* McNally could be ousted as county attorney

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Fayette | News | Videos

McNally could be ousted as county attorney

Tue, 05/22/2007 - 5:24pm

By: John Thompson

The future of the law firm of Bill McNally as the county’s attorney could soon be settled as the county begins looking at the process of hiring an in-house attorney.

During budget discussions Monday afternoon, County Commissioner Eric Maxwell said the county paid approximately $624,000 in legal fees during 2006.

“We can do better than we’re doing and save a lot of money,” Maxwell said.

Maxwell said nearly 50 percent of the fees went to McNally’s law firm and the legal fees contract has never been put out for a competitive bid.

Maxwell believes an in-house attorney could be had for just over $100,000, which could save the county hundreds of thousands of dollars. He remarked that less than 10 percent of the legal services involved litigation, and a separate attorney would probably still be needed to handle the litigation.

“I also believe this can be done without any administrative support. A relatively inexperienced in-house attorney can do this job,” he said.

Commissioner Herb Frady agreed with Maxwell.

“We have $455,000 budgeted for this year. I believe we can save more money than you’re projecting,” he said.

Frady added his impressions were not a reflection of McNally’s competence.

“He’s a friend of mine. I’ve known him for more than 20 years,” Frady said.

But Commission Chairman Jack Smith was not totally convinced.

“You have experts in various fields at an outside firm. I think it’s going to cost more than $100,000. I don’t think the savings will be that great,” he said.

Smith said some research needed to be done to determine the true cost of an in-house attorney. Commissioner Peter Pfeifer also said he needed more information before he could make a decision.
“We have asked him (McNally) to go out and do these things. We get on-call benefits. The money that an attorney saves you is the most important thing,” he said.

The County Commission instructed interim County Administrator to do some research on the issue and bring a report back to the county in June. The County Commission would like to make a decision on the issue before it approves the 2008 budget at the end of June.

Honesty

Submitted by pentapenguin on Wed, 05/30/2007 - 6:17pm.

As my mom always told me, "If you don't have anything to hide, don't act suspicious!" If McNally doesn't have anything to hide, why the secrecy? This just doesn't pass the "smell test."

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Tip Of The Iceberg.... ?

Submitted by 30YearResident on Fri, 05/25/2007 - 7:39am.

In my humble opinion, $624,000 in legal fees during 2006 is only the tip of the iceberg on total monies paid to Mr. McNallys lawfirm.
I believe that if seriously "dug into" for other services, there would be more. BUT, I could be wrong... just my opinion.

I believe a lot of "busy work" is generated to increase billing as well. This is especially done by Mr. Davenport's "opinions" and interruptations of state laws. Although it appears that not all 169 counties in Georgia have the same interruptions of the same laws.

Thanks Eric...

It's about time folks started questioning the way things are done within the county. Maybe "business as usual" needs to be altered. While you're at it, you may want to look into the practices of the county purchasing department.

Agree with 30Year: County Attorney needs to go

Submitted by fay79isus on Mon, 06/11/2007 - 7:57pm.

That $624k is in fact low. McNally has been running this county making millions by protecting his favorites. I hope Eric keeps on it. We are having budget problems galore what with our losing tax revenues from PTC just this week. Why no competition? Why not use three different lawyers? Something is rotten in Denmark.

If this is the Tip of the Iceberg...

Submitted by abeautifulday4us on Fri, 05/25/2007 - 7:18pm.

If this is the Tip of the Iceberg, 30Year, then we taxpayers are sailing along on the Titanic. If the Commission could allow this level of shameful waste with one contractor over all these years, logic says that this is a big system wide problem

Attorney fees think again

Submitted by swmbo on Wed, 05/23/2007 - 11:19pm.

There was an article on attorney fees in an Atlanta paper that showed firms up there billing $400 per hour. Those lawyers are paid to be on call to their clients 24 hours a day, seven days a week. No lawyer worth their salt is going to work for this county for 100 G's per year and be on call. Idiots and political patrons, however, can be had cheaply (and will ultimately cost us a whole lot more for their incompetence).

For those who dislike McNally, this sounds tempting but think again. It won't be as cheap as you think it will.

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If you and I are always in agreement, one of us is likely armed and dangerous.

Attorneys fees think again?

Submitted by ptctaxpayer on Thu, 05/24/2007 - 12:34pm.

