The lawyers in Rhode Island on the lawsuit are some of the best-known attorneys — former Rhode Island Attorneys General Patrick Lynch and Jeffrey Pine.
Lynch and Pine filed the suit in conjunction with Pennsylvania law firm Kessler Topaz Meltzer & Check, LLP
The two lawyers, Pine and Lynch, are also prolific donors to Providence Mayor Brett Smiley's political campaign.
The contract to the lawyers was not bid out — it was given to the lawyers by the Smiley administration.
Former AG Patrick Lynch - he received social media lawsuit legal work.Donations
Patrick Lynch has made seven donations to Smiley’s campaign totaling $5,150, and Jeffrey Pine made another eight donations. Pine’s donations total $1,225.
For years, Lynch, Pine, and Smiley’s political consulting firms all shared office space on the 5th floor of 1 Park Row in Providence.
In 2017, companies that Governor Gina Raimondo’s Chief of Staff Brett Smiley owns received payments from many prominent Democrats, including payment from one of the House Democratic Leadership PACs and a $2,030 payment from then-federal inmate and former Rhode Island Speaker of the House Gordon Fox.
Smiley earns $176,419 as Raimondo's Chief of Staff.
Over the past five years, Rhode Island state and local candidates have paid a web of Smiley-owned companies just under $300,000. Federal candidates both in Rhode Island and around the country have paid Smiley’s firms hundreds of thousands in additional payments.
“Smiley's continued ownership of the firm raises the questions that have yet to be answered. In the past we've told GoLocal that Common Cause believes Smiley should seek an advisory opinion from the Rhode Island Ethics Commission with respect to his continued ownership of the consulting firm,” said John Marion, head of Rhode Island Common Cause.
In 2020, Smiley told GoLocal he was giving up his interest in the political consulting firms in preparation of running for mayor of Providence.
Former Providence Mayor Jorge Elorza and then his COO Brett SmileyNo Bid
The legal contract to sue the social media giants was awarded to the firms without going to public bid.
Mayors, including two-time convicted felon Vincent “Buddy” Cianci, Jr. bid out legal services as the City Charter requires.
The Board of Contract and Supply presides over all purchasing and procurement over $5,000 (which must go out to bid) of materials, supplies, services, equipment, and all other necessary categories of procurement for the city of Providence.
"The City does not have to go out to bid for legal counsel. Kessler Topaz is representing us in this litigation and they selected Lynch & Pine as their local counsel," said Patricia Socarras, Director of Communications for Smiley.
The proliferation of outside legal work without competitive bids exploded under former Providence Mayor Jorge Elorza’s administration. Smiley served as Elorza's chief operating officer during the time that the "no bid" legal contract policy was instituted.
Elorza’s legal counsel, city solicitor Jeff Dana made the policy. Smiley reappointed Dana.
The City Council has never challenged the no-bid legal contracts:
Legal fees paid by the Elorza Administration to outside law firms have exploded — up more than 100 percent and now have hit two million dollars a year. Correspondingly, the Elorza campaign has raised more than $160,000 from a variety of law firms in and around the city.
These outside lawyers have not decreased the cost of supporting the city’s in-house legal Department — those costs too have risen under Elorza and now top $3 million annually for salaries and benefits.
In contrast, in Angel Taveras’ last full year as Mayor, total fees paid to outside law firms were just over $1 million.
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