Various issues may occur in which the library will need legal advice or the services of an attorney. A public library may want to have one or more attorneys to call upon when needed. By having an established relationship with an attorney, the director and board will know who to turn to if a legal emergency should arise.
When searching for a lawyer, a library may want to create a list of possible legal scenarios and legal expertise for guidance. The library may need to look beyond the local county to ensure proper representation for legal matters. It is best to find an attorney who has experience working for Special Purpose Governmental Entities (SPGEs) and who would know when it is appropriate to consult with more specialized attorneys on issues such as personnel, real estate, or taxing authority.
Check with the Kentucky Bar Association to ensure your attorney is licensed to practice law in Kentucky. Statute provides that the library cannot have a board member who does business with the library (KRS 173.510, KRS 173.340, KRS 173.740). If the library is not part of county government, the library should be cautious about relying on the county attorney, who is required by law to represent the county.
When the library board finds a suitable attorney, a contractual relationship should be established by paying a retainer fee or an official letter of representation.
The library should maintain adequate Directors and Officers insurance coverage to defend itself in the event of a lawsuit. You may wish to check with your insurance company to determine their requirements in this area.