EX 3-V. Jul -Dec 2£°3 ' 'flftiS. UMASS/AMHERST IIII 312066 0308 1202 3 EXECUTIVE DEPARTMENT LEGAL COUNSEL: Building a Foundation of Excellence in Government Legal Service December (July 1 - 31, 2003) EXECUTIVE DEPARTMENT LEGAL COUNSEL Table of Contents Transmittal Letter from Chief Legal Counsel 3 Statutory Authority 5 Overview of Organization 10 Improving Utilization of In-house Counsel 14 VLO (Virtual Law Office) 14 Practice Groups 17 Professional Development 20 Employee Recognition 25 Outside Counsel Utilization, FY03 to FY04, for First Two Quarters 26 Improving Outside Counsel Competition 37 Reducing Outside Counsel Fees 39 Budget Request 41 The Commonwealth of Massachusetts EXECUTIVE DEPARTMENT STATE HOUSE ROOM • 271 BOSTON, MASSACHUSETTS 02133 Tel: (617)725-4030 • Fax: (617)727-8290 MITT ROMNEY Governor KERRY HEALEY LIEUTENANTGOVERNOR March 1,2004 Daniel B. Winslow ChiefLegal Counsel William Meade J. Eric Kriss, Secretary DeputyChiefLegal <'ounscl Executive Office of Administration & Finance Judith A. Goldberg State House, Room 373 Deputy Legal ( 'ouiuel Boston, Massachusetts 02133 M Cathy Judd-Stein Deputy Legal Counsel Re: Executive Department Legal Counsel Report April Powell-Willinglum* Deputy Legal ('ounscl Dear Mr. Secretary: Jamey Tesler In accordance with G. L. c. 30, § 65, am pleased to enclose the Deputy Legal ('ounscl I first semi-annual report to the Legislature on the operations of the Cynthia L Westervelt Executive Department Legal Counsel for you to forward to the General DeputyLegal Counsel Court. The budget aspects of this report were prepared with the Sharon D. Jones assistance of the Fiscal Affairs Division as well as the Office of the ExecutiveAssistant Comptroller for which we are most grateful. Heidi L. Ebert AdministrativeAssistant The Executive agencies decreased the costs of outside counsel by 20% in the first half of fiscal year 2004 compared to the same time last year. Equally important, the new statute has encouraged improved *Admittedin California. communication and coordination with in-house counsel to begin building Massachusetts bar application the foundation to continue reducing the use of outside counsel, improve pending. competition between outside counsel to provide legal services where needed, and implement basic management tools to control legal costs. OFFICE OF THE GOVERNOR'S LEGAL COUNSEL Page 2 All of the progress described in this Report reflects the hard work, dedication and professionalism of the secretariat and agency General Counsels and Staff Counsels who comprise the Executive Department Legal Counsel organization. These lawyers truly are an asset of the Commonwealth. It is my great privilege to work with them every day. / Daniel Bf. Winslow 3overn/)r's Chief Legal Counsel EXECUTIVE DEPARTMENT LEGAL COUNSEL Statutory Authority On July 2003, the House of Representatives and Senate enacted a new 1 , statute proposed by the Senate President, G. L. c. 30, § 65, to break down barriers that existed between lawyers assigned to different agencies and to decrease the costs of outside counsel. Lawyers, unique among employees in the Executive branch, now can assist the legal needs of secretariats and agencies across agency lines. The statute provides as follows: Section 65. (a) A lawyer who is not a regular state employee or person who is compensated through the automated payroll system of the commonwealth shall not provide legal services for the commonwealth, or for any department, agency, board or commission thereof, unless and until:- (1 ) the governor's chief legal counsel certifies in writing that no state employee can provide the legal services that the lawyer is to provide; (2) a written request for the legal services that the lawyer is to provide is made publicly available for competitive bidding, in a manner provided by regulations of the state purchasing agent, and approved by the comptroller; provided, however, that this clause shall not apply if a department, agency, board or commission of the commonwealth is in a situation or condition that requires the immediate provision of legal