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CHAPTER
10
ATTORNEY RETENTION
Sec
1
10-1 ATTORNEY
RETENTION. The following
constitutes the DuPage Airport Authority's ("Authority")
policies and procedures regarding retaining and working with attorney
10-2
PURPOSE OF POLICY. From
time to time, it will be necessary for the Authority to retain counsel for
purposes such as receiving advice and/or representing its interests in a
variety of forums. The Authority believes that it is advantageous to utilize
attorneys on an on-going basis so that familiarity with the Authority's
needs, wishes and desires can be achieved.
This policy is designed to promote and encourage the prospect of
long-term, mutually beneficial relationships between the Authority and the
attorneys that successfully perform on its behalf
10-3
APPROVED ATTORNEY LIST.
The Authority's Board ("Board") will approve a list of
attorneys and/or firms from time to time ("Approved List").
When there is a need for legal work, the Chairman or the Executive
Director will assign the work to one of the attorneys on the Approved List
in accordance with this policy. No
Commissioner may assign legal work without Chairman or Board approval.
It is not the intent of this policy to prohibit a commissioner from
conversing with an Authority Attorney about any matters in which they are
currently engaged
10-4
COMMUNICATING WITH THE AUTHORITY.
In every legal matter affecting the Authority, the Authority as a
whole has the ultimate responsibility for managing the matter and making
critical decisions. However, because of the Board's meeting schedule and the need
for making timely decisions on certain legal matters, it is necessary to
delegate such management to the Executive Director.
The Executive Director will be primarily responsible for
communicating with the Authority's attorneys and, when necessary, will
bring issues to the Chairman and/or Board for consideration or direction. The Executive Director may invite the Authority’s
attorney(s) for direct presentation to the Board.
10-5
LITIGATION
10-5-1 Litigation Strategy.
Litigation strategy should be developed as early in a lawsuit as
possible and continually updated as necessary thereafter.
In general, all strategy decisions should be discussed with the
Board. Each attorney should provide notice to the Executive Director prior
to engaging in any of the following activities
Q
preparing
dispositive motions
Q
preparing a counter
or cross claim or bringing claims against new parties
Q
removing an action
to federal court or preparing a motion for change of venues
Q
selecting or
retaining expert witnesses and/or consultants; and
Q
preparing post-trial
motions
10-5-2
Attorneys to Update Board.
For each litigation matter assigned, the attorney shall provide the
Executive Director with frequent updates or upon the occurrence of
significant events warranting notice to the Authority.
In the event of major litigation, a sub-committee of the Board may
be established to provide timely input into the process.
10-6
EXPENSES
10-6-1
Itemization Required.
Subject to the following, the Authority will pay for separately
itemized expenses customarily charged by law firms, however, in no event
will the Authority pay in excess of the actual cost incurred by the firm
for the expense. In all
instances, expenses for experts, consultants or other costs must be
pre-approved. The
Authority expects that hourly rates for attorneys will incorporate all
overhead and internal charges associated with a firm's practice such as
administration, accounting, library, word processing or other clerical
time.
10-6-2
Incidental Expenses.
It is the Authority's policy that any significant document
reproduction be pre-approved except in emergencies where time does not
permit. As a general rule,
the Authority expects to pay no more than ten cents per copy.
The Authority will pay for messenger or overnight mail services
provided that such services are necessary.
The Authority expects that such services will only be used in
exceptional circumstances that could not have been avoided by advance
planning. In the event
an attorney is required to travel out of town in connection with work
being performed for the Authority, the Authority will pay expenses
pursuant to the Authority’s adopted travel policy.
10-7 BILLING STATEMENTS
10-7-1
Monthly Billing.
Billing for legal services should be sent on a monthly basis to the
Executive Director. Bills
should be submitted within thirty (30) days after the end of the month in
which the services were performed or the expenses incurred.
Any bills for legal services must contain the following
information:
Q
a separate statement
or section for each matter an attorney handles for the Authority
Q
the name, status,
and billing rate of each professional
Q
a detailed
description of the type of work being performed by each individual and the
amount of time expended to complete each task
Q
a total charge for
each matter for the billing period and the cumulative totals for the
matter being billed; and
Q
an itemized listing
of all disbursements/expenses and their associated costs, including the
date the expense was incurred with copies of supporting receipts or
invoices.
CHAPTER
10
ATTORNEY RETENTION
Sec.
