Guidelines for Outside Counsel - DHCD (2025).pdf

DHCD Representation Guidelines Revised September 2025

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Attachment A-4

CITY OF PHILADELPHIA

DHCD GUIDELINES FOR LEGAL COUNSEL

REPRESENTING THIRD PARTIES

The following procedures are to be followed by counsel representing third parties for all matters funded by the City of Philadelphia (the “City”), subject to and to the extent permitted by the Pennsylvania Rules of Professional Conduct and other applicable laws, unless otherwise advised by a Responsible Official from the Division of Housing and Community Development (the “Department”).

I. MANAGEMENT BY DEPARTMENT

A Department official will be designated to manage your work under the Provider

Agreement (the "Responsible Official"). You are expected to keep the Responsible Official informed of all developments that materially affect your ability to perform your obligations under the Provider Agreement.

II. STAFFING

Staffing should be conducted in compliance with the Scope of Services and Budget. If not otherwise stated by the Scope of Services and Budget, in general, only one (1) attorney at a time from your organization or firm should be assigned to perform each task or function required in connection with a representation. Approval for multiple staffing at the same time of any task or function should be obtained from your organization or firm’s managing attorney.

III. CONFIDENTIALITY

The Provider Agreement to which these Guidelines are attached is for the express purpose of engaging legal counsel for third parties and, as such, shall be confidential and subject to the protection of the attorney-client privilege under the Pennsylvania Rules of Professional Conduct, Rule 1.6. You shall use any confidential or proprietary information obtained in the course of representation solely for the purposes of the performing your obligations under the Provider Agreement and for no other purpose whatsoever.

IV. LEGAL RESEARCH

Reimbursement for legal research conducted in the course of third-party representation shall be limited to the terms of the Provider Agreement and Budget.

V. STATUS REPORTS

Keep the Responsible Official informed on the status of services provided under the

Provider Agreement in a timely manner and no less frequently than stipulated in the Provider

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Agreement.

VI. GENERAL CASE MANAGEMENT PRINCIPLES

A. Personnel

Casework, including but not limited to meetings, conferences, depositions and trials, should be managed to ensure efficient and economical use of resources. In general, multiple representation at meetings, overstaffing, rotating City-funded representation between attorneys unfamiliar with a matter, or training staff using City-funded matters should be avoided.

B. Media Policy

Publicity related to any representation under this contract should be undertaken in compliance with the Scope of Services and submitted to DHCD for approval.

C. Inter-Office Conferencing

Keep inter-office conferencing to the minimum necessary for personnel to effectively and efficiently manage a legal matter.

VII. DIVERSITY

The City, acting through its Office of Economic Opportunity (“OEO”), works to ensure that all businesses desiring to do business with the City have an equal opportunity to compete under the City’s procurement process free from unlawful discrimination. As a demonstration of your shared commitment to this goal, you are required to comply with all applicable antidiscrimination laws and requirements when subcontracting legal services under this Contract, as required under the General Provisions.

VIII. BILLING PRACTICES

A. Expenses Generally, the Department will reimburse expenses incurred in connection with the services under the Provider Agreement only at cost; that is, the firm may not bill its expenses at a marked-up amount.

Expenses for meals and in-City travel for Philadelphia-based attorneys will not be reimbursed and attorneys may not bill for in-City travel time. Expenses for out-of-town travel for which you expect the City to pay must be preapproved by the Responsible Official.

The City will not reimburse for expenses in excess of the rates shown below unless otherwise provided in the Provider Agreement or approved in advance by the Responsible Official.

Rates for the personnel performing Services under the Provider Agreement also should not change during the contract term, unless otherwise provided in the Provider Agreement or approved in advance by the Responsible Official.

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EXPENSE MAXIMUM

DESCRIPTION ALLOWABLE CHARGE

COPIES

Photocopy (in house) $.15 per page Document Binding $1.00 per booklet Photocopy (outside service) Invoice amount

MAIL/DELIVERY SERVICE

Federal Express, Express Mail, Other Invoice amount (must Express Delivery Service apply discount, if available) In-House Hand Delivery No charge within City Outside Hand Delivery Invoice amount

COMMUNICATIONS

Long Distance Calls Invoice amount Calls From Car/Cellular Phones Invoice amount Fax:

Incoming No charge Outgoing $1.00 per page Postage Actual amount

RESEARCH/DATA MANAGEMENT

Online Data Base Usage Invoice amount Computer Usage (Litigation Support) $25.00 per hour Reports, Searches, Certificates Invoice amount Filing, Recordation Fees Invoice amount Depositions, Transcripts, Service of Process Invoice amount

TRAVEL

Travel (non-auto) Invoice amount Auto:

Personal Car $ .50 per mile Firm Car $ .50 per mile Rental (economy car) Invoice amount

OTHER

Staff Overtime $25.00 per hour Outside Professional Services Invoice amount Other Misc. Cash Costs Incurred Invoice amount on the City's Behalf

B. Billing Statements

All billings by your organization or firm to the City for Services rendered and expenses incurred are to be sent to the Responsible Official according to the terms of the Provider Agreement, and as directed by the Responsible Official.

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C. Unacceptable Billing Practices The following are examples of what the City deems unacceptable billing practices:

1. Excessive, repetitive, unnecessary, duplicative revisions of pleadings, documents, correspondence, etc.

2. Unnecessarily rotating assignments to attorneys unfamiliar with the assignment.

3. Excessive inter-office conferencing.

4. Billing the City for administrative or ministerial tasks that are properly charged to the firm's overhead.

5. Billing for secretarial, word processing or other clerical time.

IX. CONFLICTS OF INTEREST

By entering into the Provider Agreement to which these Guidelines are attached, you hereby represent and warrant that, having already performed an adequate and thorough inquiry, you have determined in your professional judgment that there are no actual or potential concurrent conflicts of interest with respect to legal services provided under the Provider Agreement, unless otherwise disclosed with the City’s prior approval. You shall promptly disclose to the City any actual or potential conflicts of interest that may arise during the course of providing these services, and the City may thereafter, in its sole discretion, elect to either terminate the underlying Provider Agreement in accordance with the General Provisions, or waive any such actual or potential conflict and maintain the Provider Agreement. Should the City elect to maintain the Provider Agreement, you shall put into place an appropriate and effective firewall/screen for all persons assisting in this representation and shall submit a written description of the firewall/screen for the City’s approval.