Attorneys fees think again? How about starting any kind of thought.
So you read one article about lawyers in Atlanta charging $400 hour and you are inclined to just give up and let the lawyers have your check book. Why don't we do what large corporations do---- send out a Request for Proposals and see what we get ? Why are you lawyers opposed to that? I don't understand. Frady is right. He said that McNally is his friend--- let's just look at the possibility of cost savings. Prove to me that it WON'T be cheaper.

ptctaxpayer, its never wrong to ask

Submitted by swmbo on Fri, 05/25/2007 - 10:29pm.

How about starting any kind of thought.
So you read one article about lawyers in Atlanta charging $400 hour and you are inclined to just give up and let the lawyers have your check book.

You misunderstand me. It's never wrong to ask the question but, based on market rates, I have a feeling it isn't going to be cheaper. Remember that when you take in a lawyer, you have to replace his income at a reasonable enough rate that 1) he can afford to have you as his one and only client and 2) you will attract the smart lawyers. I mean, you can get one of those billboard lawyers on the cheap (Bankruptcies $500, Divorce $250, DUI $750) but sometimes, you really do get what you pay for.

By all means, ask the question but be prepared for the possibility that it could cost more.

-------------------------------
If you and I are always in agreement, one of us is likely armed and dangerous.

If this were so...

Submitted by IMNSHO on Sat, 05/26/2007 - 6:58am.

...we would have no government attorneys. There ARE attorneys out there willing to make less money to work in a government position. Think of all the District Attorneys and Assistant District Attorneys, and county solicitors, etc. So I don't think your "feeling" holds water.

swmbo: town and county attorneys

Submitted by dollaradayandfound on Thu, 05/24/2007 - 4:26am.

If some Mayors can work for nothing and cops can work for peanuts, why can't the cities and counties get at least most of their advice from judges already paid?

$, town and county attorneys

Submitted by swmbo on Fri, 05/25/2007 - 10:32pm.

why can't the cities and counties get at least most of their advice from judges already paid?

The reason that won't work is that it's a conflict of interest for the judges. The commissioners set the judges' salaries and, if the county has to sue someone, they'd have to go to the courts where the judges they pay preside.

-------------------------------
If you and I are always in agreement, one of us is likely armed and dangerous.

Great Move Eric!!

Submitted by wheeljc on Wed, 05/23/2007 - 9:06am.

Brilliant!!

Question: has any effort ever been made to ascertain what billing hours for the law firm were made as a direct spin off from the County 'association'? Guess the real question is going to be, will the law firm now get smaller due to the source being turned off??? Suppose that will give the citizens at least an idea of what they were 'paying for'!!!

It's a well known

Submitted by tonto707 on Wed, 05/23/2007 - 9:05am.

fact that commission chariman Jack Smith has a long standing relationship with McNally and that he voted on McNally's side on whether or not to dismiss the pending lawsuits against the sheriff.

None of that is a surprise. But it may surprise some of you to know that the interim county administrator too has been associated with
McNally for many years, via the Rotary Club. That generally always adds up to 'friendships' and 'allegiances' that make the county administrator impartial in studying whether an in house attorney is better for the county.

Hopefully, Jack Krakeel will suggest that someone else conduct the study, just to ensure that neither 'friendship' or 'politics' come into play.

McNally Chamber Conflict of Interest ???

Submitted by tortugaocho on Wed, 05/23/2007 - 8:12pm.

First, let's get one thing straight. Kingpin is not number 2 to Randall. Kingpin is the most powerful politician in Fayette. They take bids for a box of pencils but not for millions in lawyers fees.

As Herb said, let's look at the money issue. The Commission knew the legal bills were an issue and they have had 6 months to "study" the issue. We're talking millions of dollars here and the County budget people indicate that a six figure savings in lawyer fees could be very, very well-timed. (“Further budget adjustments may be necessary in order for the county to balance this year’s budget and to minimize the need for present and future cash depletion”) SEE BUDGET DIRECTOR’S FIVE ALARM WARNING

So why are some so reluctant to question McNally? Might just be that Chamber connection. Strange coincidence that McNally's junior county lawyer, Little Denny, is Chairman of the Chamber of Commerce. MCNALLY JUNIOR LAWYER IN BED WITH CHAMBER OF COMMERCE/DEVELOPER CROWD

Looks like the same good ole boy routine.

BUDGET LINK:

Submitted by tortugaocho on Wed, 05/23/2007 - 8:53pm.

BUDGET LINK: www.thecitizen.com/node/17128

CHAMBER LINK: http://www.fayettechamber.org/leadership.htm

Lawyer Fees for County and Cities

Submitted by dollaradayandfound on Wed, 05/23/2007 - 8:50pm.