1
10-1 ATTORNEY
RETENTION. The following
constitutes the DuPage Airport Authority's ("Authority")
policies and procedures regarding retaining and working with attorneys.
10-2
PURPOSE OF POLICY. From
time to time, it will be necessary for the Authority to retain counsel for
purposes such as receiving advice and/or representing its interests in a
variety of forums. The Authority believes that it is advantageous to utilize
attorneys on an on-going basis so that familiarity with the Authority's
needs, wishes and desires can be achieved.
This policy is designed to promote and encourage the prospect of
long-term, mutually beneficial relationships between the Authority and the
attorneys that successfully perform on its behalf.
10-3
APPROVED ATTORNEY LIST.
The Authority's Board ("Board") will approve a list of
attorneys and/or firms from time to time ("Approved List").
When there is a need for legal work, the Chairman or the Executive
Director will assign the work to one of the attorneys on the Approved List
in accordance with this policy. No
Commissioner may assign legal work without Chairman or Board approval.
It is not the intent of this policy to prohibit a commissioner from
conversing with an Authority Attorney about any matters in which they are
currently engaged.
10-4
COMMUNICATING WITH THE AUTHORITY.
In every legal matter affecting the Authority, the Authority as a
whole has the ultimate responsibility for managing the matter and making
critical decisions. However, because of the Board's meeting schedule and the need
for making timely decisions on certain legal matters, it is necessary to
delegate such management to the Executive Director.
The Executive Director will be primarily responsible for
communicating with the Authority's attorneys and, when necessary, will
bring issues to the Chairman and/or Board for consideration or direction. The Executive Director may invite the Authority’s
attorney(s) for direct presentation to the Board.
10-5
LITIGATION
10-5-1 Litigation Strategy.
Litigation strategy should be developed as early in a lawsuit as
possible and continually updated as necessary thereafter.
In general, all strategy decisions should be discussed with the
Board. Each attorney should provide notice to the Executive Director prior
to engaging in any of the following activities:
Q
preparing
dispositive motions;
Q
preparing a counter
or cross claim or bringing claims against new parties;
Q
removing an action
to federal court or preparing a motion for change of venue
Q
selecting or
retaining expert witnesses and/or consultants; and
Q
preparing post-trial
motions.
10-5-2
Attorneys to Update Board.
For each litigation matter assigned, the attorney shall provide the
Executive Director with frequent updates or upon the occurrence of
significant events warranting notice to the Authority.
In the event of major litigation, a sub-committee of the Board may
be established to provide timely input into the process.
10-6
EXPENSES
10-6-1
Itemization Required.
Subject to the following, the Authority will pay for separately
itemized expenses customarily charged by law firms, however, in no event
will the Authority pay in excess of the actual cost incurred by the firm
for the expense. In all
instances, expenses for experts, consultants or other costs must be
pre-approved. The
Authority expects that hourly rates for attorneys will incorporate all
overhead and internal charges associated with a firm's practice such as
administration, accounting, library, word processing or other clerical
time.
10-6-2
Incidental Expenses.
It is the Authority's policy that any significant document
reproduction be pre-approved except in emergencies where time does not
permit. As a general rule,
the Authority expects to pay no more than ten cents per copy.
The Authority will pay for messenger or overnight mail services
provided that such services are necessary.
The Authority expects that such services will only be used in
exceptional circumstances that could not have been avoided by advance
planning. In the event
an attorney is required to travel out of town in connection with work
being performed for the Authority, the Authority will pay expenses
pursuant to the Authority’s adopted travel policy.
10-7 BILLING STATEMENTS
10-7-1
Monthly Billing.
Billing for legal services should be sent on a monthly basis to the
Executive Director. Bills
should be submitted within thirty (30) days after the end of the month in
which the services were performed or the expenses incurred.
Any bills for legal services must contain the following
information:
Q
a separate statement
or section for each matter an attorney handles for the Authority;
Q
the name, status,
and billing rate of each professional;
Q
a detailed
description of the type of work being performed by each individual and the
amount of time expended to complete each task;
Q
a total charge for
each matter for the billing period and the cumulative totals for the
matter being billed; and
Q
an itemized listing
of all disbursements/expenses and their associated costs, including the
date the expense was incurred with copies of supporting receipts or
invoices.
10-7-2
Billing Increments.
The Authority will not accept billing in increments greater than
ten (10) minutes.
10-8
SPECIAL SERVICES.
This policy may be waived in certain circumstances in which a
contractual relationship is established including but not limited to bond
issues. |
