Samson: Municipalities may now benefit from remote legal expertise

Budget time is one of the most difficult times for town boards. For 30 years, I have represented town boards and have witnessed firsthand the difficulties in preparing budgets with the uncertainties of what the legal fees would be for the coming year. 

Years ago, I recognized the uncertainty of forecasting legal fees, and the town’s need for certainty.  I approached several communities that I was representing and explored the possibility of providing them with legal representation for a flat monthly fee or retainer. At that time, I had 20+ years of monthly billings for multiple municipal clients so I could accurately predict a 12-month average, not including litigation.

This worked out well. It evened out the highs and lows for both the client and the attorney. For the attorney there was a certainty of a regular monthly income for months when there may not have been as much work, and for the town there was a cap on monthly fees when the workload exceeded the cap. Typical services provided included attending board meetings, special meetings, planning commission meetings, staff meetings and being available to answer trustee or staff questions literally 24/7. It also included preparation of resolutions, ordinances, negotiating with developers, preparing and reviewing contracts and updating development agreements.

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This solution has a broader application for rural communities.  While specialized legal representation is a necessity for all municipalities, it is not always attainable or affordable. Local attorneys may not have had the time or inclination to specialize in municipal law. Travel and inclimate weather limit Front Range municipal attorneys from pursuing municipal representation in more rural areas.   Now, however, rural communities can access decades of legal experience remotely, gaining access to years of municipal legal expertise in a virtual format.

Recently, with COVID, it has been necessary for municipalities to enact emergency resolutions to comply with state emergency orders so that trustees may attend meetings remotely, including quasi-judicial hearings, liquor license hearings and executive sessions. Attorneys may attend virtually as well, thus reducing legal fees and negating travel time. This will provide an innovative way for towns to access the expertise and knowledge they desire without the cumbersome fees they may have faced in the past.

Rick Samson is the principal of The Samson Law Firm P.C., Longmont.