Accounts and Reports

SUBJECT

Agency Authority to Contract with Attorneys and Requirement for Itemized Billings

PURPOSE

Communicate existing policies and restrictions on agency authority to contract with attorneys, and distribute a suggested format to submit the information required for payment of legal services.

AUTHORITATIVE REFERENCES

Attorney General's Opinion dated April 23, 1958

In an opinion dated March 25, 1980, the Department of Administration Chief Attorney reviewed the PPM filing issued 07/72, and recommended no changes to the content.

GENERAL INFORMATION

Authority to Contract for Attorney Services 

Agencies without specific statutory authority to hire attorneys should contact the Department of Administration Legal Section prior to contracting for these services to obtain prior approval of the legality or propriety of such legal services. Even if specific authority to hire an attorney exists, there are some limits on the types of matters that the attorney may properly handle for the agency.

Itemized Billing Requirement 

The following information must be provided in the form of an itemized billing from the attorney in order to process payment vouchers payable to the vendor:

Purpose for hiring attorney
Dates and Description of service, including time billed, or charge for service
Rate (hourly rate, rate per mile, charge per copy, etc.)
Amount
Total amount due

CONTACT SOURCES

Questions regarding the authority of an agency to hire an attorney should be directed to:

Division of Accounts and Reports
Central Accounting Services Section
Audit Services Team

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