Changing the county attorney is a mistake

Tue, 06/26/2007 - 5:54pm
By: Letters to the ...

Let’s discuss the county attorney. There is an effort, by some, to replace our current county attorney — McNally, Fox & Grant — with an “in-house” attorney.

I am strongly opposed to weakening this important position, trying to achieve a cost saving that has not been proven to exist and may not exist at all.

Legal fees for Fayette County are generated in two ways. One way is by requests for services from the county administration, including the Board of Commissioners. We ask for the services, the attorney does not suggest them.

The other way legal services are generated is when another party sues the county (sometimes people arrested sue the county), makes legal requests of the county (an example would be for “open records”) or requires the county to perform some legal action (often these would be mandates from state and federal government).

I do not agree that the job of the county attorney is “not that complex.” Sometimes it is and sometimes it is not. I believe that a job of the county attorney is to try to not let things get too complex and to try to keep things simple but that doesn’t always happen.

If we change our practice, hire an “in-house” attorney and hire an outside attorney for the difficult items, the “real” attorney would not be at meetings and able to keep up to speed, our “real” attorney would be out of touch and we’d miss the timely comments and the astute recommendations that we need. And, we’d be paying extra for them. “Real” attorney’s fees plus the “in-house” attorney’s salary.

Services such as legal, accounting and engineering are based, or should be based, on performance. How much did the supplier of the service save you? Are you doing things so that your performance is enhanced and your risk is reduced? This is even truer when your county is dealing with your money and quality of life.

The firm we employ has recognized expertise in municipal law, in zoning, land acquisition, contracts, workers compensation and water law.

What’s been the result or our relationship? So far, most Fayette County commissions have been very tough on rezoning and have not allowed many that would create too much density in the county. Yet, the county does not get sued often because other attorneys in the state recognize our reputation and we don’t lose when sued. Does that reflect on the quality of our legal advice and services? It does to me.

The county also hasn’t lost a contractual lawsuit. The most important reason for this is that the attorney has helped to prepare the contracts and has checked them over for legality.

This firm has handled real estate negotiation and acquisition. They have handled the establishment of the Fayette County Water System. That system is one of the better performing systems in the state of Georgia. As I have pointed out before, during drought we do much better here than do many communities in Georgia.

It is probable that you don’t know this but this firm saved your county over a million dollars in utility relocation costs alone during the construction of Lake Horton.

You also probably don’t know that they managed the acquisition of antenna tower facilities for the “821” conversion for your county. This conversion was a federally mandated switch in the E911 services we all rely on for emergencies. The federal government changed the service frequencies and this required that the county obtain new equipment including new service at towers throughout the county. The attorneys managed this project for your county and with negotiation skills and knowledge; they saved your county hundreds of thousands of dollars.

These savings are NOT included in and subtracted from “legal expenses.” If they were, the amount we pay for legal services would be greatly offset. Good services can save you money. It’s usually easier, and less expensive, to keep out of trouble than it is to get out of trouble you are already in. The money saved offsets a considerable portion of our legal cost, but it isn’t accounted for and we don’t see it directly.

Independence is important. Outside service suppliers are much more free to object and to tell it like it is. We are all familiar with the concept of employees, which an in-house attorney would be, being “yes men” to those who employ them.

You get what you pay for. An attorney, willing to accept the job of an in-house attorney at the salary level this county would be capable of paying, would not be experienced or would not be very good. Otherwise, they would not need to take this job. Remember, the current attorney does not rely solely on their income from the county. An in-house attorney would.

The county administration has done some checking. They checked with other governments in Georgia about their legal expenses and how they handled their legal needs. Some are “in-house,” some outside, some with both. No “magic bullets.” No big cost savings.

Do we want to accept “that’s good enough”? Fayette County is different from most other counties; our citizens and government demand mature, professional, experienced and independent service. We have it, let’s not toss it away.

Peter Pfeifer

County Commission, Post 3

Peachtree City, Ga.

