The Legal Management Plan must include the following items:
(a) A description of the contractor's in-house counsel resources at the time the Legal Management Plan is submitted, including areas of expertise and an explanation of the types of matters expected to be handled in-house.
(b) A description of the legal matters that may necessitate engagement of retained legal counsel.
(c) A description of the factors the contractor will consider in determining whether to handle a particular matter utilizing retained legal counsel.
(d) An outline of the factors the contractor must consider in selecting retained legal counsel, including:
(1) Cost;
(2) Past performance of previously retained counsel;
(3) Particular expertise in a specific area of the law;
(4) Familiarity with the Department's activity at the particular site and the prevalent issues associated with facility history and current operations;
(5) Location of retained legal counsel relative to:
(i) The site involved in the matter,
(ii) Any forum in which the matter will be processed, and
(iii) The location where a significant portion of the work will be performed;
(6) Experience as an advocate in alternative dispute resolution procedures such as mediation;
(7) Actual or potential conflicts of interest; and
(8) The means and rate of compensation (e.g., hourly billing, fixed fee, blended fees).
(e) A description of the system that the contractor will use to review each matter in litigation to determine whether and when alternative dispute resolution is appropriate.
(f) A description of the role of in-house counsel in cost management.
(g) A description of the contractor's process for review and approval of invoices for legal costs.
(h) A description of the contractor's strategy for interaction with, and supervision of, retained legal counsel.
(i) A description of the procedures the contractor will employ in order to seek timely approval from Department Counsel to settle any legal matters as required by § 719.34 of this part;
(j) A description of the contractor's strategy for keeping Department Counsel apprised of all legal matters covered by this part (e.g., regularly scheduled meetings and written communications).