Politician Joins Firm, But Who Benefits?

By Dan Lynch
Miami Daily Business Review
New York Lawyer
February 4, 2005

On Wednesday evening, in the West Palm Beach offices of Akerman Senterfitt, state Rep. Joe Negron was introduced at a reception as the new of counsel attorney at the law firm. He was called by Akerman partner Allan J. Katz "an exceptional lawyer, and an exceptional human being."

Negron, a 43-year-old Stuart Republican who actually began work for the law firm in December, will receive an undisclosed level of compensation from the firm for duties that were not specified at the reception. Negron will have to list his pay from the law firm in future financial filings with the state. Akerman Senterfitt has an extensive practice lobbying in Tallahassee.

Under current state ethics rules, law firms that do lobbying can employ state legislators as of counsel attorneys. But the lawyer-legislators cannot be equity partners in firms that lobby state agencies.

Negron, who chairs the powerful House Appropriations Committee, stepped forward in the lavish lobby, thanked the assembled crowd and proclaimed, "I"m a lawyer first and a legislator second.""

Which, according to the state constitution, is precisely how Floridians want it. Florida’s 160 state legislators are part-timers, serving during the 60-day legislative session in Tallahassee and earning only about $28,000 a year. As a committee chair, Negron is paid $29,742.

Negron is bucking a national trend by signing on with Akerman. More and more, lawyers who serve in state legislatures are pulling out of elective politics, driven back into private practice by a combination of term limits, restrictions on practice that involves state work and the reality of billable hours as a mechanism for accountability to clients.

But experts in political ethics are split on whether a lawyer-legislator’s relationship with a law firm, like Akerman, that does lobbying in Tallahassee should concern the public.

Negron did not return calls for comment on Thursday. Nor did James Duffy, the Akerman partner in Orlando who negotiated his contract. Gregory A. Nelson, the Akerman partner who manages the West Palm Beach office, said Thursday that he’’s unsure of Negron’s duties and does not know what he’’s being paid.

Many firms that hire lawyer-legislators are aware that they need to beware of conflicts of interest. Law firms tend to agree that having state and local public officials on their lawyer rosters isn’t particularly helpful from a purely business perspective.

Even major firms with extensive lobbying practices say that having pols as firm members generally cuts into billable hours more than it adds in prestige, client development, and influence. Having a legislator in the firm also increases the risk of conflict with client interests.

In addition, law firms know that lawyer-legislators will be so busy with the public’s business that they aren’t likely to practice much law.

That’s especially true for Negron, a tall, gregarious graduate of Stetson University’s law school with a libertarian bent who already has filed papers to run for Florida attorney general next year. As a major committee chairman and candidate for statewide office, Negron is a busy man in Tallahassee, with a great deal to say about how the state of Florida spends its $62 billion annual budget.

http://www.nylawyer.com/news/05/02/020405r.html

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