The Maricopa County Community College District (MCCCD) hires outside law firms to defend it in litigated cases based on the firm’s expertise and high ethical standards. Because the Office of the General Counsel (OGC) is ultimately responsible for representing MCCCD in all legal matters, the relationship with outside law firms is that of partners. Therefore, OGC will partner with outside attorneys to ensure cost and resource efficiency. These guidelines outline that partnership.
Time Billing
The MCCCD OGC issues a solicitation every five years for a master list contract of law firms in various practice areas. The contract specifies the hourly rates of the firm’s attorneys (partners, counsels, and associates) and its paralegals along with its charges for routine expenses such as electronic research, courier service, and copying. The contract also places a cap on increases in rates for years two through five of the contract. OGC may also purchase the services of firms from the contracts of other Arizona public entities, such as the Arizona Attorney General’s Office. The procedures below apply to any purchase of legal services by the OGC.
- Procedures for Charging Fees and Expenses - Firms and attorneys providing services to the OGC must follow these procedures in making decisions that will result in fees and costs charged to OGC:
- Additional Staffing. As a general rule, all professional and non-professional staff that a firm assigns to a matter beyond the staff approved at the time that OGC first hires the firm requires the pre-approval of OGC. Non-professional staff includes law clerks, librarians, and investigators. Regardless of whether a firm submitted a budget or not, the firm may not assign an additional attorney, paralegal, or non-professional staff to work on a matter without OGC approval. Thus, if the firm believes that additional attorneys, paralegals, or non-professional staff are needed, it must obtain OGC approval before doing so. If the fees for those staff are not set forth in the firm’s contract with OGC, then OGC must approve the amount of the fees charged as well.
- Billings. The firm must send its litigation budget (including updates), if applicable, and monthly bills in electronic form to:
- The OGC attorney overseeing the matter;
- The paralegal assigned to the matter; and
- Sheri Swain at: sheri.swain@domail.maricopa.edu (if the matter involves an insurable claim – generally claims alleging state or federal employment or discrimination law or violations of intellectual property law, or tort claims)
- Impermissible Charges. Charges for which OGC will not pay are specified under “Contents of Bill” and “Expenses” in these Guidelines.
- Litigation Budgets. The only attorney, paralegal, and non-professional staff fees and expenses that a firm may invoice are those specified in the budget for the matter approved by OGC.
- No Budget Submitted. If, for some reason, OGC hired the firm for a nonlitigation matter or for a litigation matter without asking for a budget, the firm may invoice only for the services of the attorney and, if applicable, the paralegal and non-professional staff approved by OGC when it assigned the firm to the matter. Additionally, the only expenses that may be invoiced are routine expenses at rates specified in the contract. OGC must approve the assignment of additional attorneys, paralegals, and non-professional staff and all non-routine expenses in advance of the firm incurring them for the particular matter.
- Updating Budgets. Firms should update their budgets without being asked when the progression of the matter suggests that the budget is likely to change materially.
- Unspecified Rates. If a firm’s contract specifies attorneys by name and their fees, and either OGC or the firm wishes to assign an attorney at the firm who was not listed in the contract, the fees that OGC will accept for that attorney must be no higher than those for attorneys with similar experience in the firm identified in the contract. OGC must pre-approve those rates.
- Annual Increases. Attorneys working on a matter for OGC are responsible for ensuring that any increase in their fees and the fees for paralegals and non-professional staff specified the contract complies with the percentage increases specified in the contract. Increases may only occur on July 1 of years two through five of the contract. OGC will be entitled to a credit for any fees that exceed the percentage increases identified in the contract.
- Third Party Consultants. A firm may not use a third-party consultant on a matter without the prior approval of OGC of the consultant, its fees, and any consultant costs.
- Travel. OGC must pre-approve any travel related to a matter. OGC will reimburse travel and related expenses at rates that it reimburses its employees. Reimbursement requires submission of original invoices for all expenses.
- Other Arizona Contracts. If OGC purchases the services of a firm from a cooperative contract of another Arizona public entity, OGC expects the firm to comply with these Guidelines.
- Contents of Bill. All bills should contain at least the following information:
- the date of each service performed and a full description of each service rendered. A full description should include the activity performed, the names of the individuals involved, and the subject or purpose of the charges. For example, bills should reference the purpose of conferences and the names of participants, the subject matter and recipient of all correspondence prepared or reviewed by the firm, the titles of documents, proceedings and motions, and the specific issues involved in any legal research billed;
- the name of each partner, associate and paralegal performing each service and the number of hours worked on each task, billed in .10 hour increments (tasks charged as “block” or multiple item entries are not acceptable);
- total fees for all professional services rendered during the billing period; and
- the combined total for professional services and disbursements for the billing period.
- Combined Tasks. In order to evaluate a bill, OGC will not accept a bill that combines several unrelated tasks with a single total for the time spent to perform the tasks, and will return the bill for further clarification.
