Thursday, August 13, 2015

A Tale of Two Laywers

As we get closer to the August 18th referendum date, a number of people have wondered why two lawyers are being retained for this fight.

Stephanie Summers, president of unWillington, Inc., put together this FAQ file to help answer those important questions.

As always, any further questions can be directed to unwillington@gmail.com

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The town referendum on Aug. 18 seeks approval of $100,000 to spend on legal, environmental and other expertise to evaluate the risks of the state proposal to site a paramilitary police training compound in the center of our town. UnWillington also has a fundraising goal of $100,000 to work side by side with the town in this effort and on its own strategies.

The town has chosen Mark Branse, a long-time expert land use attorney who consults with Willington and many other towns. UnWillington has retained Tim Hollister of Shipman & Goodwin, a highly successful litigator in land use, environmental and civil rights conflicts at the state and federal levels.

Readers may wonder why we need two lawyers to assist us. Here is a Q&A addressing those questions.

Q. Why do both the town and unWillington need their own attorneys in the struggle against the state police paramilitary compound? Isn’t this duplicating efforts?

A. No. UnWillington is working in close collaboration with the town. While the attorney for unWillington and the town's attorney are both highly experienced, each has some specific strengths and contacts that are complementary. UnWillington's attorney, Tim Hollister, has an overall strategy that he thinks will prevail. He and the town’s attorney, Mark Branse, are in direct consultation to avoid duplicating work and to pursue our common goals. Mr. Hollister also has connections to the best environmental and scientific experts and to decision makers at high levels in the state. UnWillington also needed legal help to incorporate as a non-profit entity in order to collect donations and pursue our mission formally.

Q. What if the referendum to allow the town to spend up to $100,000 to study the site and weigh the state's proposal doesn't pass?

A. Even without the town's help, our attorney has arranged for experts to represent us. We have been able to mobilize more quickly and it’s a legal strategy to act now in anticipation of what will come in the state’s Environmental Impact Evaluation (EIE) because we will have only 45 days to respond. We are raising money to prepare for it, keep on top of things and maintain momentum.

Q. But, if the referendum passes, why would unWillington need to come up with $100,000 in addition to the town money?

A. It is very possible that the $100,000 the town raises may not be enough, especially if this goes out for many more months. We also will need to share costs for outside experts we are using. In addition, there may be strategies that are specific to residents that we would need to pursue on our own.

Q. How do we know we won't have out-of-control legal bills for this struggle?

A. First, our attorney is sensitive to our circumstances, being thrust into a public dispute without warning or much recourse. So, we are getting the firm’s public sector billing rates, and our attorney is having lower-cost partners and associates help on certain tasks to keep billing down. Our group’s legal liaison also is streamlining our consultations to keep billable hours at a minimum. 

Q. Is all the money for paying the lawyer?

A. No. We are spending some money now and getting results, such as the state's having to prepare a more in-depth EIE to address our residents’ concerns. And we have spent money to raise awareness of our issue (state Capitol rally, young adult event, wings cook-off, tabling events, brochures and referendum cards). UnWillington is a fully volunteer organization that relies on, not only monetary donations, but generous in-kind services.

Q. What happens to the money if we raise more than we need?


A. If we [unWillington] have any excess funds at the end, they will go to a cause that donors agree to. [If the town has any of the $100,000 unspent at the end, it will revert back to the General Fund.]