Office of the Corporation Counsel
“A Comparison of Hildebrandt International’s Report, ‘Office of the Corporation Counsel, Defining the Optimal Organization,’ and D.C. Appleseed Center’s Report, ‘D.C. Office of the Corporation Counsel: Core Remedies for Lasting Reform,’ (November 16, 2000 draft),”
December 8, 2000

Background

Hildebrandt International

• a 25-year-old multidisciplinary management consulting firm that has worked with legal departments in many law firms, industries, and at every level of government
• has worked with the Corporation Counsel of the City of Chicago and the offices of the Attorney General for Hawaii, Minnesota, Arkansas, Virginia, and New York
• retained by OCC to offer recommendations on the optimal structure for the office based on information provided by OCC -- it was not asked to provide an assessment of the current state of affairs
• interviewed all Senior Deputies, Deputies, and Section Chiefs, who provided information about OCC operations (approximately 30 attorneys)
• recommendations are based on data OCC collected during office reengineering initiative, the consultant's experience in the legal service industry, and proprietary data
• defines the optimal legal department as one that has the appropriate skills, capacity, and resources to fully support the needs of its clients in a fiscally responsible manner reflecting a best practices approach

DC Appleseed

• an independent non-profit advocacy organization
• commenced a study of OCC in the summer of 1999 at the request of then-Corporation Counsel John Ferren
• distributed 566 surveys to current OCC attorneys, co-counsel, opposing counsel, employees of other District government agencies, and judges 18% response rate to surveys (103 out of 566)
• conducted 24 confidential interviews (current and former OCC employees, District agency personnel, District and federal judges, and representatives of the Council, the Control Board, and the U.S. Attorney's Office).
• compared OCC to 5 government law offices in jurisdictions of comparable size to the District: Cincinnati, Denver, Nashville/Davidson County, Phoenix, San Francisco
• assessed the data OCC developed during the reengineering effort
• scope of evaluation included accountability of OCC attorneys, management processes, and resources provided to line attorneys to perform their work
• did not undertake to evaluate interaction with other District government agencies; the responsibility of OCC to the Mayor, the Council, and others; or outsourcing

Organizational Structure

Hildebrandt International

• The head office would be comprised of 6 senior attorneys reporting to the Corporation Counsel, including the Principal Deputy, a Senior Deputy, and 4 senior-level advisors.
• The Principal Deputy would lead the "Legal Services Group," which would be the agency's primary service provider:
  • The Legal Services Group would be comprised of 5 divisions (Appellate, Public Protection, Commercial, Government Operations, and Litigation), headed by Deputies, with 16 practice sections, headed by Assistant Deputies, organized to align legal services with client needs.
  • 25 lawyer supervisors would serve under the 16 Assistant Deputies and 5 Deputies; 71 senior counsel, 121 counsel, and 19 staff lawyers would serve under lawyer supervisors
  • Overall, there would be 264 attorneys, including the Corporation Counsel).
• The Senior Deputy would lead the "Shared Services Group," which would provide operational support to the agency:
  • The Shared Services Group would be comprised of 4 divisions (Administrative Services, Human Resources, Support Functions, and Finance) organized of all of the administrative managers and supervisors.
  • Overall, there would be 282 employees in this group,
• 4 senior-level advisors would comprise a group that provides advice and counsel to the Mayor and other officials.

DC Appleseed

• Recommends that OCC flatten the current organization structure into four layers:
  • Corporation Counsel,
  • level II supervisor,
  • level I supervisor, and
  • line attorney.
• Suggests that OCC reconfigure the alignment of the Agency General Counsel, which are all currently supervised by the Senior Deputy for Government Operations, so that they report to the operational units of the office that are representing the respective agency.
• Recommends retaining an experienced management professional ("Legal Services Manager") with a strong background in legal office administration. The report does not explain why the present manager (the Senior Deputy for Management and Operations) is incapable for performing the function.
• Use process mapping and workload analysis to guide further realignment activity.
• The report does not offer possible realignment scenarios for OCC.

