Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 47 - Attorney Case Handling Guidelines and Billing Procedures - PPM Number 50 › Section V-4703 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. To control
				costs, to increase efficiencies and to insure quality and standard billing
				practices, in addition to all legal requirements, any agency that contracts for
				attorney services under Title 39 of the Louisiana Revised Statutes, shall, by
				January 1, 2015, institute case handling guidelines and billing procedures to
				be incorporated by reference into all professional contracts for attorney
				services entered into.
B. Effective
				September 20, 2014, all professional contracts entered into for attorney
				services under Title 39 of the Louisiana Revised Statutes after September 20,
				2014, and all case handling guidelines and billing procedures in existence or
				which shall be thereafter instituted, shall include the following minimum
				requirements which may be referred to by reference by citing PPM 50.
1. Attachment to all Attorney Contracts.
				These case handling guidelines and billing procedures supplement, but do not
				replace, an agency's existing attorney case handing and billing procedures, and
				shall not supersede any rules or regulations in effect for legal contracts. To
				the extent that these requirements are more stringent than an agency's existing
				requirements, they shall supersede those requirements.
2. Attorney Rates. Unless justification is
				provided and approval is received, all attorney billing rates shall conform to
				the standard rates set by the Attorney General.
3. Billing Management. Each contracting
				agency shall designate in writing the employee authorized to approve work and
				travel performed pursuant to the contract, and who is responsible for ensuring
				that attorney case handling guidelines and billing procedures are
				followed.
4. Budgeting. Within 60
				days of entering into a contract for attorney services, the contracting
				attorney shall prepare a legal budget after assessing the underlying case. If
				it is anticipated that the budget will exceed the maximum value of the
				contract, then the agency shall immediately take the necessary steps to
				increase the contract's maximum value. An agency shall prepare a report when
				80% of the established budget has been expended which shall project the final
				cost of the attorney services expected to be provided under the
				contract.
5. Clerical Work.
				Clerical work, including work performed by law clerks, paralegals and
				secretaries shall not be billed unless written justification is submitted and
				approved.
6.
				Depositions/Inspections/Hearings on Motions. Unless approved in advance by the
				contracting agency, only one attorney shall attend and bill for depositions,
				inspections and hearings on motions.
7. Documentation of Reimbursed Expenses. The
				contracting attorney must retain and provide all receipts and other
				documentation of expenses where reimbursement has been preapproved. Advanced
				court costs by state agencies is not required under the law in most situations.
				Payment of advanced court costs will not be reimbursed until a lawsuit is
				completed unless preapproval for the payment of same is obtained.
8. Dual or Overlapping Billing. Billing for
				work for other clients or for unrelated State matters simultaneously while
				performing work under the billed contract shall be prohibited. Billing by two
				approved attorneys simultaneously should be avoided unless or approved by the
				agency in advance.
9. Duplication
				of Work. Duplication or repetition of effort among attorneys shall be
				avoided.
10. Maximum Amount. All
				contracts for attorney services entered into shall provide for a maximum value
				which shall not be exceeded through addendum, amendment, or renewal without the
				contractor and the agency documenting the justification in writing.
11. Minimum Billing Increments. All billing
				items shall be billed at increments of .10 (six minute increments). No block
				billing shall be accepted.
12.
				Non-Conforming Bills. Any bill which does not conform to these billing
				requirements shall not be paid until such time as it is determined that the
				non-conforming items have been corrected. Any payment dispute under a contract
				for attorney services shall be administratively determined pursuant to Chapter
				16, Title 39 of the Louisiana Revised Statutes.
13. Office Overhead; Copying Phone Charges,
				etc. All office overhead, including costs for copying, facsimile, email,
				internet or phone charges shall not be billed unless an agency has agreed in
				advance under the terms and conditions of its contract approved by OCR to
				reimburse the actual cost of these items.
14. Record Retention. Daily time sheets
				maintained by attorney name, caption, and case number shall be utilized.
				Attorneys are required to maintain any and all bills and supporting
				documentation, including daily time sheets, for five years. Billing records are
				subject to audit by DOA, the Inspector General and the Legislative
				Auditor.
15. Reports. A contracting
				agency shall not pay for any time charged for preparation of reporting forms or
				status reports other than those specifically requested or specifically required
				under the terms and conditions of the contract. Any report that does not
				contain significant new information or developments with a clear explanation of
				the impact on the case should not be requested or required by the contracting
				agency. Automatic periodic reporting in increments of less than three months
				should be avoided.
16. Research.
				Legal research per contract shall not exceed five hours without additional
				approval by the using agency.
17.
				Routine Matters. Routine scheduling, mail handling, new file set up, calendar
				maintenance, transcribing, copying, faxing, data entry enclosure letters,
				simple letters to clerks of court, and other similar routine matters are
				non-billable.
18. Staffing. Only
				those attorneys who are directly contracted, and approved staff, may work under
				the contract. Any staffing changes must be discussed and approved prior to
				engaging in billable work.
19. Task
				and Item Billing. Specific task and item billing must occur under every
				contract for attorney services, even where an attorney is retained by an agency
				to provide general legal services and advice. Billing for attorney services
				shall occur, at a minimum, monthly. All billing statements shall reference the
				contract number under which it is being submitted.
20. Term of Contract. No contract for
				attorney services shall be longer than three years. Prior to such a contract
				entering into the third year of its term, however, the attorney and the
				contracting agency shall provide written justification to continue the contract
				into the third year. Failure to provide written justification to extend a
				contract may result in cancellation of the contract.
21. Travel. Travel time shall be preapproved
				and shall be billed at one-half the agreed upon attorney pay rate. Travel time
				for a specific task shall not be approved to exceed eight hours per day without
				written justification. All related travel expenses shall also be preapproved
				and will be reimbursed in accordance with PPM 49 - Louisiana State Travel Rules
				and Regulations.
22. Trial
				Preparation and Attendance. Trial preparation and attendance shall be billed
				only at the regular rate established in the contract. Tasks associated with
				trial preparation should occur once and only within a reasonable timeframe
				prior to trial. Unless approved in advance, only one attorney shall bill for
				trial preparation and for attending trial.