10 CFR §719.12
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
- (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).