Amid rise in legal costs, Montreat considers putting law firm on retainer for 1st time

Amid rise in legal costs, Montreat considers putting law firm on retainer for 1st time

The town of Montreat is in conversations with the law firm Allen, Stahl, and Kilbourne to provide legal services to the town. A proposal to approve or deny these services was on the agenda for the April 11 regular session Board of Commissioners meeting, but the motion was moved to the May meeting after a discussion among board members.

Commissioner Tom Widmer said the town has never had an attorney on a retainer basis. The proposed service would cost the town a flat fee of $2,500 a month. According to a proposal by the firm in the agenda packet for the April meeting, “services outside routine services” would be charged at an hourly rate with a 20% discount and a cap of $350 per hour.

Legal Services Proposal Details

The proposal said the firm would provide the town with “legal advice in connection with general town matters,” including having an attorney present at two Board of Commissioners meetings per month. The proposal defined “general town matters” as “organization, governance and authority” as well as property rights, development, and land use regulation. These services would not include litigation, appeals, or significant ordinance drafting.

Response from Officials

Mayor Pro Tem Mason Blake called it a “very fair proposal.” Derek Allen of the firm was present at the April 11 meeting to answer questions from the Board of Commissioners. He said the firm was established in 2019 and now employs 18 attorneys.

Town Manager Savannah Parrish said in the past two years, the town has spent more than $60,000 on legal fees, which she called “outlier years.” In fiscal year 2021, the town spent approximately $42,000 in legal fees. The year before, the town spent $32,000.

Concerns and Considerations

Blake said retaining legal services should be looked at as “insurance” and having an attorney is often the “only line of defense” for a town. Widmer expressed concern about the funding for the attorney and mentioned the need to either increase income or decrease expenses to accommodate the cost.

Several commissioners, including Kitty Fouche, expressed concern about having an attorney present for Board of Adjustment meetings due to past issues. The town had a situation regarding a proposed lodge by the Mountain Retreat Association that resulted in legal proceedings.

Support for Legal Services

Mayor Tim Helms voiced support for having legal counsel available based on his experience in local government. He mentioned the benefit of having an attorney present to assist the town in various matters.

Next Steps

Ultimately, a motion was made to move the approval or denial of the proposal for legal services to the next month to further analyze the details of the proposal and its impact on the budget. The motion passed unanimously 4-0 with Commissioner Grant Dasher absent.