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Submitted by helpful lawyer on Wed, 06/27/2007 - 3:51pm.

Many of our smart lawyers work for downtown law firms at hourly rates of $300 and more. Large corporations pay these rates without complaining and generally feel they receive good value for their money.

But that does not mean that lawyers who choose to live and work in Fayette County are inferior lawyers. Perhaps they don’t worship the almighty Buck and prefer our saner lifestyle. For Commissioner Pfeifer to put down lawyers who would work for our county government on a full-time basis sends out the wrong signal about the kind of employer he would be.

Money isn’t everything, but it is possible to make a proper financial analysis of what the county might save from having a legal department with an in-house attorney.

Take all the legal bills incurred by the county during 2006. Go over every item in every bill, and put a check mark next to each item that could have been handled in house if the county had had an in-house attorney. Add up the fees incurred for all the checked items, and you have the total amount spent for items that could have been handled in-house. If this amount comes to $350,000 and the cost of an in-house attorney (including proper overhead) would have been $200,000, you’d have saved $150,000.

Chances are that if you could have saved $150,000 in 2006 you could do it again in 2007 and in years to come.

Hiring decisions shouldn’t be emotional issues based on feelings and friendships. They should be based on facts. In the end, the facts will speak for themselves.

Submitted by lawaboveall on Thu, 06/28/2007 - 8:19am.

I will say again that Commissioner Pfieffer did not put down the lawyers of Fayette County. Read it again if you did not get it the first time. I think there are many fine lawyers who work in Fayette County and I am sure that Mr. Pfieffer does too. But your response supports his postion rather than undercutting it.

Using your math, let's assume that a Fayette County lawyer with the same skill set as his high priced brethern up in Atlanta charges half the going rate or $150.00 per hour. Let's also say that, for the sake of this discussion, that this lawyer only bills his clients 20 hours a week. That would be 1,040 hours annually or a total of $153,000 per year. The budget is only $100k for everything. Get it?
That is a $53,000 difference and we have not even addressed the problem of hiring outside counsel for "special circumstances" which is what other counties do when their in house person cannot handle the problem.
For an in house lawyer to work for only $70k (the other $30k would be consumed in benefits) would mean that he was "billing" $33.65 per hour for a 40 hour week. Tell me this helpful lawyer, do you bill out at a rate of $33 an hour? I think that is the going rate for Pre-Paid Legal to handle a no fault divorce, not the legal issues facing growing, sophisticated county like Fayette.

Your suggestion that there be an analysis conducted to determine the actual costs savings achieved by the use of an in house attorney is valid. Unfortunatley it was not done because, in the view of Maxwell and his boys, it was not necessary. It is sufficient to stake the legal standing of the county on a "feeling" that it could be done more cheaply with an in house attorney. Of course we already know that the feeling is based on a political payoff, not any other basis in reality.

If you want to be helpful, lawyer, you should be raising cain about what is going on at the county.

ptctaxpayer's picture
Submitted by ptctaxpayer on Thu, 06/28/2007 - 10:40am.

Doubt it...McNally and Smith won't let it happen.

First of all Lawaboveall, you fail to understand overhead and taxes. A $100k job inhouse with the government, with benefits, is worth more than you think. I have a degree in accounting. Any professional service provider will have overhead of approximately 50%. It is nearly impossible for any professional to gross $150,000 with only a 1/3 overhead. Thus, the lawyer making the numbers you said privately would be getting a huge raise by going in house for $100k (plus insurance benefits and a cushy work schedule). Commission Chairman Jack Smith the CPA knows all this. All he says is “Gosh, it doesn’t look like a good idea. Let’s study it for a couple more years.”

The funny part is, this inhouse discussion is a red herring. Why don’t they just shoot out an RFP and see what they get for bids for the outhouse position of County Attorney ?

As far as a "study", didn't Eric Maxwell compile info from other counties?


Submitted by lawaboveall on Sat, 06/30/2007 - 12:14pm.

