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APPROVE SIX RESOLUTIONS AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRMS OF McNAMARA NEY, BEATTY, SLATTERY, BORGES & AMBACHER, LLP; PORTER SCOTT; CAULFIELD LAW FIRM; ORBACH, HUFF & HENDERSON, LLP; ARATA SWINGLE VAN EGMOND & HEITLINGER; AND RICHARDS, WATSON & GERSHON, PLC
recommended action
RECOMMENDATION
It is recommended that the City Council adopt six resolutions approving Agreements for Legal Services with the firms of McNamara Ney, Beatty, Slattery, Borges & Ambacher, LLP; Porter Scott; Caulfield Law Firm; Orbach, Huff & Henderson, LLP; Arata Swingle Van Egmond & Heitlinger; and Richards, Watson & Gershon, PLC.
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Summary
The City needs to hire outside counsel from time to time to handle special, complex legal matters, including litigation, personnel, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.
The firms presented here are uniquely qualified to handle specialized and complex matters because of their extensive and unique skills and experience. While this action by the Council would not cause any particular matter to be assigned to the firms being considered, those firms would be available to assist with future matters as the need arises.
DISCUSSION
Background
Modern City attorneys are generalists in a field that used to be a specialty called ‘municipal law.’ In today’s world, municipal law has become an area composed of a great many subspecialities and in-house city attorneys have become more like general practitioners.
Although it is the goal of all city attorneys to utilize outside attorneys as little as possible, the reality of practice necessitates the use of outside attorneys when there is a conflict of interest, lack of technical expertise in specialized areas of law, or lack of staffing.
There are a variety of specialized practice areas such as special, complex litigation matters, personnel issues, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters, where it is appropriate and advisable to retain the services of attorneys who specialize in these areas.
Present Situation
The City currently has a particular need for the ready availability of experienced outside counsel from time to time to handle these special and/or complex legal matters. The proposed firms are experienced, come with recommendations from other government entities, and are proficient in handling some or all these matters and their related issues. The City will benefit from having these firms available to assist with these issues on an as-needed basis. Their respective hourly rates and other fees are reasonable and extremely competitive. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.
FINANCIAL SUMMARY
Legal services will be billed on an hourly basis pursuant to the rates set forth in the Agreements. The fees will be paid through various accounts, depending on the nature of each matter.