West Virginia taxpayers deserve transparency,
competitive bidding and millions of dollars in cost
savings, all of which my administration delivered
with its implementation of an outside counsel policy.
The written determination outlines specific
findings as to the need for outside counsel. It also
examines the time, expertise and geographic area
involved with litigating the case.
This initiative, already responsible for saving
taxpayers more than $4.3 million since 2013,
revolutionized the process by which my office selects
private law firms to represent West Virginia whenever
such assistance is determined to be cost effective and
in the state’s best interest.
A public advertisement then appears on the
Attorney General’s Office website. The policy sets
forth wide distribution of the request to ensure broad
inclusion in the bidding process for an array of
qualified firms.
My policy immediately ended the “friends and
family plan” and set into motion a new day for West
Virginia. Its effectiveness garnered national attention
and just this session the state Legislature codified the
policy into law with passage of House Bill 4007.
The Legislature’s bipartisan support permanently
ends decades of cronyism. It blocks future attorneys
general from reverting to the days of inflated attorney
fees and little transparency, which unnecessarily cost
millions of dollars and harmed the legal reputation in
West Virginia.
One big expense cut lies with a 25-percent cap
on legal fees for the first tier of monies recovered.
Significantly, we are pushing to even lower that
amount and recently awarded a contract at a
20-percent level – all of this to spend as little as
possible on outside counsel, while still relying on
outside help when our office lacks resources or
expertise to pursue a matter.
Fewer dollars expended on outside counsel means
more money for consumers and the state of West
Virginia, which in turn eases the financial burden of
state taxpayers.
The policy utilizes a combination of transparency
and competitive bidding to end cronyism. It requires
written determination that a need exists, followed by
public advertisement and an objective review of the
proposed bids.
In certain instances, exemptions to bidding may
be appropriate, but the public will always know the
reason for such an exemption.
The bidding process ends with the attorney general
evaluating the bids based upon factors outlined in the
policy. If the received proposals prove insufficient,
the policy further outlines a process by which the
office can solicit a second round of bids.
Our policy, as now codified into law, provides a
blueprint for hiring outside counsel, but it remains
my desire to handle cases in house as much as
possible. Doing so only adds to the costs savings
realized by taxpayers
For instance, the state expended no funds
for outside counsel in its case against Frontier
Communications.
The Frontier matter settled out of court for $160
million in promised infrastructure improvements,
consumer fee reductions and payments to the
state. Handing all legal work in house easily saved
hundreds of thousands to millions of dollars, which
strengthened the settlement by ensuring consumers
realize more of its benefit.
Again, one of my top priorities is to save West
Virginia money. I believe we can accomplish this
by limiting the use of private law firms and strictly
adhering to our policy in those instances where their
assistance is required.
Together I believe these initiatives will be yet
another way to help West Virginia reach her potential.
Patrick Morrisey serves as attorney general for
West Virginia.
West Virginia Farm Bureau News 15