Oregon Department of Justice Ellen F. Rosenblum, Attorney General
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1 Oregon Department of Justice Ellen F. Rosenblum, Attorney General 2019 Joint Committee on Ways & Means Subcommittee Presentation January 28 and 29, 2019
2 Department of Justice Legal Rate Model Presenters: Frederick M. Boss Deputy Attorney General William O Donnell Chief Financial Officer 2 Department of Justice
3 Billing Process and Rate Model Overview What is DOJ s statutory billing authority? What are DOJ s Legal Divisions? What is the Legal Fund? How does the billing process work? How does DOJ determine the Legal Services rate? What factors affect the legal rate? 3 Department of Justice Legal Rate Discussion Items
4 DOJ s statutory billing authority Charges for services to public agencies; rules. Provides that DOJ may charge agencies and other public bodies for rendering legal assistance Billing for services to public agencies. Provides that DOJ shall estimate biennial expenses in advance and invoice agencies and other public bodies for their share of these expenses. Provides for adjusting future invoices for prior differences between actual and estimated expenses. The hourly billing rate is not set in statute. It is developed in conjunction with the development of the biennial budget. The rate is not final until the end-of-session omnibus budget bill. 4 Department of Justice Billing Authority
5 DOJ has six Legal Divisions Legal Divisions: Appellate (including Defense of Criminal Convictions) Trial (including Defense of Criminal Convictions) General Counsel Attorney General s Office Civil Enforcement Legal Criminal Justice Legal Non-Legal Divisions: Child Support Crime Victims Services Civil Enforcement Non-Legal Criminal Justice Non-Legal Administrative Services 5 Department of Justice Legal Divisions
6 Our External Clients State Officers and Agencies Governor s Office Judicial Department Legislature Boards and Commissions 6 Department of Justice Client Agencies
7 Our Internal Clients Defense of Criminal Convictions Consumer Protection Programs Racketeering / Organized Crime 7 Department of Justice Internal Programs
8 Listing of Agency Funding Sources to Pay DOJ Legal Fees Federal Funds 20% General Fund 39% Other Funds 41% Lottery Funds 0% Legislatively Adopted Budget 8 Department of Justice Funding Sources
9 What is the Legal Fund? The Legal Fund is an internal service fund which records the revenues and expenses for providing Legal Services to state government. Examples of Other Internal Service Funds: Motor Pool, Copy Machines each with a user fee. 9 Department of Justice Legal Fund Description
10 Legal Fund Budget Model: Other Funds expenditure limitation to hire employees and pay operating costs. The legal rate billed to client agencies has to be adequate to fund: The attorney Contribute to division operating costs for supplies, services, technology, capital items and costs charged to divisions for rent, payroll, accounting, human resources, etc. 10 Department of Justice Legal Fund Model
11 How does the billing process work? Contact DOJ Attorney Work performed by DOJ staff System generates invoice Entered in computer system Time spent tracked Bill sent to Client Performance Measure #5 Client sends payment within 30 days 11 Department of Justice Billing Process
12 Variety of Billable Positions & Rates DOJ s billing rates differ by type of biller: Biller type Rate FTE Std. Hrs. Attorneys $182/hr ,200 Honors Attys $182/hr ,950 Attys in Charge $182/hr ,100 Assist Attys in Chg $182/hr ,400 Administrator $182/hr Investigators $125/hr ,717 Paralegals $ 91/hr ,658 Law Clerks $ 55/hr ,248 Clerical $ 49/hr ,438 ADR Coordinator $104/hr Department of Justice Billing Process
13 Department of Justice Billing Process Factors 3.4% Billing Hours by Position 3.3% 7.5% 4.6% 5.1% 2.9% 73.2% Attorneys Honors Attorneys AIC AAIC Investigators Paralegals Other 85.8% of the hours billed are at the same rate. 13
14 State of Oregon Department of Justice Legal Fund - Fiscal Year End Accounts Receivable Balance $12,000,000 $10,000,000 $8,000,000 $6,000,000 Department of Justice Legal Rate $4,000,000 $2,000,000 $ Accounts Receivable $8,925,045 $10,194,170 $8,455,693 $11,078, Department of Justice Legal Rate
15 How does the Department of Justice determine the Legal Rate? 15 Department of Justice Legal Rate
16 Legal Rate Two Components Direct Cost of the Hours of Work Plus Operating Costs and Assessments for Agency & State Overhead * * - Overhead includes non-billable hours, division operating costs, administrative assessments the department receives for technology, telecommunications, rent, insurance, accounting and human resources. 16 Department of Justice Legal Rate
17 Calculation of Attorney General Rate Total projected biennial legal service costs Rate * = Projected number of biennial billable hours * - Rate is actually assigned in the end-of-session omnibus budget bill. 17 Department of Justice Billing Process
18 Legislatively Approved Budget Legal Fund Expenditures Personal Services 85% Services and Supplies 15% Capital Outlay 0% Total Legal Expenses - $193,701,195 18
19 Calculating the billing rate needed to provide legal services Legislatively Adopted Budget (LAB) Changes to LAB (e.g., short session and E-boards) Changes to (base adjustments and essential packages such as inflation and phase-outs) Assumptions related to compensation (COLAs, flexible benefits, PERS rates) Policy packages and working capital adjustment = expenditures Divided by projected billable hours = billing rate 19 Department of Justice Billing Process
20 Recent History of the Legal Rate The AG billing rate is the dollar amount charged to DOJ s client agencies and internal accounts for one hour of legal work. Biller Type ARB Assistant Attorneys General $175/hr $182/hr $223/hr Paralegals 90/hr 91/hr 98/hr Investigators 116/hr 125/hr 126/hr Law Clerks 55/hr 55/hr 55/hr Clerical 47/hr 49/hr 49/hr The billing rate is calculated to generate revenue that will match the projected expenditures and working capital need. 20 Department of Justice Billing Process
21 What Factors Affect the Legal Rate? 21 Department of Justice Legal Rate Factors
22 Costs Affecting the Legal Rate Direct Costs Salaries and benefits for Legal Divisions Services and supplies for Legal Divisions Capital outlay for Legal Divisions Central Service Costs Administrative services related to Legal Divisions External Fixed Costs Costs assessed by State Government Service Charges attributable to the Legal Divisions 22 Department of Justice Legal Rate Factors
23 Factors Affecting the Legal Rate Decreases to the Hourly Rate: Add an Attorney or any billable position. Reduce non-billable positions. Reduce other costs and administrative assessments. Increases to the Hourly Rate: Reduce Attorney or any billable positions. Increase non-billable positions. Increase other costs or administrative assessments. 23 Department of Justice Legal Rate Factors
24 Legal Rate Parallels the State Budget Process Agency Request Budget Legal Rate is an estimate of the ARB with all budgetary requests made by the Department of Justice. Governor s Budget Legal Rate recalculated to represent Current Service Level plus adopted Policy Option Packages and other components of Governor s Budget. Legislatively Adopted Budget Legal Rate recalculated for each legislative budget decision affecting Department of Justice. $223 / Hour $208 / Hour $??? / Hour 24
25 Oregon State Bar Legal Rates Year Private Practice Rate Dept. of Justice Rate 2012 $242 / hour $143 / hour 2017 $286 / hour $182 / hour 25 Department of Justice Legal Rate Factors
26 Questions? 26
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