- Legal Research. Bills should separately describe each topic researched, specify the time spent researching each topic, and whether the research was online (e.g., Westlaw or Lexis). MCCCD will only pay for legal research that the responsible OGC attorney pre-approves.
- Bill Summary. Each monthly bill should include a summary of the time and charges for each person who performed tasks during that month.
- e-billing. The MCCCD OGC is considering an e-billing application and any potential law firms that MCCCD is doing business with must agree to e-billing and provide an interface for outside counsel to input information. The MCCCD OGC is also considering a quick payment discount, i.e., if the MCCCD pays the law firm invoice within ten (10) business days of submittal, legal fees are reduced two percent (2%) by the law firm.
- Impermissible Charges. MCCCD will not pay for:
- Preparation of budgets, bills, or responses to billing inquiries.
- Clerical work, even if performed by attorneys or paralegals (e.g. bate stamping/date stamping, enclosure letters, e-filing, etc.).
- Training or educating employees.
- Basic research on matters presumed to be within the Firm’s expertise (e.g. basic principles of employment law, rules of court, class action requirements, etc.).
- Unnecessary internal conferences about a case, such as conferences between attorneys in the firm about case status. Charges for administrative or supervisory conferences, including work assignments and status updates, will not be paid. Only one attorney fee will be reimbursable for strategic meetings.
Expenses
- Expense Itemization. Each bill should contain an itemized list of all disbursements and costs (include the per page charge for photocopies, etc.), including date incurred and who requested the disbursement. Receipts must be retained and may be requested from time to time.
- Impermissible Charges. MCCCD will not pay for:
- secretarial, word processing, proofreading, filing, or clerical services
- computer resources, other than legal research as detailed above costs of maintaining an office, such as conference rooms or supplies
- meals
- local travel or faxes
- travel unless the responsible OGC attorney pre-approves (travel is reimbursed at rates that MCCCD reimburses its employees. For more information, go to: http://www.maricopa.edu/business/ap/travel/index.html)
- Charges Billed At Cost. Outgoing long-distance faxes, computerized research, and messengers should be billed at cost.
- Filing. Consistent with meeting filing deadlines, the primary attorney should attempt to use filing alternatives such as fax filing, online filing, or mailing to save the expense of personal filing services.
Case Evaluation and Budget
- Early Evaluation. An attorney in the OGC will be responsible for managing litigation. The responsible OGC attorney will work with outside counsel to evaluate cases and determine the best defense strategy. This evaluation will include an initial task-based budget with a breakdown of the projected hours and fees assigned to each task. OGC will anticipate receiving the initial budget within forty-five (45) days of case assignment. The responsible OGC attorney will then schedule a meeting or telephone conference to discuss the outlined tasks and budget. Additionally, the budget will serve as an initial litigation plan.
- Revisions. If unanticipated events necessitate revising the budget, the primary outside attorney (primary attorney) should notify the responsible OGC attorney as soon as possible and always before exceeding the approved budget. A revised budget should be submitted in writing.
- Initial Case Evaluation Meeting. Within forty-five (45) days of case assignment, the primary attorney should schedule an initial case evaluation and strategy meeting with the responsible OGC attorney and Risk Management. The attorneys will discuss liability and damage issues, legal and factual defenses, factual investigation, anticipated discovery, motions including motions for summary judgment, case value, settlement value, and alternate dispute resolution.
Work Assignments
- Multiple Staff Assignments. MCCCD assumes that the primary attorney and one associate will defend a case. If the primary attorney wishes to assign tasks to other attorneys, the responsible OGC attorney must approve the assignments. During the initial case evaluation, the primary attorney should identify the members of his or her firm who will work on the case – including the year of Bar admission of any associate and a description of related experience – and the anticipated duties of each person. If the primary attorney wishes to make further assignments during the litigation process, he or she should first consult with the responsible OGC attorney. In making staffing changes, the primary attorney should note that MCCCD will not pay for the transition or learning time resulting from a staffing change, and this time should not appear on a bill.
- Assignment Levels. The primary attorney should assign tasks at the most efficient level (i.e., partner, associate, paralegal, clerk, or secretary) consistent with high quality legal services. If the fee schedule approved by the OGC includes higher fees for partners than associates and paralegals, partners should perform the more sophisticated legal work not appropriately assigned at a lower level. Similarly, associates should perform only those tasks requiring use of an attorney, and paralegals should only perform work that is not clerical. Bills must include sufficient detail to demonstrate that the level of work is appropriate to the level of the person performing it.
- Single Assignments. The primary attorney should assign only one person to attend meetings, depositions, mediations, and arguments, and to perform other necessary tasks, unless the task absolutely requires more than one person. OGC expects the assignment or attendance of more than one person will be the exception.
- Work by MCCCD. The primary attorney should give consideration to whether some of the work can be performed by lawyers, paralegals, or other persons employed by MCCCD, and whether other ways exist to accomplish tasks to minimize the time required by the Firm without compromising the quality of legal services.
