San Bernardino header
File #: 3443   
Type: Consent Status: Passed
File created: 12/21/2020 Department: Risk Management
On agenda: 1/5/2021 Final action: 1/5/2021
Subject: v Contracts for Public Liability Attorney Services
Attachments: 1. CON-DRM-01-05-2021-Public Liability Attorney-Alvarez-Glasman & Colvin, 2. CON-DRM-01-05-2021-Public Liability Attorney-Arias & Lockwood PLC, 3. CON-DRM-01-05-2021-Public Liability Attorney-Bergman, Dacey, Goldsmith, PLC, 4. CON-DRM-01-05-2021-Public Liability Attorney-Berman, Berman, Berman, Schneider & Lowary, LLP, 5. CON-DRM-01-05-2021-Public Liability Attorney-Burke, Williams & Sorensen, LLP, 6. CON-DRM-01-05-2021-Public Liability Attorney-Cole Huber, LLP, 7. CON-DRM-01-05-2021-Public Liability Attorney-Collins, Collins, Muir & Stewart, LLP, 8. CON-DRM-01-05-2021-Public Liability Attorney-Cummings, McClorey, Davis, Acho & Associates, PC, 9. CON-DRM-01-05-2021-Public Liability Attorney-Dolen, Tucker, Tierney & Abraham, PLC, 10. CON-DRM-01-05-2021-Public Liability Attorney-Dummit, Buchholz & Trapp, 11. CON-DRM-01-05-2021-Public Liability Attorney-Elizabeth M. Kessel, Inc. DBA Kessel & Megrabyan, 12. CON-DRM-01-05-2021-Public Liability Attorney-Fagen, Friedman & Fulfrost, LLP, 13. CON-DRM-01-05-2021-Public Liability Attorney-Graves & King, LLP, 14. CON-DRM-01-05-2021-Public Liability Attorney-Gutierrez, Preciado & House, LLP, 15. CON-DRM-01-05-2021-Public Liability Attorney-Jeffery W. Grass, PC DBA Davis, Grass, Goldenstein & Finlay, 16. CON-DRM-01-05-2021-Public Liability Attorney-LaFollette, Johnson, DeHass, Fesler & Ames, PC, 17. CON-DRM-01-05-2021-Public Liability Attorney-Law Offices of Pelayes & Yu, APC, 18. CON-DRM-01-05-2021-Public Liability Attorney-Lawrence, Beach, Allen & Choi, PC, 19. CON-DRM-01-05-2021-Public Liability Attorney-Lewis, Brisbois, Bisgaard & Smith, LLP, 20. CON-DRM-01-05-2021-Public Liability Attorney-Lynberg & Watkins, APC, 21. CON-DRM-01-05-2021-Public Liability Attorney-Manning & Kass, Ellroad, Ramirez, Trester, LLP, 22. CON-DRM-01-05-2021-Public Liability Attorney-Premier Law, PC, 23. CON-DRM-01-05-2021-Public Liability Attorney-Richard D. Jones, PLC, DBA Jones & Mayer, 24. CON-DRM-01-05-2021-Public Liability Attorney-Rinos & Martin, LLP, 25. CON-DRM-01-05-2021-Public Liability Attorney-Silver & Wright, LLP, 26. CON-DRM-01-05-2021-Public Liability Attorney-Skane, Mills, LLP, 27. CON-DRM-01-05-2021-Public Liability Attorney-Sloan, Sakai, Yeung & Wong, LLP, 28. CON-DRM-01-05-2021-Public Liability Attorney-Slovak, Baron, Empey, Murphy & Pinkney, LLP, 29. CON-DRM-01-05-2021-Public Liability Attorney-Smith Law Offices, LLP, 30. CON-DRM-01-05-2021-Public Liability Attorney-Thompson & Colegate, LLP, 31. CON-DRM-01-05-2021-Public Liability Attorney-Wagner, Zemming, Christensen, LLP, 32. CON-DRM-01-05-2021-Public Liability Attorney-Walker & Mann, LLP, 33. CON-DRM-01-05-2021-Public Liability Attorney-Wesierski & Zurek, LLP, 34. Item #39 Executed BAI, 35. 21-13 Executed Contract, 36. 21-14 Executed Contract, 37. 21-15 Executed Contract, 38. 21-16 Executed Contract, 39. 21-17 Executed Contract, 40. 21-18 Executed Contract, 41. 21-19 Executed Contract, 42. 21-20 Executed Contract, 43. 21-21 Executed Contract, 44. 21-22 Executed Contract, 45. 21-23 Executed Contract, 46. 21-24 Executed Contract, 47. 21-25 Executed Contract, 48. 21-26 Executed Contract, 49. 21-27 Executed Contract, 50. 21-28 Executed Contract, 51. 21-29 Executed Contract, 52. 21-30 Executed Contract, 53. 21-31 Executed Contract, 54. 21-32 Executed Contract, 55. 21-33 Executed Contract, 56. 21-34 Executed Contract, 57. 21-35 Executed Contract, 58. 21-36 Executed Contract, 59. 21-37 Executed Contract, 60. 21-38 Executed Contract, 61. 21-39 Executed Contract, 62. 21-40 Executed Contract, 63. 21-41 Executed Contract, 64. 21-42 Executed Contract, 65. 21-43 Executed Contract, 66. 21-44 Executed Contract, 67. 21-45 Executed Contract





January 5, 2021



LEANNA WILLIAMS, Director, Department of Risk Management




Title                     v

Contracts for Public Liability Attorney Services





Approve contracts with the following public liability attorney firms in the aggregate estimated cost of $61,200,000, at the established hourly rates, for the provision of legal defense services to the County’s self-insured Public Liability Program for the period of April 15, 2021 to April 14, 2026.  (Four votes required).