First of all PTC, McNally has no control over the outcome here.
Smith, maybe, but only if Horgan goes along with Smith and Pfieffer.
We know which way Frady will vote.

I am fully aware of the cost of overhead in running a small business.
My point, since you missed it was, that the BUDGET, you know the thing that they are supposed to adhere to, is $100k for salary, benefits,etc. TOTAL. So if you assume a BENEFIT rate of 30% (not overhead since that is absorbed by the county) that leaves only $70k for salary. To follow your logic then, we would be getting an attorney who grosses $140k for an in house attorney. My question remains..what kind of an attorney will we get for that kind of money?
And how much more money would be spent on "outside counsel" when the in house legal eagle is either too busy, too inexperienced on an issue, or does not have the staff to do the research. The answer, until somebody can show me figures to the contrary, is more than we spend now!

Maybe Jack Smith has figured it out. (Linda Wells already knew it and could articulate to anyone who cared to know) Funny how a few months of reality can change a tune. Jack was all up in arms about the cost of McNally Fox during the campaign, now, lo and behold, it is not a good idea. I hate campaign rhetoric from the ill informed. At any rate he still needs Horgan to see the light. A challenge at best.

Lastly, it is a good thing you put the word study in quotations.

The budget was set before Maxwell REQUESTED the information about other counties. They GUESSED at the amount. Do you want either your taxes spent, or personnel decisions made on a "guess" by your government? They did get the information before they voted on the budget, but since Maxwell wasn't there, who knows what the information contains. My guess, knowing Maxwell, (and I do) the information will only see the light of day if it supports his postion. If not, it will disappear just like most of his campaign promises.
The budget has now been voted on and includes a tax increase for everyone, or did that escape your attention too?

Submitted by tonto707 on Thu, 06/28/2007 - 10:58am.

head has indicated that the board will vote to retain McNally at approximately double the cost the study indicated would be required to bring on board an in house attorney. Also indicated that two commissioners have flip flopped on the issue.

Some county commissioners aren't confident enough to think for themselves and need a lawyer telling them everything to do. McNally loves it that way and encourages it.

Submitted by tonto707 on Wed, 06/27/2007 - 12:59pm.

no one knows more about being a 'yes man' than Peter Pfeifer, on the job training for the last several years.

Submitted by McDonoughDawg on Wed, 06/27/2007 - 8:51am.

I don't see the big problem with the County now. I think Pfeifer makes good points in his letter.

Exactly what are the big issues with the current attorney's handling the County business? The mere fact that they have been on the job for a while isn't excuse enough for me to want to throw them out the window. I think this really needs to be thought through.

mapleleaf's picture
Submitted by mapleleaf on Wed, 06/27/2007 - 7:33am.

Delta has a legal department. Coca-Cola has a legal department. Home Depot has a legal department. SunTrust Bank has a legal department. All large corporations have a legal department. The State of Georgia has a legal department. The City of Atlanta has a legal department. All sizeable entities, whether corporate or government, have a legal department. And they still use outside lawyers for specialized work, plenty of them.

Sooner or later, Fayette County will have a legal department. The only question (as was the case with the State Court) is when.

I regret to say that I felt only disgust when Commissioner Pfeifer suggested that the county would only be able to procure a “yes man” (or woman) with limited knowledge and experience to serve as its in-house counsel. That is a demeaning comment toward the men and women who are admitted to the practice of law in Georgia, and it reflects poorly on the county commission as a whole and its ability to select and hire quality personnel. I must admit that the commission has a very poor record with county administrators, with whom it enters into contracts providing lucrative severance, only to fire them at great expense to the taxpayers only months later.

Law firms are made up of the same kind of lawyers that a legal department could be. There are junior lawyers with less experience who are handed the easier work. Then there are progressively more experienced lawyers, and each one’s pay and hourly charge tends to reflect his or her experience. When a county’s legal work comes in, it is generally assigned, in a well managed firm, to the lawyers who can handle it properly at the least cost to the client. Not everything is handled by Mr. Big.