Communication
- Communication is the key to maintaining a partnership with the OGC. It is in the mutual interest of the OGC and the assigned law firm to have no surprises. The primary attorney should keep the responsible OGC attorney apprised regularly as to the progress of the case and especially before making decisions significant to the outcome of the case. Risk Management should be copied on all correspondence, filings, and billings. It may be necessary to copy MCCCD’s insurance carrier(s), as well. The names and contact information of all people to be copied is provided below.
- Whenever possible, written communication should be done via email only. As much as possible, we wish to eliminate duplicate copies of correspondence being sent via U.S. Mail or facsimile.
Dispositive Motions
- The primary attorney should draft and file dispositive motions only after consultation and approval of the responsible OGC attorney.
Settlement
- Sometimes it is in the best interest of MCCCD to amicably settle cases. If the primary attorney believes that settlement is in the best interests of MCCCD and that ADR will facilitate settlement, he/she and the responsible OGC attorney should discuss ADR. Neither the primary attorney nor any associate should initiate settlement negotiations or make settlement offers without approval of the responsible OGC attorney. Prior approval may also be required from MCCCD’s insurance carrier and/or the insurance carrier may wish to participate in settlement discussions or ADR proceedings.
SAMPLE LITIGATION BUDGET WORKSHEET
MATTER CAPTION: ___________________________________
CAUSE NO.: ________________________
Include fees, expenses, and total for each line and a subtotal for each section.
PHASE I: Investigation and Initial Pleadings
- Legal fees and expenses to be incurred from the date this matter is referred to Outside Counsel up to date of filing of the initial complaint or answer.
- Investigation & Analysis
- Settlement Negotiations
- Complaint/Original Petition/Answer:
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Other (Specify): _____________________________
Estimated Hours for Completion: ______________
PHASE I - TOTAL $_____________
PHASE II: Responsive Pleadings, Motions, Discovery, Legal Fees, and Expenses (to be incurred from the date of filing of the initial complaint to the discovery cut off date)
- Settlement Negotiations
- Motions:
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Default Judgment
- Dismissal
- Summary
- Judgment
- Other ________________________________
- Opposition to (or) Motion to Amend Pleadings:
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Interrogatories/Requests for Admissions
- Response to Interrogatories/Requests
- Discovery Motions (i.e. Protective Order, Compel)
- Depositions (including witness preparation/identify deponents)
- Transcription or Other Review
- Interview/Designation of Expert Witnesses
- Court Ordered Status Conference
- Other (Specify):_____________________________
Estimated Hours for Completion: ____________
PHASE II - TOTAL $_____________
PHASE III: Pretrial/Trial Preparation. Legal fees and expenses to be incurred from the discovery cut off date until the first day of trial.
- Settlement Negotiations
- Docket Call
- Pretrial Motions and Replies (Specify): ____________________________________________
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Pretrial Conference
- Pretrial Order (including preparation of witnesses and exhibits lists)
- Research: $________________
- Drafting: $________________
- Trial Brief
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Preparation of Experts/Witnesses
- Jury Instructions
- Other (Specify):_____________________________
Estimated Hours for Completion: ____________
PHASE III – TOTAL $_____________
PHASE IV: Trial. Legal fees and expenses to be incurred from the date the trial commences through the entry of final judgment.
- Settlement Negotiations
- Estimated Number of Trial Days: _____________
- Trial Fees (aggregate)
- Partners: $________________
- Associates: $________________
- Paralegals: $______________
- Expert/Witness Fees and/or Expenses
- Jury Selection
- Responses to (or) Motions for Directed/Instructed Verdict and/or Judgment Notwithstanding the Verdict:
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Other (Specify): _____________________________
Estimated Hours for Completion: _____________
PHASE IV – TOTAL $_____________
PHASE V: Post-Trial. Legal fees and expenses to be incurred after the entry of final judgment, but excluding any appellate actions.
- Settlement Negotiations
- Response to (or) Motion for New Trial
- Research: $________________
- Drafting: $________________
- Argument: $______________
- Prepare Judgment or Order
- Transcript or Other Review
- Attorney Opinion Letter (whether to appeal or respond to appeal)
- Writ of Execution (preparation and filing)
- Other Execution (Specify):____________________
- Post Judgment Interrogatories
- Post Judgment Depositions
- Other (Specify): _____________________________
Estimated Hours for Completion: _____________
PHASE IV – TOTAL $_____________
GRAND TOTAL OF ALL LITIGATION PHASES – TOTAL $_____________
Contact Information
Office of General Counsel
2411 West 14th Street | Tempe, AZ 85281-6942
Leslie Cooper, General Counsel
480-731-8878 P | 480-731-8890 F
leslie.cooper@domail.maricopa.edu
Robert Bienkowski, Administrative Specialist Sr.
480-731-8848 P | 480-731-8890 F
robert.bienkowski@domail.maricopa.edu
MCCCD Risk Management
2411 West 14th Street | Tempe, AZ 85281-6942
Sheri Swain, Risk Manager
480-731-8879 P | 480-731-8890 F