Seal Beach has had the same “city attorney” for over two decades. I put “city attorney” in quotations, because our city attorney isn’t really ours. Quinn Barrow works for a law firm. Actually he is a partner in the law firm.
And I just found out he is also going to be the full-time “city attorney” for Manhattan Beach. He is already the full-time “city attorney” for South El Monte as well.
Seal Beach pays his firm $240,000 per year as a retainer. I am not sure what the other two cities pay his firm, but if it is around the same, Mr. Barrow is pulling in about $750,000/year. Not a bad deal.
If only someone would pay each of us the equivalent of three full-time jobs. Most of us would say there are not enough hours in the week to do it. Then again, most of us are rational individuals, not those who are elected officials spending other people’s money.
However, that is not the part that I have a real problem with. My issue is that Mr. Barrow helps to make the decision as to whether our little town, with its small budget, enters lawsuits (yes ultimately it is the council that decides, but that is like an individual being ill and asking their doctor if they should have the recommended surgery, how many times do individuals ignore their doctor’s advice especially after paying up front for it) and then his firm is the one that handles the litigation portion. Yes, people, this is like having the fox guard the henhouse and then rewarding the fox with more hens!
I personally have never agreed with the legal advice I have seen Mr. Barrow provide publicly to the counsel. Also, it is my understanding that his firm has virtually lost every case our city has litigated (again this is my personal understanding, I don’t have statistics on this).
Yet, year after year, our council votes to renew his contract. I believe this is based upon the devil you know is better than the devil you don’t philosophy, which I profess must be that by which all mediocre individuals must govern their lives. So over the past few years, Seal Beach has paid Mr. Barrow’s firm millions of dollars in fees (the $240,000 retainer doesn’t include litigation).
No one on the council or city staff knows if the hours billed are accurate, as no one is an attorney. No one knows how long it takes to prepare for a deposition, or draft a demurrer or a motion for summary judgment, etc. Think of it as your IT person at your office or your auto mechanic. How do you know how long it takes to back up and change out the server or to overhaul the transmission? You just “hope” for the best.
Well, in this case we are stuck “hoping” for the best. Unfortunately, not only are we simply, blindly paying, we don’t seem to be winning the cases! The city needs an advocate to provide unbiased advice, and to monitor and keep in check litigation billings.
It is time Seal Beach separate the city attorney function from the litigation function.
As Mr. Barrow takes on Manhattan Beach full-time, it is time that our council vote to get bids for a new city attorney, either as a staff member or outsourced.
Supposedly studies have been done (I don’t know how old these studies are) that outsourcing the city attorney function is cheaper than having an employee.
At least the employee would not have three full-time jobs, and would be providing oversight on the litigation and not profiting from entering lawsuits!
There is absolutely no way for the city attorney to ethically recommend litigation and then personally benefit from the city’s litigation by using the same firm he or she is a shareholder in!
If you support separating the two functions, please email, call, or write your councilperson or attend a council meeting, and express your desire to usher in the logical, prudent era of legal representation in the city, and separate the functions finally!
Scott L. Levitt, Esq., works for Levitt Law, A Professional Corporation, Seal Beach.
