HOUSTON – Last week, the Harris County Commissioners Court appointed attorney Christopher Hollins as interim county clerk – a move that seemingly created a conflict of interest for both the county and its new employee.
In July, the commissioners court voted to hire the Hollins Law Group, as well as three other firms, on a contingent-fee basis to represent the county in a lawsuit alleging it overpaid for insulin due to a price-fixing scheme.
And while municipalities hiring outside counsel is nothing new, the Texas Local Government Code, however, does prohibit counties from paying salaried officers fees for work performed outside of their regular duties.
Houston attorney Mark McCaig unearthed the contract Hollins signed with Harris County, posting the details on a blog at Big Jolly Times.
“Hollins’ base hourly rate in his contract with Harris County is an eye-popping $900 per hour which, when multiplied by four as part of the fee formula, could potentially entitle Hollins to as much as $3,600 per hour for his work on behalf of Harris County,” McCaig wrote. “At the time he was retained by Harris County, Hollins had been practicing law for just over 5 years. As an attorney in Harris County, I am not personally aware of any attorneys with just 5 years of experience that command a standard hourly billing rate of $900 per hour.
“It certainly is not anywhere near a reasonable and customary rate in the Houston area for an attorney with that level of experience.”
McCaig was the first to point out that Hollins’ appointment brings into question whether the new county clerk should be able to collect any fees at all.
The Record reached out to Hollins on the apparent conflict of interest and was provided the following statement:
"My number one priority is to serve the residents of Harris County and all of my focus and attention will be on the duties of my office. When I decided to seek the County Clerk appointment, I contacted the County Attorney's Office to address all conflict of interest issues and have taken all necessary steps to ensure full compliance of the law. I am pausing my legal services to the County and will not receive any compensation while I serve as County Clerk.
“Further, while not required by law, I will be withdrawing as counsel of record for all of my legal clients while I serve as County Clerk. Other attorneys from my firm will continue to represent our clients. However, no attorneys from my firm will represent the County or receive compensation from the County while I serve as County Clerk."
Instead of providing answers, McCaig thinks Hollins’ statement raises more questions.
“Mr. Hollins needs to provide the public with a direct answer as to whether he or his firm intend to seek payment from Harris County under the contract that entitles him to as much as $3,600 per hour, or if he will waive any fee interest he or his firm may have,” McCaig said.
“Additionally, Mr. Hollins should let the public know how much time he plans to commit to the management and supervision of his law firm and other business interests while he is serving as county clerk.”
According to media reports, Hollins won’t seek election to the office this November.
The lawsuit he brought on behalf of the county was filed in November.
In his blog, McCaig wrote that he believes Hollins will no longer be a county officer once any funds are recovered from the litigation.