§ 719.12. What information must be included in the Legal Management Plan?
341 words·~2 min read·
/us/cfr/t10/s§ 719.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Legal Management Plan must include the following items:
(a)A description of the contractor's in-house counsel resources at the time the Legal Management Plan is submitted, including areas of expertise and an explanation of the types of matters expected to be handled in-house.
(b)A description of the legal matters that may necessitate engagement of retained legal counsel.
(c)A description of the factors the contractor will consider in determining whether to handle a particular matter utilizing retained legal counsel.
(d)An outline of the factors the contractor must consider in selecting retained legal counsel, including:
(1)Cost;
(2)Past performance of previously retained counsel;
(3)Particular expertise in a specific area of the law;
(4)Familiarity with the Department's activity at the particular site and the prevalent issues associated with facility history and current operations;
(5)Location of retained legal counsel relative to:
(i)The site involved in the matter,
(ii)Any forum in which the matter will be processed, and
(iii)The location where a significant portion of the work will be performed;
(6)Experience as an advocate in alternative dispute resolution procedures such as mediation;
(7)Actual or potential conflicts of interest; and
(8)The means and rate of compensation (e.g., hourly billing, fixed fee, blended fees).
(e)A description of the system that the contractor will use to review each matter in litigation to determine whether and when alternative dispute resolution is appropriate.
(f)A description of the role of in-house counsel in cost management.
(g)A description of the contractor's process for review and approval of invoices for legal costs.
(h)A description of the contractor's strategy for interaction with, and supervision of, retained legal counsel.
(i)A description of the procedures the contractor will employ in order to seek timely approval from Department Counsel to settle any legal matters as required by § 719.34 of this part;
(j)A description of the contractor's strategy for keeping Department Counsel apprised of all legal matters covered by this part (e.g., regularly scheduled meetings and written communications).