Staffing and ratio levels

Hildebrandt International

• The optimal organization would be comprised of 546 employees -- over 100 employees more than currently on staff (a 19% increase over the existing onboard staffing level).
• Recommends a 1:6 supervisor-to-attorney ratio in the Legal Services Group.
• Recommends a 4:6 support staff-to-attorney ratio visa-vis the Shared Services Group (according to the staffing levels recommended in the report, the ratio would be closer to 1:1).
• The categories and number of personnel would be as follows:
  • Corporation Counsel (1)
  • Principal Deputy (1)
  • Senior Deputy (1)
  • Advisors (4)
  • Deputies (9)
  • Assistant Deputies (20)
  • Directors (16)
  • Managers (14)
  • Lawyer Supervisors (25)
  • Supervisors (19)
  • Senior Counsel (71)
  • Counsel (122)
  • Staff Lawyers (19)
  • Executive Assistants (42)
  • Investigators (12)
  • Researchers (7)
  • Paralegals (85)
  • Clerical (61)
  • other (21)

DC Appleseed

• Advises that the composite average number of secretaries and paralegals (based on comparable 5 city attorney's offices) is 45 per 100 attorneys.
• Recommends increasing the number and improving the quality of paralegals and support staff by:
  • hiring 36 additional support staff personnel,
  • considering reclassifying secretarial positions paralegal positions, and
  • consolidating existing support staff positions to allow flexibility in offering higher salaries to attract better job candidates.
• States that the cost of hiring additional support staff would be $1 million. However, this amount underestimates the actual cost because it is based on an average salary and does not include the costs associated with benefits, training, non-personal services, etc.
• The report recommends that OCC create more nonmanagement "senior counsel" positions, but it does not calculate the cost of increased salaries for these positions.

• The report does not address overall staffing ratios.

Salary ranges

Hildebrandt International

• Acknowledges that the Legal Services Act requires that the agency establish a performance measure system that links pay to performance.
• Recommends that OCC continue its practice of providing a range of salary opportunities so that higher achievers earn at the high end of the range when compared to less impressive performance.
• Recommends that OCC establish a mid-range of salaries that are at or near market rates for the particular position.
• The consultant derived recommended salaries from its propriety databases and benchmarking surveys.
• Summarizes comparable legal department salaries (all of which are higher than salaries currently paid OCC in corresponding positions) as follows:
  • Corporation Counsel $120,000 to $376,000
  • Advisor $110,000 to $164,000
  • Principal Deputy $135,000 to $200,000
  • Deputy $122,000 to $170,000
  • Assistant Deputy $122,000 to $170,000
  • Lawyer Supervisor $122,000 to $170,000
  • Senior Counsel $97,000 to $124,000
  • Counsel $71,000 to $105,000
  • Staff Lawyer $44,000 to $68,000
  • Paralegal $37,000 to $62,000
  • Claims Manager $45,000 to $85,000
  • Claims Supervisor $45,000 to $70,000
  • Claims Professional $30,000 to $60,000
  • Shared Service Senior Deputy $80,000 to $235,000
  • Shared Serviced Deputy $53,000 to $141,000
  • Administrative Manager $65,000 to $91,000
  • Administrative Supervisor $55,000 to $74,000
• An analysis of the cost of implementing comparable salaries based on Hildebrandt's evaluation is attached to this report as a separate document.

DC Appleseed

• Reports that the average OCC attorney pay is some $6,500 less than the average attorney pay in comparable city attorney's offices, when adjusted for cost-of-living differences.
• States that average entry-level pay is 19% lower than in comparable city attorney's offices.
• Reports that OCC's findings that the pay gap between federal attorneys and agency attorneys (9.5% to 14.1%) is consistent with its findings regarding the disparity between OCC salaries and city attorney's office salaries.
• Although the report estimates the cost of providing comparable salaries to be $2 million, this estimate is based on the "average" salary paid by OCC. It appears that this amount does not include related costs for ARAs, benefits, etc., and it, thus, underestimates actual costs.
• The report recommends processing pay adjustments promptly -- something that OCC is already addressing.

