November 1, 2022
City Attorney's Office
DATE: November 1, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Heather Mc Laughlin, Interim Senior Assistant City
Attorney
Subject:
Legal Services Agreement with Liebert Cassidy
Whitmore Legal for Litigation Services
FINANCIAL IMPACT: The total expenditure of $225,000 was budgeted in FY 2021-2022 Risk Management General Liability Fund
50182316-400554.
PREVIOUS COUNCIL
ACTION:
The original legal services agreement was approved by
the City Council on October 5, 2021.
STATEMENT OF THE
ISSUE:
The law firm of Liebert Cassidy Whitmore is currently
defending the City in three employment litigation
matters. The firm’s contract expired, and the City
Attorney’s Office seeks approval of a new legal services agreement to pay $125,000 in past due invoices and an
additional $100,000 to continue providing
representation.
RECOMMENDED ACTION:
APPROVE a new agreement with the law firm of Liebert
Cassidy Whitmore, in a total amount not to exceed
$225,000, for the continuation of litigation legal services, for a term of June 30, 2022 to June 30, 2023 – City
Attorney’s Office (Dave Aleshire/Heather McLaughlin
620-6848).
AGENDA
REPORT
November 1, 2022
DISCUSSION:
Liebert Cassidy Whitmore is a law firm with several offices throughout California that exclusively provides legal services to public sector agencies. In addition, Liebert Cassidy Whitmore has a consortium that offers management training at a reduced cost to the City. Liebert Cassidy Whitmore has the experience and expertise necessary to continue providing legal support in general labor and employment issues and related litigation. The firm has provided litigation services and related support under an agreement with the City and is currently representing the three employment litigation matters. If these matters proceed through trial, additional funds will be needed to support the defense of the lawsuits.
Like many firms, Liebert Cassidy Whitmore routinely adjusts its rates. While the agreement allows the rates to be adjusted at the staff level, City staff rejected the proposed increase and Liebert Cass idy Whitmore has agreed to keep the rates from the expired agreement for this fiscal year. Partner rates are $380 per hour and associate rates are between $240-$300 per hour. The approval of the litigation agreement will allow the firm to continue to provide services for on-going litigation matters. The total amount of the $225,000 request is comprised of the approximately $125,000 in past due bills from the date the contract expired on June 30, 2022, to present as well as $100,000 to continue its representation of the City in pending employment litigation matters.
DOCUMENTS ATTACHED:
Attachment 1 – Liebert Cassidy Whitmore LSA Litigation (Expired) Attachment 2 – Liebert Cassidy Whitmore LSA Litigation (Proposed)