HOUSE DOCKET, NO. 1375        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1821

The Commonwealth of Massachusetts

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PRESENTED BY:

Denise Provost

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to authorizing governmental bodies and other approved parties to use shared legal representation and consultants in matters of common interest.

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PETITION OF:

HOUSE DOCKET, NO. 1375        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1821

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1111 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to authorizing governmental bodies and other approved parties to use shared legal representation and consultants in matters of common interest.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1. Chapter 40 of the General Laws, appearing in the 2016 Official Edition, is hereby amended by adding a new section 4L, as follows:

Section 4L-  Governmental units, as that term is defined in section 4A of chapter 40 and any other public entity are authorized  from time to time to direct and permit its regular legal counsel and/or retained counsel and/or consultants to represent it and other governmental bodies or public entities and private parties or entities, their employees, officials and officers, or otherwise provide services in matters in which the governmental unit or public entity has a direct or substantial interest without violating any law which may otherwise prohibit same, including G.L. c. 268A.

In such instances, the official duties of the governmental unit’s or public entity’s counsel or consultant include representing and providing services to other governmental units and public and private entities and individual citizens,  in administrative and judicial proceedings and other matters in which the governmental unit or public entity is also a party or has an interest, provided the interests of the governmental unit or public entity would be advanced by such dual or shared representation or services and provided that such dual or shared representation or services would not cause a violation of any rule governing attorney or other applicable professional’s conduct.   Legal counsel and consultants shall discharge such duties only when requested to do so in writing by the chief executive officer of the governmental unit or public entity.   Prior to making such a request, the chief executive officer of the governmental unit or public entity shall consult with its regular or special counsel, who shall advise whether the interests of same would be advanced by such dual or shared representation or services. The legal counsel shall also supervise any special counsel or consultants in such instances and from time to time shall render advice to his or her governmental unit or public entity as to whether such dual or shared representation or services advances the interests of same and conforms to law.  The parties to such an arrangement may enter into same upon vote of the appropriate chief executive officer of the governmental unit or public entity.  Any such arrangement may also be memorialized in an agreement between the participants under section 4A of chapter 40 or any other applicable law.