Springfield schools hire new workers' comp attorneys

Springfield R-XII School District has new legal representation for its workers’ compensation cases.

The school board voted at its January meeting to replace Evans & Dixon LLC, the district’s workers’ comp firm since 2002, with local firm Harmison and Pearman PC after the district sent out requests for proposals.

In addition to Evans & Dixon and Harmison and Pearman, three other firms responded to the request. One other firm – Whiteaker & Wilson – is based in Springfield, while two others – McAnany, Van Cleave & Phillips and Foland, Wickens, Eisfelder, Roper & Hofer – are based in Kansas City.

Both the new contract and the old contract charge the district different rates depending on the qualifications of the person doing the legal work. Harmison & Pearman charges $75 per hour for paralegal work and $110 per hour for work by associates and partners. Evans & Dixon charged $100 per hour and $125 per hour for work done by associates and partners, respectively.

In 2006, the district paid $89,510 to Evans & Dixon for legal expenses on 82 cases.

Numbers provided by spokesman Bob Keyes show the school district has 55 open workers comp claims in litigation. Most of those will be resolved without a trial.

Familiarity and insight

Attorney Jerry Harmison, shareholder with Harmison & Pearman and a former school board member, said his familiarity with the district and its decision-making process is one reason he felt his firm was well-suited to represent the district. Harmison spent six years as a member of the Springfield Board of Education, including a two-year term as board president. His board service ended in 2006.

“I’m confident I have insight into the district that the typical attorney doesn’t have,” Harmison said. “That allows me, as I receive a new assignment, to get to the bottom line more quickly. I know who to contact, how the pieces of the puzzle fit together, and if an investigation is necessary regarding a particular claim, I know how to get that accomplished efficiently.”

He said his firm represents several school districts, including Logan-Rogersville and Branson.

Evans & Dixon also has extensive experience representing schools, according to its proposal – the St. Louis-based firm, which also has offices in Kansas City, has operated an office in Springfield since November 2001. The firm represents more than 200 school districts, including districts in Bolivar, Fair Grove, Hollister, Lockwood, Ozark and Republic.

Managing Partner Shari Lockhart said the school district was not unhappy with her firm’s work.

“I was told that a firm had made a request to do (the district’s) business, and that’s the process the school district goes through whenever someone wants to compete for business,” she said. “They had no qualms about our representation.”

She added that her firm did protest the decision, pointing to possible conflicts of interest in hiring Harmison and Pearman.

The process

While school board policy prohibits current board members from using their position for personal or financial gain, there’s nothing that prohibits former board members from doing business with the district.

Though Harmison does have familiarity with the district and many of its executives and staff, he noted that his firm had to submit a proposal in response to the school district’s request for proposals.

“It’s not like they said, ‘He’s off the school board, so now he can have the contract,’” Harmison said. “When all factors were considered, our firm was selected over the others.”

David Pelletier, the district’s purchasing coordinator, said by e-mail that the request for proposals sent last fall was the first he has been asked to send in his six years with the district, though he added he was not involved in the decision to send the request.

While Superintendent Norman Ridder was not available for comment, Keyes said Harmison & Pearman’s experience in workers’ compensation law and trial situations was a deciding factor. Harmison said that his company’s local base also may have been a positive factor.

“When I was on the school board, when we were considering bids and contracts, we gave some priority to local businesses,” Harmison said. “It’s important for local decision makers to do business with local businesses.”

Harmison added that even if the district had sent out an RFP in previous years, he would not have responded while he was a board member.

“I did not think it would be proper to do work for the school district while I was on the board,” he said. “But once I’m off the board, it is absolutely fair.”