The reference to the Open Records Act in Commissioner Pfeifer’s letter is telling. Most of these requests are routine and not worthy of being handled by a lawyer. Yet it seems that the county and its lawyers make a mountain out of a molehill every time because the county attorney has failed to provide written guidelines other than asking for every request to be sent to him. Now who pays for such inefficiency?

Lawyers don’t walk on water. An in-house county attorney won’t walk on water any more than our outside county attorney does. But it is a reflection on Commissioner Pfeifer that he should assume he can only hire a poor-quality Yes man.

It is not unheard of for county commissioners, when they need personal legal work done, to go to the county attorney’s law firm and try to get their work done free or at a discount. There’s at least as much opportunity and temptation for an outside county attorney to be a Yes man as there might be for an in-house lawyer.

Please remember that when the county commission entered into written employment contracts with county administrators, it had the advice and assistance of the county attorney. So why did all this turn out so poorly for the county taxpayers? Either the commission does not follow good advice it gets, or it follows bad advice.

Sooner or later, the in-house attorney will come. Perhaps not enough people see the light today, but they’ll see it eventually.


Submitted by lawaboveall on Wed, 06/27/2007 - 3:45pm.

Mapleleaf,

I read your response to Peter Pfieffer's letter and I want to comment.

Whether or not Coca Cola (20,000 employees and millions of customers)
Home Depot (40,000+ employees in 1200 locations worldwide and millions of customers) or the City of Atlanta (don't get me started)have legal departments is irrelevant. There is no apples to apples comparision in any of those entities and our situation here in Fayette County. So my response to the first part...so what?

Your "disgust" with feel with Pfieffer's comment's is reflective of your failure to understand the context of his statement. He was not demeaning the quality of the legal minds here in Fayette County.
He was simply questioning the quality of the representation that we could expect from an attorney who can be had for $100,000. ($70,000.00 per year plus benefits). First remember that the attorney has to have a specialty in municipal law. Not many of those in Fayette County. They have to have enough experience to be as effective as the team that now works for McNally Fox. The field is getting smaller. They have to be willing to have all of that and work for $70k a year. Now how many qualified people fit that description. Nearly zero, and the ones that can be had you do not want. So where does that leave us?
We have an under qualified, struggling attorney, whose very livlihood is dependent on the whim of the county commission. So what is the answer? A political appointment to some attorney who helped Maxwell et al. get elected.

The Board of Commissioners is entertaining this in house attorney scenario for one reason and one reason only. Eric Maxwell promised Randall Johnson that if he helped him get elected he would eliminate all the thorns in his side including McNally Fox. Now that they engineered the elimination of the County Manager who was too watchful over the continuing shenanigans in the Sheriff's office, they are moving on to the last obstacle, the county attorney. When McNally, who has served this county impeccably for a quarter of a century is gone, there will be no one who will be willing to call these people to task.

You can expect to see more activity like the elimination of Chris Venice as the County Manager despite the great job she was doing, to put in place Jack Krakeel, who coveted the job for years. If you have any doubt how much Jack wanted this control, just look at the his first budget.

It included a tax increase (because the millage rate will NOT be rolled back for the first time in 6 years), $210.0k in additional budget for Jack's own department without any public scrutiny (by virtue of the tax increase) and another $3.4 MILLION of your tax dollars to build his new HEADQUARTERS. And by the way, he also is exploring a defined benefit plan for county employees which will burden the tax payers of this county for decades to come with additional retirement benefits paid to employees.

Did I mention that Jack supported Eric Maxwell in his election bid after the previous commission had turned down both the headquarters and defined benefit plans for 4 years running?

This is nothing but vintage "to the victors go the spoils" and the county and its' residents be damned.

zoes's picture
Submitted by zoes on Wed, 06/27/2007 - 8:24am.

"Sooner or later, the in-house attorney will come. Perhaps not enough people see the light today, but they’ll see it eventually"

That sounds like a threat. Makes me wonder who is looking out for who. (Of course, I always wonder that when big changes are made in government!)


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