Workload

Hildebrandt International

• Recommends that workloads be measured to provide for 1700 hours of "billable" legal services per attorney on, an annual basis.
• The report notes that currently OCC attorneys perform many activities that, in an optimal organization, would be performed by support staff. This practice, Hildebrandt estimates, results in a 20% decrease in attorney productivity. The lack of proper technological support results in another 5% decrease in productivity.
• States that "the current environment of the OCC, which includes mandates such as those imposed by the LaShawn Order[,] may require upward staffing adjustments to allow the OCC to transition from its current workloads to an optimal workload."
• Based on OCC's self-reported workload information, the report recommends the following workload amounts (number of matters per attorney):
  • Appellate 21
  • Appellate (Policy and Appeals) 57
  • Economic Development 19
  • Finance 30
  • Land Use/Public Works 13
  • Personnel/Labor Relations 36
  • Procurement 52
  • Contracts/Regulatory/Personnel 18
  • Legal' Counsel 14
  • Defensive Litigation 29
  • Equity 16
  • Affirmative Litigation (civil) 58
  • Affirmative Litigation (fraud) 25
  • Criminal (juvenile) 52
  • Criminal (adult) 87
  • Child Support 96
  • Abuse and Neglect 30
  • Domestic Violence 107
  • Mental Health 300

DC Appleseed

• Reports that OCC attorneys are spending 25% to 50% of their time on non-attorney work.

Training and development

Hildebrandt International

• Recommends that attorneys receive at least 15 hours of continuing legal education on an annual basis.
• Also recommends training in the areas of information technology, organizational dynamics (including change management), management, and a variety of other disciplines (negotiation, customer service, writing, etc.).
• Provides the following budget (per attorney per year):
  • continuing legal education $600
  • change management $500
  • management $1,200
  • other $350
  • TOTAL: $2,650
• The report does not recommend practice-specific matters for attorney training.

• The report recommends that non-attorneys receive skills and management training (approximately $850 per employee).

DC Appleseed

• States that comparable city attorney's offices offer formal 12-week training for new attorneys and 6 half-day management training courses.
• Recommends that OCC's training budget be enhanced above current level of $87 per Legal Service Act attorney.
• Recommends that OCC explore training alternatives, including partnering with federal agencies and establishing an "OCC University" based on the Center for Excellence in Municipal Management program.
• The report suggests a budget of $212 per attorney, though basis for this amount is not explained.

Technology

Hildebrandt International

• Advises that maximizing attorney performance requires that information technology play a major role in managing internal processes and delivering legal services to clients.
• Recommends a 37:1 consumer-to-IT system support staff ratio. Recommends an annual IT budget of
  • $16,000 per attorney, and
  • $10,000 per non-attorney.
• Suggests that OCC establish the following multifaceted case tracking/management system, consisting of
  • A Matter Management System ("MMS") to track all open matters or works in progress. Such a system would assist with:
    • checking conflicts,
    • formulating realistic budgets,
    • supporting time recording,
    • illustrating trends by client, matter type, or opposing counsel, and
    • improving OCC's ability to engage in strategic planning by analyzing workload data.
  • An automated docketing system with available online access by attorneys and tickler reminders of upcoming docket dates.
  • An automated Document Management System ("DMS") that links to MMS and reduces the amount of paper that must be handled and stored.
  • A Litigation Support System that would allow members of a trial team to access information simultaneously and copy it to their personal computers.
  • A Case Management System that profiles key dates, players, events and links with MMS and DMS.
• Suggests that OCC consider the use of facsimile capability from the desktop and personal digital assistants (to manage e-mail, calendars, addresses, etc.).
• Provides no cost estimates or recommended applications.

DC Appleseed

• Recommends that OCC install a centralized case management system that will facilitate better supervision and oversight of line attorneys, improve office management, and produce information that is needed for the development of budgets and organizational plans.
• Such a system would assist with:
  • maintaining calendars for each attorney,
  • producing management reports,
  • providing public access to information,
  • responding to inquiries from clients on the status of matters, and
  • compiling standard research, motions, and other work products associated with a particular matter.
• Advises that the cost for the Nashville Legal Department's system was $170,000 for the initial software investment and $15,000 for hardware. There is an annual $15,000 maintenance fee, and the agency employs one staff person, who is paid an annual salary of $35,000, to run the system.
• Advises that the District's U.S. Attorney's Office has been allocated $1 million a year for the past five years to run its office-wide management system, which incorporates a case tracking system, personnel management functions, and a finance system.
• Recommends that OCC hire one or two dedicated personnel to support the system.
• Notes that a pilot case-management project is already underway at OCC.