1.                     Alvarez-Glasman & Colvin

2.                     Arias & Lockwood, APLC

3.                     Bergman, Dacey, Goldsmith, PLC

4.                     Berman, Berman, Berman, Schneider & Lowary, LLP

5.                     Burke, Williams & Sorensen, LLP

6.                     Cole Huber, LLP

7.                     Collins, Collins, Muir & Stewart, LLP

8.                     Cummings, McClorey, Davis, & Acho, PLC

9.                     Jeffery W. Grass, PC dba Davis, Grass, Goldenstein & Finlay

10.                     Dolen, Tucker, Tierney & Abraham, PLC

11.                     Dummit, Buchholz & Trapp

12.                     Elizabeth M. Kessel, Inc. dba Kessel & Megrabyan

13.                     Fagen, Friedman & Fulfrost, LLP

14.                     Graves & King, LLP

15.                     Gutierrez, Preciado & House, LLP

16.                     LaFollette Johnson De Hass Fesler & Ames, APC

17.                     Law Office of Pelayes & Yu, APC

18.                     Lawrence Beach, Allen & Choi, PC

19.                     Lewis, Brisbois, Bisgaard & Smith, LLP

20.                     Lynberg, Watkins, PC

21.                     Manning & Kass, Ellrod, Ramirez, Trester, LLP

22.                     Premier Law PC

23.                     Richard D. Jones, PLC DBA Jones & Mayer Attorneys at Law

24.                     Rinos & Martin, LLP

25.                     Silver & Wright, LLP

26.                     Skane Wilcox, LLP

27.                     Sloan, Sakai, Yeung & Wong, LLP

28.                     Slovak, Baron, Empey, Murphy & Pinkney, LLP

29.                     Smith Law Offices, LLP

30.                     Thompson and Colegate, LLP

31.                     Wagner, Zemming, Christensen, LLP

32.                     Walker & Mann, LLP

33.                     Wesierski & Zurek, LLP

(Presenter: LeAnna Williams, Director, 386-8621)




Operate in a Fiscally-Responsible and Business-Like Manner.



Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The estimated combined five-year cost for these contracts is $61,200,000.  These services will be paid on a fee for service basis in accordance with the following contracted hourly rates:

All cases

Hourly rate


$ 265


$ 245

Law Clerks / Paralegals

$ 115


The cost for the remainder of 2020-21 is estimated at $2.55 million, and will be paid from various Risk Management funds; sufficient appropriation has been included in Risk Management’s 2020-21 budget. Beginning in 2021-22, annual ongoing public liability attorney costs are anticipated to be approximately $12.24 million and will be included in Risk Management’s future recommended budgets.  Costs are charged back to County departments via premiums billed through the annual budget process



The Department of Risk Management (DRM) self-administers the County’s Public Liability insurance program. Legal defense for insured claims is provided primarily by the Office of County Counsel, with supplemental services provided by outside attorney firms with specialized knowledge.  In today’s litigious climate against public agencies, recent legislative changes, and high-dollar jury verdicts, it is critical that experienced law firms be available to the County when additional services are needed. Contracting with attorney firms allows the County to control expenses with a fixed rate schedule, thereby lowering defense expenses while ensuring representation with legal expertise. The recommended action will establish a list of 33 Public Liability Attorney Firms that have specialized public entity experience and have agreed to specific terms that ensure optimal service to the County. 



On July 24, 2020, request for proposal (RFP) No. RMG120-RMADM-3863 for Public Liability Attorney Services was released and posted to the County’s Electronic Procurement Network (ePro). Thirty-four law firms submitted proposals: one proposal from Stanzler Law Group was incomplete and was rejected, the other 33 proposals are listed in the recommendation.


Staff from the DRM, County Counsel, Children and Family Services, Public Works, Sheriff/Coroner/Public Administrator, and Arrowhead Regional Medical Center (the evaluation committee) evaluated the proposals based upon compliance with RFP requirements, experience, expertise in defending public entities, and strength in specialties needed to serve the County. The evaluation committee recommends contracts with all 33 law firms. No appeals were received.


The recommended contracts will allow the County to create a list of well-qualified and diverse firms and provide the County with the opportunity to utilize new promising firms. Contracts shall be effective from April 15, 2021 through April 14, 2025, with either party able to terminate with 30 days written notice.



This item has been reviewed by County Counsel (Cynthia O’Neill, Principal Assistant County Counsel, 387-5397) on December 3, 2020; Purchasing Department (Bruce Cole, Supervising Buyer, 387-2148) on November 23, 2020; Finance (Monique Amis, Administrative Analyst, 387-4883) on December 9, 2020; County Finance and Administration (Kelly Welty, Deputy Executive Officer, 387-4376) on December 9, 2020; and Human Resources Department (Diane Rundles, Director, 387-5570) on December 23, 2020.