2-APPENDIX F - Outside Counsel Procedures.pdf
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- Solicitation number
- RFP 32-26-BB
- Issued by
- Bernalillo County, New Mexico
About this file
This is an Outside Counsel Procedures document issued by the Bernalillo County Legal Department in October 2015, establishing policies and guidelines for the engagement and management of outside counsel (external law firms) retained by the County. The procedures document outlines the framework for how outside counsel operates in coordination with the County's internal Legal Department, including the roles and responsibilities of each party, the engagement process, and operational requirements. The document applies to all matters handled by outside counsel on behalf of Bernalillo County and its departments, including both transactional and litigation matters. No specific response dates, site visits, or bidder conferences are mentioned in this procedures document, as it functions as internal policy guidance rather than a solicitation for services.
The procedures establish that outside counsel must be engaged through applicable procurement procedures in accordance with the County Procurement Code, with Legal Department attorneys holding sole authority to retain counsel for litigation matters. Billing guidelines specify that invoices must include detailed content, with hourly rates and staffing levels subject to approval, and non-billable items explicitly excluded from compensation. The procedures require outside counsel to maintain confidentiality, avoid conflicts of interest, and adhere to security protocols regarding work products and research materials. Additional requirements include engagement of local counsel where applicable, documentation of expert witnesses, and adherence to the County's litigation philosophy emphasizing ethics, proper motion practice, discovery procedures, and alternative dispute resolution. The document emphasizes that outside counsel must obtain prior written approval from assigned Legal Department attorneys before incurring significant fees, initiating extraordinary remedies, or proceeding with matters presenting legal, regulatory, precedential, or reputational risks to the County.
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Text version
Exhibit B ATTACHMENT A
BERNALILLO
COUNTY LEGAL
DEPARTMENT
OUTSIDE COUNSEL PROCEDURES
OCTOBER 2015
BERNALILLO COUNTY
LEGAL DEPARTMENT
Outside Counsel Procedures
ATIACHMENTA
I. Introduction ........................................................................................................... I
II. Relationship with the Legal Department and Other Law Firms
m. Engagement of Outside Counsel
A. General Engagement Policy
B. Role of the Legal Department
C. Role of the Cowity Departments seeking use of Outside Counsel
D. Role of the Law Finn
IV. Billing Procedures and Guidelines
A. Invoice Content and Details
B. Travel
C. Hourly Versus Non-hourly Billing ............................................................. 4-5
D. Staffing
E. Non-Billable Items
F. Non Payment of Invoices Due to Incorrect Format or Entries
G. Disbursements
H. Legal Research
I. Credits
V. Confidentiality and Security of Information
A. Contracts with the Media
B. Conflicts of Interest
C. Standard Forms
D. Work Products and Research Materials .................................................... 9-10
VI. Minority and Women Outside Counsel
VII. Litigation Matters
A. General ii
A
ATTACHMENT
B. Litigation Philosophy
1. Advocacy ...................................................... ;
2. High Ethics
3. Motion Practice and Discovery
4. Settlements
5. Alternative Dispute Resolution
C. Engagement of Outside Counsel
1. Engagement Policy
D. Relationship with Legal Department
1. Principal Legal Cont act
2. Mandated Contacts
3. Partnering Relationship
4. Initial Requirements of Outside CowtSel
E. Reporting Requirements/TeamConnect
F. Miscellaneous Requirements
1. Engagement of Local Counsel
2. Engagement of Experts
3. Appeal iii
AITACHMENT
A
Il. Relationship with the Legal Department and Other Law Firms
The County's legal needs are served through the coordinated efforts of outside counsel and attorneys within the Legal Department. Outside counsel is directed to consult with the Legal Department attorneys to become familiar with County policies, procedures and availability of forms and research. In general, outside counsel should identify and consult regularly with the responsible attorney in the Legal Department for each matter they undertake. On significant matters, outside counsel should confirm whether a specific Legal Department attorney has been assigned to work with outside counsel, and if so, work with that attorney to develop a strategic plan which shall cover the following: (i) handling the matter, including staffing, budgeting and development of a comprehensive strategy where opposition is anticipated; and (ii) approvals required before taking any action or incurring any expense as described in these Procedures.
In all cases, outside counsel must obtain prior approval from a Legal Department attorney before incurring significant fees or expenses on a matter, initiating action seeking extraordinary remedies or relief sought on the County's behalf, undertaking representation involving any possible conflict of interest; or proceeding with any matter entailing a significant legal, regulatory, precedential or reputational risk to the County.
If outside counsel requests the use of any other law firm or attorney in a matter it is handling for the County, such request must be made to the Legal Department attorney handling the matter. If the request is approved, the law firm may engage the services of such counsel directly.
m. Engagement of Ou1side Counsel
A General Engagement Policy
The Legal Department shall obtain the services of outside counsel through applicable procurement procedures and in accordance with the Procurement Code.
B. Role of the Legal Department
An attorney in the Legal Department must review and approve in advance all requests to engage outside counsel on most matters. For certain classes of matters, including transactions involving eminent domain or real estate where the cost of services are paid from bond funds, an attorney � the Legal Department may grant authority to engage counsel to designated individuals in a department requesting legal services.
Attorneys in the Legal Department, and only those attorneys, have the authority to retain outside counsel for all litigation matters.
C. Role of the County Departments seeking use of Outside Counsel.
Before engaging outside counsel, a County department must submit a written request to the Legal Department. The Legal Department will
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