Add em all up. My, what a figure.
If we didn't owe so much money for bonds, etc., and didn't need to borrow more constantly, what would we need lawyers for in the government here?
Law suits, maybe, huh? They never go to court anyway, and if they did juries would be cheaper than lawyers.
It is a racket, generated over the years, to lawyerize us to death.
Not the lawyer's fault, it is the inept people we elect and hire to run our government here. It is the easy and safe way.

Eric Maxwell--- Like FDR or Lincoln ?

Submitted by cogitoergofay on Wed, 05/23/2007 - 8:04am.

Admittedly this comparison is hyberbolic but I do think that Eric Maxwell has shown some leadership. Without getting into the specific issue, I wonder if what we are seeing is an emergence of new leadership.

We have recently blogged about the rankings of Presidents. Historians seem to agree almost unanimously that great Presidents are those that had an extraordinary challenge and rose to occasion to lead America to a successful solution, understanding keenly what America wanted and needed.

Mr. Maxwell ran for Commission suggesting at least 2 points: (1) that the then existing litigation was bad for law enforcement and (2) we are wasting tax dollars, specifically in the area of lawyers fees.

Apparently Mr. Maxwell understood what the voters were thinking. Now that he has been in office less than six months he is trying to solve these problems. He appears to have understood the problems, understood what the people wanted and is taking steps to solve them.

OK, Eric, you may not be a Washington or a Truman but your uncle may not have been too far off about you running for Congress.

Maxwell

Submitted by Flydecajon on Wed, 05/23/2007 - 1:14pm.

The best thing this County has done in years is put Eric in office!!!!!He is out for the best for this county...

How about US Representative???

Submitted by wheeljc on Wed, 05/23/2007 - 6:43pm.

He has the smarts and right instincts to make us proud in the US Congress. A bit disconcerting to see and hear Steven Colbert making making a joke of the lack of knowledge of the present rep.

Benefits of in-house counsel

Submitted by helpful lawyer on Wed, 05/23/2007 - 7:32am.

Do we see a doctor only when we hurt? Of course not. We all now recognize the benefits of preventive medicine, and that’s why we get check-ups, vaccines and flu shots.

There is such a thing as preventive legal care, and one of the greatest benefits I see to our having a county government in-house legal counsel is the ability of an inside lawyer to engage in preventive law. Instead of waiting for a problem to develop and then trying to solve it, trying to keep the problem from arising in the first place is quite often much more economical and, frankly, more conducive to a pleasing outcome.

If an outside lawyer did work without being asked and then billed for it, he’d be in trouble. A really good inside lawyer does preventive legal work without being asked. Many areas in government cry out for legal assistance, including especially the personnel function, because employees have so many legal rights that must be respected.

Instead of waiting in his office to be asked to resolve legal problems, an enterprising in-house counsel could develop initiatives to keep the county out of legal trouble, and perhaps look for ways to qualify for more federal and state government grants that can keep our local taxes lower.

Thus any debate about hiring in-house counsel should not be cast as a repudiation of the county’s current attorney. He most likely did the best he could in the circumstances he was in, and nobody could blame him for preferring to work within a legal firm with many clients. A smooth professional transition ought to take place when Fayette gets its first in-house counsel.

It is true that the county will continue to need specialized legal assistance in certain areas, and an in-house counsel is best positioned to coordinate and supervise the outside work that will need to be done. In litigated matters, in-house counsel could help identify issues, do research, locate documents or prepare county witnesses, and all of that would make outside counsel more effective and less expensive.

If people would look at lawyers in a more positive light and try to use their services in a constructive way, we would make progress. It is good that the county commission is finally looking at better options for our growing county. Let’s not use this as an opportunity to dump on the county attorney.

In house attorney a good move for county employees

Submitted by IMNSHO on Wed, 05/23/2007 - 11:13am.

Many areas in government cry out for legal assistance, including especially the personnel function, because employees have so many legal rights that must be respected

Including the right to get paid for the time they work (if they are hourly employees), and to not have their time clocks altered by the administration. Yep, there is at least one group of employees in the county who would definitely benefit from having someone looking out for their rights.

Lawyers in house?

Submitted by dollaradayandfound on Wed, 05/23/2007 - 2:35pm.

What on earth goes on at county offices that a lawyer needs to be there every day?
Don't they have reliable supervisors?

Don't need In-house lawyer for this

Submitted by bad_ptc on Wed, 05/23/2007 - 11:30am.

Just file an EEO complaint with the state.

For something like what you've described, you wouldn't want to be talking with the In-House attorney at all.

Hmmm... now on second thought

Submitted by IMNSHO on Wed, 05/23/2007 - 1:02pm.