Impact of the Adoption and Safe Families Act

Hildebrandt International

• The report states that the consultant's goal was to provide an optimal structure for the agency as a whole, and that an assumption underlying the recommendations is that OCC would implement technology enhancements and increased support for lawyers. The report states that, "[i]n reality, the OCC might find the need to overstaff positions as in interim measure."
• Under optimal conditions, recommends that the Abuse and Neglect Section be staffed by 1 Assistant Deputy, 4 lawyer supervisors, 5 senior counsel, and 15 counsel (25 attorneys in total).
• However, the report states that "OCC has studied the situation carefully," and it supports OCC's recommendation to create pre- and post-adjudication units as an interim measure.
• According to background materials OCC submitted to Hildebrandt, the pre-adjudication unit would consist of the existing attorney staff (18 lawyers).
• Recommends that two more supervisory positions be added to the post-adjudication unit proposed by OCC. However, the report fails to delineate between the two post-adjudication sub-units. One sub-unit (permanency) would consist of 12 trial attorneys, 1 paralegal, and 1 investigator. The second sub-unit (TPR) would consist of 1 supervisory attorney, 10 trial attorneys, 1 paralegal, and 1 investigator.
• The omission of TPR sub-group appears to have been an oversight, given that Hildebrandt stated that, under optimal conditions, the entire Abuse and Neglect Section, should be staffed with no less than 25 attorneys and that OCC's estimates for the proposed interim measure may, in fact, underestimate the real staffing needs.
• Reports that the optimal staffing ratio would be 30 matters per attorney in the Abuse and Neglect Section, as previously recommended by OCC staff.
• Reports that, according to OCC calculations, ASFA will increase Appellate Division caseloads by 60 to 100 cases per year. This would require 2 additional attorneys for the Appellate Division.
• Recommends that OCC consider the following when developing an implementation strategy:
  • changes in the court system relating to ASFA,
  • changes required in OCC's matter management system to track cases according to abbreviated time schedules,
  • whether to establish a "triage" system to address existing cases,
  • whether to establish a new matter intake team of lawyers to establish procedures to ensure that OCC complies with the timing requirements, and
  • hiring contract attorneys to support the transition toward optimal caseload levels.

DC Appleseed

(not addressed)

Performance evaluation and oversight

Hildebrandt International

(not addressed)

DC Appleseed

• Recommends that OCC transform the existing evaluation system for attorneys and support staff into a performance management system that adopts the following parameters:
  • it is based on a core competency model;
  • the system is aligned with OCC's strategic objectives;
  • it incorporates multi-source feedback with links to customer satisfaction;
  • performance measures are based on objective criteria that focus on quantifiable measures and outcomes;
  • performance appraisals are linked to compensation, promotion, development, and training; and
  • the evaluation process emphasizes clarity, simplicity, and communication.
• Suggests that OCC apply standards to both attorneys and support staff -- something that OCC is already planning to do.
• In connection with the development of competency models, the report recommends that OCC should:
  • develop competency profiles for each position;
  • assess the extent to which incumbents meet the competency profiles;
  • develop training and development action plans, as appropriate;
  • terminate the employment of those employees who clearly fall below minimum competence levels; and
  • monitor the performance of marginal performers.
• Recommends that OCC hold supervisors accountable by:
  • establishing clear managerial standards,
  • instituting a 360° feedback process,
  • holding managers accountable for their own actions and those of their attorneys and staff, and
  • replacing managers who are unwilling or unable to manage.

Non-personal services

Hildebrandt International

• Recommends that OCC consider the following factors in designing the optimal workspace:
  • private spaces for confidential communications, study, research, and work;
  • collaborative spaces for conferences; meetings, and projects;
  • technology spaces; and
  • knowledge management facilities.
• Suggests the following information for workspace planning purposes:
  • lawyer offices: 180 sq. ft.
  • secretary/assistant space: 90 sq. ft.
  • conference rooms: 300 sq. ft.

DC Appleseed

(not addressed)

Outsourcing

Hildebrandt International

• The report suggests that OCC consider outsourcing the following functions:
  • investigative services,
  • claims management services,
  • clerical services,
  • paralegal services,
  • management services, and
  • technology services.

DC Appleseed

(not addressed)