This lawsuit won’t be costing Hilton Head taxpayers quite as much — for now
Hilton Head taxpayers won’t be digging as deep in their wallets — at least for now — to pay for a defamation lawsuit by Town Council member Kim Likins against government critic Skip Hoagland.
After discussing the matter in a closed session Tuesday, the Town Council voted unanimously in its regular meeting to switch the payment method to two law firms representing Likins — the Alford Law Firm of Hilton Head, which is the town’s general outside counsel; and the Walker Gressette Freeman & Linton law firm of Charleston — from hourly billing to a contingency fee arrangement.
Under the switch, the town won’t pay any more hourly attorney fees. Instead, 30 percent of any award to Likins would be paid to the law firms; out of the remaining 70 percent of the award, the town would be reimbursed for its costs, with any leftover balance going to Likins.
To date, the town has spent a total of $198,938.57 on the lawsuit, town records show. The suit was filed in December 2015 in Beaufort County Circuit Court.
“As the bills have mounted, council had expressed concerns about how much it was costing,” said Steve Riley, town manager, when contacted Wednesday. “It always was the intent that the town would be repaid first, but it’s not been clearly spelled out (until now).”
If Likins does not win her case against Hoagland, the town would not owe any more attorney fees going forward, Riley said. But town staff attorney Brian Hulbert said Wednesday the town will pay litigation costs under the new payment method. According to the resolution, those costs include “filing fees, expert witness fees, court reporter fees and any other non-attorney fee litigation costs.”
“They know they can’t spend any more tax money and get away with it,” Hoagland said when contacted Wednesday. “If the taxpayers are funding this lawsuit, any money should go back to the taxpayers — not Kim Likins.”
Hoagland is seeking $10 million in a countersuit against the town, alleging the town is illegally funding Likins’ suit against him. Known for his long email missives and speaking out at public meetings, he has been a vocal critic of Hilton Head and Bluffton town officials, the Hilton Head Island-Bluffton Chamber of Commerce, Beaufort School District officials, and others.
Likins said Wednesday her attorneys advised her not to comment on her lawsuit or the resolution passed Tuesday by the Town Council. She alleges in her suit that Hoagland made defamatory statements about her in connection with her roles as the Hilton Head Boys & Girls Club director and Town Council member. Among other things, she is seeking damages and recovery of other costs.
Hoagland is also facing another defamation suit filed last week by Bluffton mayor Lisa Sulka.
The taxpayer funds spent so far by Hilton Head on Likins’ suit have been charged, according to town finance director John Troyer, to the Town Council’s “legal fees line item” — the same part of the town budget tapped for at least $11,500 in legal fees to the Columbia-based McNair Law Firm, which was secretly hired by the council to deal with Riley’s ongoing employment situation.
Alex Kincaid: 843-706-8123, @alexkincaid22
This story was originally published August 2, 2017 at 6:05 PM with the headline "This lawsuit won’t be costing Hilton Head taxpayers quite as much — for now."