I can see your point. I can't comment on whether a complaint is or has been filed, but I agree with you that it should be.

I guess I was thinking that if an in-house attorney saw that kind of thing going on, he could advise those in charge that they are putting themselves at risk of an EEO complaint or a lawsuit.

Example of why you DON'T talk with In-House lawyer

Submitted by bad_ptc on Wed, 05/23/2007 - 12:04pm.

Town fires 4 employees for gossiping about boss

See what/where it will get you?

Chamber/Developer Authority Crowd are circling the wagons

Submitted by KraftyFla on Wed, 05/23/2007 - 9:05am.

The Chamber/Developer Authority Crowd are circling the wagons for ole Kingpin McNally. Incredible that it has taken this long to even figure out how much money Kingpin McNally has been siphoning out of the county treasury for years. Commissioner Grace Caldwell tried to calculate it and put out the fire but the good ole boys stonewalled her. How can people like Dan Lakly call themselves fiscal conservatives and they never made McNally compete with competitive bids?

Helpful lawyer is right. This in-house job would be a great one. They would get tons of applications. Many governments like Fayette are getting top notch talent because they offer lawyers benefits, a controlled schedule and a family type job environment. You will need to hire outside specialists, yes, but for the day-to-day stuff, the county treasury has been getting milked.

Wanna know how you can save over a hundred thousand right off the bat? Get an in house lawyer BEFORE Lake McIntosh is built. Otherwise, McNally will suck six figures off of the bond, which no one will see. A County Attorney could do that as part of the salary. Most of the bond work is done by real lawyers in Atlanta anyway.

Time for this gravy train to end.

Bob Krafty

Submitted by Git Real on Wed, 05/23/2007 - 9:10am.

Sometimes you prove that you're not the nut case you really are. Smiling

________

"That man was Griffin Judicial Circuit District Attorney Scott Ballard".

CLICK HERE FOR THE REST OF THE STORY

There is such a thing as...

Submitted by Git Real on Wed, 05/23/2007 - 8:59am.

There is such a thing as preventive legal care

Thank you! Outstanding point. As long as this person does not cripple employee productivity with compliance issues.

It is true that the county will continue to need specialized legal assistance

Correct

If people would look at lawyers in a more positive light

Gotta part ways on this one with you Helpful. Most lawyers need to earn the right to viewed in a positive light. A few have.

________

"That man was Griffin Judicial Circuit District Attorney Scott Ballard".

CLICK HERE FOR THE REST OF THE STORY

King Pin McNally

Submitted by Git Real on Tue, 05/22/2007 - 11:18pm.

Boss Hogg Is Going Dooowwwwnnnnn!

Is he finally going down? It's about time. The "Sixth Commissioners" position is possibly being eliminated. This needed to happen a long time ago. Thanks for the many years service Bill. See ya! Now go earn a real living.

$455,000 budgeted. So that's the number they've been able to keep secret all of these years. Yup.... I see some mucho fat that needs trimming.

Hey Jack Smith. Wake yo butt up!!! We elected you to eliminate much of the cronyism that takes place in the county. What the heck dude? Are you becoming the Westmoreland of county commissioners?

Please don't make me regret that vote. Oh well. At least fountain girl is gone.

Hey Peter..... Losing your lone friend? Ok..I'll behave myself and go to my corner and sit

________

"That man was Griffin Judicial Circuit District Attorney Scott Ballard".

CLICK HERE FOR THE REST OF THE STORY

King Pin not decrowned yet

Submitted by fairplayer on Wed, 05/23/2007 - 8:53am.

This guy is arguably the second strongest politician in Fayette over the last 10+ years. I hope he goes but it will take holding these guys feet to the fire.

Go to any city/county in any of the four directions from Fayette and you can find a legal expense item in the budget. Not with Bill and Co. No one knows exactly what he had billed Fayette the last several years.

It may say something about his abiility to judge whether a case is "winnable" when the four out of five cases he pursued were lost with the fifth being dismissed.

Plus there are percentage fees he may be getting from the underwriter's of every bond issue floated in this county for the past 10 years.

Time for openness in county finance!

Mr. Fair Player

Submitted by Git Real on Wed, 05/23/2007 - 9:05am.

I couldn't disagree with you on what you said if I tried. Unless,of course, I got a piece of the percentage fees on those bonds. Eye-wink Just kidding. With the Citizen Crowd I'd be exposed and ripped to shreds. And that would be a good thing.

________

"That man was Griffin Judicial Circuit District Attorney Scott Ballard".

CLICK HERE FOR THE REST OF THE STORY

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McNally could be ousted as county attorney

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