FAIRHOPE, Ala. — The city might soon change the way it hires contract attorneys for municipal lawsuits, which will involve greater scrutiny of the attorney’s fee rate paid and a different selection process used prior to awarding legal contracts, said City Council President Lonnie Mixon this week.

“We looked at the rates we were paying in some cases and thought they were a little over the top,” Mixon said Monday, referring to public information he and Councilman Rick Kingrea reviewed recently. “We also did some research and got some numbers that we felt were more in the appropriate ball park than we are paying now. We can’t stay at the current level with some of those rates given our tight budget.”

According to information provided by the city in response to a public records request, Fairhope is involved in nine lawsuits, having just settled one major case last week brought some two years ago by the Baldwin Electrical Membership Corp.

The city was represented in that case by Norman Stockman of the Mobile-based Hand Arendall law firm, which has received by far the largest number of city legal cases in recent years.

Of the remaining nine cases, Hand Arendall attorneys represent the city in five of them, including one being tried this week in Baldwin County circuit court. That case could last a week, according to James Betbeze, the lead counsel for the city, with several expert witnesses having been deposed and expected to testify.

“(Caine O’Rear) can stay at his current rate until the Dyas case is over,” said Mixon, referring to a prominent Hand Arendall attorney and the complex federal litigation involving the “Dyas triangle” and “Corte rectangle” properties on U.S. 98. “But in all new cases, a new fee will be negotiated.”

Mixon said he believed O’Rear’s fee was more than $330 per hour but added that other attorneys from the firm were also involved in the litigation, for which the city was being billed as well.

That case is scheduled for trial in early May, with dozens of depositions having been conducted of current and past city officials, staff and others.

Only one other law firm currently represents the city in four of the other cases, with the city’s permanent contract city attorney, Marion “Tut” Wynne, representing the city in one case. That firm is Mobile-based Galloway Wettermark Everest Rubens and Gaillard.

“The city should be looking at the particular issue in the proposed suit and hiring the best firm but with a negotiated contract,” said Councilwoman Debbie Quinn. “Mobile County has contracts with all professional firms including attorneys. Hand Arendall has done a great job for Fairhope, but they do come at a different price than some I’ve dealt with.”

An attorney with the Alabama League of Municipalities said authority for approval of all but one type of professional service contract rests with the council and not with the mayor.

“That would have to be done by contract and ultimately be approved by the council,” ALM attorney Lori Lein said. “The law clearly says the mayor appoints the city auditor,” which is the only exception to the council approving professional service contracts, she said.

Mixon said he and Kingrea met recently with Mayor Tim Kant, who would be talking with Hand Arendall to see about an adjustment in fees.

Mixon said future changes in how attorney’s fees contracts are awarded through something similar to a “request for proposal” as is done in other professional service contracts could be expected in the near future.

“If the council chooses not to get involved then someone’s got to do it,” said Mixon, referring to how attorney’s fees contracts might have been handled in the past. “The mayor’s been within his rights, and I think he’s done a great job for when the city was smaller. But now that the city has grown to more than 12,500 people, there is a different statutory obligation on the council to play a more active role, and we’ve got to take a different look at things, rather than settling for just doing things like they’ve always been done.”