Incomplete legal transfers raise concern

Jun 8, 2011

Selectman Cara Winslow voiced concern at Tuesday's Board of Selectmen meeting that a complete transfer of files has not occurred between the town’s former legal representation and it’s new representation.

She said as a result many pending cases have no attorney of record representing the town, in turn putting lawsuits at a standstill and raising concerns over the possible liability Wareham could face.

“I want to make sure we are protected in these matters,” Winslow told the board.

Winslow said she was alerted to the problem after receiving a phone call from Len Kopelman of former town counsel Kopelman and Paige on Tuesday afternoon.

In March, Wareham made the switch from Kopelman and Paige, which had represented the town for more than 20 years, to Blatman Bobrowski & Mead LLC.

Blatman Bobrowski & Mead charges an estimated $216,000 for its services, which excludes labor litigation, as the firm does not handle those types of cases.

Kopelman and Paige was asked to continue managing labor cases for the town, but declined.

Town Administrator Mark Andrews has appointed a secondary lawyer to handle those type of cases, however the attorney's name has not been added as the attorney of record yet.

Town Counsel is appointed by the Board of Selectmen. Winslow also voiced concern that the board was not involved in the selection process and has yet to meet the lawyer.

“We shouldn’t be going out and hiring attorneys,” Winslow said. “The Board of Selectmen should have the ability to meet and interview the attorney.”

Selectman Ellen Begley questioned why the call from Kopelman was not redirected to Andrews or town attorney Rich Bowen.

Board of Selectmen Chair Walter Cruz added that phone calls received by an individual selectman on these type of issues should be redirected to Andrews in the future.

Andrews said he would look into the transfers and update the Selectmen at a future meeting.

In other town business:

Town Administrator Mark Andrews told the board he appointed Elsa Miller as Director of Assessment. Andrews said Miller brings "a number of new ideas" to the department.

The search for an Assistant Director of Assessment is ongoing.