The board of supervisors this week approved contracts worth an aggregate total of $5.75 million with eight law firms to provide legal defense services for the county’s self-insured workers’ compensation program over the next three years.
Under the terms of the contract the county will pay an hourly rate of $145 for partners and senior associates, and $95 for paralegals and law clerks.
The contracts are with the firms of Bradford & Barthel, LLP; Hallett, Emerick & Wells, PLC; Kegel, Tobin & Truce, APC; the Law Offices of C. Robert Bakke; the Law Offices of Louis D. Seaman; the Law Offices of Malmquist, Fields and Camastra, ALC; Michael Sullivan & Associates, LLP; and  Morse, Giesler, Callister & Karlin, LLP, and are to run from July 1, 2013 through June 30, 2016.
According to a staff report to the board of supervisors from Hueston Whiteside, the county’s director of risk management and the county’s top in-house attorney, county counsel Jean Rene Basle, “The department of risk management has managed the county’s self-insured workers’ compensation program since 1972. During that time, risk management has contracted with outside law firms to provide legal defense for workers’ compensation claims for the county, its board-governed special districts and county service areas. Currently, two full-time deputy county counsels are assigned to manage workers’ compensation claims in-house. However, due to the large number of cases, claims must also be assigned to outside specialized workers’ compensation defense firms, which are under contract with risk management. These legal firms manage continuing, companion or reopened older cases, as well as new cases and any other claims where a conflict would exist if they were assigned to county counsel.”
The report continues, “On July 13, 2010, the board approved three year contracts with eight legal defense firms to provide legal defense of workers’ compensation claims. These contracts are scheduled to expire on July 30, 2013. On January 2, 2013, the department of risk management released the request for proposals for legal defense of workers’ compensation claims. The request for proposals was posted on the county of San Bernardino Procurement Network website (ePro), and eleven vendors submitted proposals. Staff from county counsel, purchasing, and risk management evaluated the proposals based on compliance with requirements, experience and expertise in defending public entities. The evaluation committee selected the top eight most qualified firms; and risk management successfully negotiated an hourly rate of $145 for partners & senior associates, and a rate of $95 for paralegals & law clerks. The previous hourly rates of $130 and $80 respectively, had not been increased since July of 2007. The new rates represent an increase over the previous years’ contracts of $15 per hour, in each category, or 11.5% for partners and senior associates, and 18.75% for paralegals and law clerks. The new rates and/or contracts shall be effective from July 1, 2013 through June 30, 2016, with either party able to terminate with thirty days’ written notice.”