by Mike Sharkey
Staff Writer
An amendment to a bill proposed by City Council Finance Committee member Art Graham could pave the way for any law firm or attorney in the area to benefit from Better Jacksonville Plan land condemnation proceedings. Previously passed in 2001, the bill essentially permitted three legal entities — the law firms of Austin & Austin and Smith, Hulsey & Busey and land use attorney and lobbyist Paul Harden — to serve as outside counsel for the City as it acquired land all over Jacksonville for BJP projects. The bill also permitted them to charge $195 an hour for partners, $165 an hour for associates and $75 an hour for paralegal work.
Finance Monday approved new legislation that raises those fees to $285, $230 and $125, respectively. However, Graham’s amendment — which passed — paves the way for any qualified attorney or firm to serve as outside counsel on future BJP land issues.
Tom Beverly of the Office of General Counsel, said the 2001 legislation “authorized outside counsel on an as-needed basis.” Cindy Laquidara, chief deputy general counsel, said the City could seek input from other firms in the future and also indicated the new rates are acceptable to both the City and the outside attorneys.
“These are appropriate rates and some (cases) are ready for trial,” she said.
Finance member Jack Webb, who’s also an attorney, wanted to know what kind of research had been done to justify the rates. Beverly indicated the new rates are actually lower than what’s normal for eminent domain cases. Unlike a purely private sector case, attorneys working on cases involving municipalities are assured of a paycheck once the matter is resolved.
“Their rates are significantly lower because they know they’ll get paid,” he said.
The bill passed 7-0.
One law firm that won’t get paid all of what it billed the City is Miami-based Greenberg Traurig. The firm was hired by the City last year to help in the lawsuit against Seminole County and the St. Johns River Water Management District over water withdrawals from the St. Johns River. The original legislation set aside no more than $400,000 for outside counsel in the case. However, the firm has billed the City $100,000 for expert witness testimony and another $125,000 in attorney’s fees.
Monday, the Finance Committee approved the witness fees, but not the attorney’s fees. Graham said he could accept paying for expert testimony, however, he did not agree with paying an extra, unauthorized $125,000 in legal fees.
“I have no problem paying $100,000 for the experts, but someone could have picked up the phone and called; $125,000 is nothing to sneeze at,” he said.
Jason Teal of the OGC said thanks to a Jan. 12 decision handed down by an administrative judge, the City won’t incur anymore fees from Greenberg Traurig.
“Basically, Greenberg Traurig’s job is done,” said Teal. “We are at the end of the line as far as fees go.”
Webb suggested giving the current Greenberg Traurig bill to the Council Auditor’s Office in an effort to find ways to pare down the $125,000 that’s owed.
“We will look at it line-by-line. There are some things we just don’t pay for,” said Teal. “In my personal opinion, there is some room for negotiation.”
Finance member Daniel Davis wanted to know if expert testimony was included in the original $400,000 allocated to hire outside counsel. Teal said there is disagreement over that matter between the City and the Miami firm. Davis also wanted to know who authorized Greenberg Traurig to bill the City beyond the Council approved $400,000. Teal said Tracey Arpen of the OGC had been dealing with the firm. However, Teal said nobody from his office formally approved being billed over $400,000.
The amended bill passed 7-0.
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