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FUESD renews contracts with 3 legal firms

Rick Monroe

Special to the Village News

After unanimously agreeing to renew the contracts with two attorney groups, board members of the Fallbrook Union Elementary School District questioned the need for yet another legal firm at its July 19 meeting.

Board President Suzanne Lundin reminded the board members that at its May 17 meeting, the district renewed its contract with Dannis Woliver Kelley for the fiscal year. It was described as a retainer agreement, allowing the company to continue to provide legal advice and counsel as needed.

The contract approved by the district for Dannis Woliver Kelley stated: “Attorney agrees to prepare periodic reviews of relevant court decisions, legislation, and other legal issues. Attorney agrees to keep current and in force at all times a policy covering incidents of legal malpractice.”

Attorneys for the firm would be paid the same as the previous school year, $265 to $360 per hour.

At the July 19 meeting, renewal of the legal services contracts was approved, with separate 5-0 votes by the board, for both Adams, Silva & McNally LLP and Fagen Friedman & Fulfrost LLP.

The contract with Adams, Silva & McNally LLP is based on legal counsel and advice as needed. It outlines their rate of pay to be $265 to $285 per hour with a partner, senior counsel, or “of counsel.” During the 2020-2021 fiscal year, the total billing by the firm was $13,606.71, as of June 2, 2021.

Fagen Friedman &Fulfrost’s contract is also for legal counsel at about the same hourly rate, $255 to $290 per hour, or $290 for “of counsel.” Its billing for the 2020-2021 school year was $54,737.50 as of June 2, 2021.

The July 19 meeting then became noteworthy as the next item on the agenda was yet another contract for a legal firm, Atkinson, Andelson, Loya, Ruud & Romo. This was not a renewal, but for a new, additional legal provider.

Board member Ricarco Favela was first to question the need for another attorney, saying the three firms seem to provide what the district needs.

Lundin also had concerns. “It seems we have a breadth of choices for legal counsel and action,” she said. “The three all have experience with the district, most for 10 years or more,” she said. “Adding a fourth might be more than we need at this time.”

The board president suggested the members reconsider the number and makeup of the legal teams next spring when contracts are reviewed.

Superintendent Candace Singh said that as a team, administrators like the option of multiple attorney groups.

“We use our professional judgment about what firm to use,” she told the board. “Or sometimes we want a second opinion.”

Singh also pointed out that Atkinson, Andelson, Loya, Ruud & Romo has 10 years of experience working with Brian Morris, FUESD’s new Assistant Superintendent of Human Resources. Morris worked with the law firm while he worked for the Poway Unified School District.

The board’s report said Atkinson, Andelson, Loya, Ruud & Romo would provide legal counsel and advice as needed. The pay rate would be about the same as the other firms, $270 to $290 per hour.

Singh invited Mark Bresee, an attorney with the company, to speak to the board. He explained that his company has a strong “preventative law” emphasis. He also said it was the largest law firm serving school districts in the state, and that the district world only be charged for services it provides that was asked for by the district.

After a motion to approve the contract with Atkinson, Andelson, Loya, Ruud & Romo, Lundin called for a vote by the board. Joann Lopez and Susan Liebes voted yes, but Favela, Caron Lieber and Lundin voted no, meaning the fourth law firm won’t represent the district.

 

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