deposit and made available for
use as Client requests legal services from Attorney. Attorney will charge all costs,
expenses, and fees for legal services incurred during each monthly billing cycle against
the retainer fee deposit. Client agrees to promptly replenish the retainer and keep the
ongoing minimum retainer on account to cover fees and costs for sudden, unexpected,
and/or emergency developments in Client’s legal matters. In other words, Client agrees to
pay Attorney in advance for all work to be performed, by maintaining at all times a
retainer fee deposit which is to be replenished in a timely manner.

Any unused portion of the retainer deposit is fully refundable. Any funds not used for
costs, expenses, and attorney fees for legal services will be refunded to the Client.
Attorney fees which have been earned for legal services rendered may not be refunded.

ATTORNEY COMPENSATION

Client agrees to pay for legal services at a rate of $325 per hour for Michael Daiello,
Esquire and $175 per hour for paralegals/ assistants. All personnel billing for their time
will do so in 1/10 of an hour (i.e., six minute) increments, and will round to the nearest
such increment.

Client agrees that these fees are reasonable on the basis of Attorney’s ability, training,
education, experience, professional standing and skill, and the difficulty, intricacy,
importance, and time and skill required to perform the work to be done.

It is understood by Client that ALL time expended by personnel in Attorney’s office on

Client’s matter(s) should be expected to be billed at the agreed rate. It is not possible to
list all the work that may be required in working on Client’s case, but it is understood that
such work (by attorneys, or legal assistants/paralegals) includes time spent on phone calls
to or from Client, or on Client’s behalf, reviewing or handling incoming documents from
Client, the opposing party, the Court, or any third party, and drafting, preparing, editing,
reviewing, etc., pleadings, letters, documents, or materials, etc., performing legal or
factual research, travel to or from hearings or meetings, depositions, time actually spent
in such hearings and meetings (including time spent waiting for the matter to be called)
and any other activities related to this matter. In short, Client is informed and understands
that the time spent by the personnel of Attorney’s office attending to Client’s case will
normally be billed at the rate of the persons who spent the time.

Notwithstanding the expectation that all time spent on Client’s case will be billed,
Attorney may, at Attorney’s discretion, elect to “write off” or “no charge” certain time
actually expended by attorneys or legal assistants/paralegals on Client’s behalf. Client
acknowledges being on notice that any such write-offs are discretionary by Attorney, and
are expressly contingent on there being no dispute regarding payment of the remaining
items billed to the Client.

STATEMENTS AND BILLING

Attorney will send Client monthly statements for costs, expenses, and fees for legal
services incurred. The sum indicated on such statements is owed upon generation of the
statement, and must be paid within 10 days of the statement date. Normally, Client
should have a retainer fee deposit in Attorney’s trust account on the date that statements
are generated, in which case the costs, expenses, and fees for legal services owed by
Client to Attorney will be paid out of the Client’s trust balance upon generation of the
statement.

Obviously, it is possible for mistakes to happen, and Client is not expected to pay for any
charges that are incorrect. Client may call or e-mail Attorney’s office with an inquiry
concerning billing statements. Most actual errors can be resolved with a simple phone
call, and Attorney or Attorney’s staff will inform Client whether a mistake is
acknowledged, and promptly send an amended statement showing any adjustment or
correction resulting from any such call.

RULES FOR CLIENT

Attorney is able to provide the best possible service when Client provides full disclosure
to Attorney. Client agrees to abide these rules:

1. Client will be completely honest with Attorney, including withholding pertinent

information.

2. Client will fully cooperate with Attorney and will promptly provide information
and documents and will sign requested documents by the date requested whenever
possible.

3. Client will treat Attorney and Attorney’s staff with respect at all times.

4. Client will not behave in any manner that is likely to harm Client’s case,
including but not limited to, any criminal behavior or violating any court order, in
fact or in spirit.

DISCHARGE AND WITHDRAW

Client may discharge Attorney at any time, although Client understands that court rules
might still require Attorney to file a motion to withdraw. Attorney may withdraw at any
time at Attorney’s discretion. In either such circumstance, Client agrees to sign the
documents necessary to permit Attorney to withdraw. Client has been informed that
among the events that should be expected to cause Attorney’s withdrawal from this case
are Client’s breach of any portion of this Agreement (including its payment provisions),
Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material
matter, or any other fact or circumstance that would render Attorney’s continuing
representation unlawful, unethical, or impractical. Specifically, while it is the province of
the Client to identify the “objectives of representation,” a lawyer is not required to pursue
objectives or employ means simply because a client may wish that the lawyer do so. The
terms of a lawyer’s representation may exclude specific objectives or means, including
those that a lawyer regards as repugnant or imprudent. If Client shall desire to retain other
counsel, then Attorney shall be paid the amount then due and owing for work performed
for Client.

ACCEPTANCE OF TERMS

By our signatures below, we acknowledge acceptance of the terms and conditions of this
agreement.

Accepted and Agreed:

____________________________________ ____________________________________
Carol Abercauph DAIELLO LAW, LLC
Michael L. Daiello, Esquire

Date: _______________________________ Date: May 11, 2022