Select Committee on Legal Review Minutes - February 6, 2008


February 6, 2007

8:30 p.m. Town Hall

Meeting called to order at 8:30 p.m.

Committee Members Present:

Lincoln Briggs

Elayne Robertson Demby

Steven Ezzes

David Fleming

Douglas Olin

Dennis Tracey

William K. Watanabe

  1. 1. Process for Review of Closed Cases/Contracts

It was agreed that in order to prepare a work plan for the review of closed cases and contracts, the Committee would (1) request from Cohen & Wolf information regarding each legal matter handled for the Town during 2000-07; (2) interview Committee Chairs and Town employees who deal with Cohen & Wolf; and (3) accept written submissions from residents of Weston who have information regarding the performance or fees of Cohen & Wolf. It was further agreed that in performing its review, the Committee would seek to preserve the confidentiality of privileged attorney-client communications by (1) requesting the consent of the Board of Selectmen to disclosure of attorney-client privileged information to the Committee, subject to appropriate safeguards, including an agreement to maintain all such information in confidence; and (2) to the extent necessary, holding meetings in executive session in order to prevent any disclosure of attorney-client information.

2. Process for Review of Fee Structure

It was agreed that in order to prepare a work plan for the review of the Town Attorney’s fee arrangement, the Committee would obtain information concerning (1) the fee structure, billing rates, engagement letters and related information of the Town Attorney; and (2) the fee structure, billing rates and related information of similar towns in the area.

3. Ex Parte Communications

It was agreed that Committee members would not engage in substantive ex parte communications with witnesses regarding the subject of its review, and that all such communications would be received and reviewed by the entire Committee, or in such manner as the Committee directs or authorizes.

4. Engagement of Advisors

It was agreed that there is no current need to engage any outside advisors.

5. Election of Permanent Chair

A motion was made by Douglas Olin to appoint Dennis Tracey as the Permanent Chair of the Committee, which was seconded by David Fleming. All voted in favor.

Meeting adjourned 9:50 pm

Respectfully submitted,

Dennis H. Tracey, III, Chair

Approved February 28, 2008

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