Selectmen opt to stay with same town attorney
Town attorney Richard Bowen was appointed to serve another year at Tuesday's Selectmen meeting.
The board is required by the Town Charter to reappoint Town Counsel every March, and decided to stick with Bowen after interviewing two other candidates last week.
Bowen charges a flat rate of $15,000 per month, or $180,000 per year. He keeps office hours and attends weekly board meetings without additional charges.
Law firm Kopelman and Paige proposed two payment options: One would have charged Wareham a fixed rate of $175 per hour. The other option would cost $8,000 per month, or $96,000 per year.
When the board pressed Kopelman and Paige about keeping office hours, representatives said they would charge $150 per hour for office hours, which would work out to another $75,000. It would cost another $25,000 to attend Selectmen's meetings, bringing the cost to $196,000.
The firm also charges for cell phone use, which would add approximately $10,000 to the bill, bring the total cost to about $206,000.
Bowen previously worked for Kopelman and Paige. He has been doing legal work for Wareham since 1989, and has been lead-counsel since 2007.
Attorney Lawrence Mayo of Norwell was also offered two payment options. One would have charged Wareham $6,000 a month, or $72,000 per year, plus $145 per hour for litigation services. The other option would be an hourly rate of $145 for all legal services.
Selectman Peter Teitelbaum expressed concern about Mayo's relative inexperience, saying he might be ready for this job in a few years, but does not have the necessary experience to handle the job presently.
Selectmen Chair Steve Homes acknowledged that the price tag may be higher for Bowen, but he believes that Bowen's weekly presence at Selectmen's meetings, as well as his practice of keeping weekly office hours at Town Hall, have helped the town avoid lawsuits.
Members of the board look to Bowen for answers during meetings when legal questions arise. According to Holmes, this also helps to move the agenda along because the board can get legal information immediately.
"If we didn't have that kind of counsel, we'd end up in litigation," said Holmes. "When it comes to something as important as legal counsel, you get what you pay for."
Last week when the board interviewed the candidates, Bowen pointed out that he has also never charged the town for litigation services.
Town Administrator Derek Sullivan noted that Bowen's availability is crucial.
"One of the big things the office hours brings to us is the face-to-face contact," said Sullivan. "Probably one of the biggest things that leads to lawsuits is miscommunication."
Wareham has faced a number of lawsuits over the years, and the board wants to ensure that the town isn't sued for things that were simply avoidable.
"What a lawyer does is keep your expenses in check," said Selectman Alan Slavin.