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Frederick County board directs staff to hire recruitment firm, retain interim outside counsel
Summary
After reviewing costs and models used by peer localities, staff recommended using an outside search firm to recruit a new county attorney and keeping interim outside counsel available; the board signaled consensus to proceed and to use an existing cooperative contract to speed hiring.
Frederick County supervisors agreed to move forward with an outside recruitment firm to hire the county's next attorney and to retain interim outside counsel while the search proceeds. Staff presented cost comparisons from similarly sized jurisdictions and outlined options for in‑house versus contracted legal services.
Paul Hopper, the staff presenter, told the board that several jurisdictions of similar size now use in‑house counsel but that contracting remains common. He cited a recent contract in Harrisonburg that provides one attorney for about 20 hours a week at a listed annual contract price of $275,000 and said the county’s current legal staff cost is roughly $563,000 a year for two attorneys and a secretary. Hopper estimated search‑firm fees would run about $30,000–$40,000.
“Those rates are pretty standard throughout the state,” Hopper said, and recommended the county use a search firm already procured by other governments so the county could use a rider contract rather than undergo a new bid process.
Board members discussed preferred candidate criteria and timeline. Several supervisors said they wanted an attorney with Virginia practice experience and several years of government or county‑attorney work; one supervisor suggested three to five years minimum experience and said they would not favor a recent law‑school graduate. Staff estimated a typical search would take about three to five months.
Hopper also proposed a near‑term contingency: Austin Cannon will serve as county attorney in the interim, and the county would retain external counsel (Jim Gwen of the firm Gwen & Waddell) on an hourly basis for specialized questions or when additional experience is needed. Hopper said the county has used that lawyer previously for workers’ compensation and other matters and expects to negotiate a favorable hourly rate for limited use.
The board did not take a formal roll‑call vote but signaled consensus to engage a search firm (Berkeley Group or another qualified vendor identified by staff) and to arrange interim outside counsel; staff said it would proceed with contracting and bring back any contract terms and candidate‑screening parameters to the board as they are developed.
Next steps include confirming the advertised salary range for the position, selecting a search firm under a cooperative contract or rider, and returning to the board with a timeline and staffing recommendations.
