Chapter 8: The Relationship of the Attorney General and Private Litigants. | thgrayson | July 25, 2011

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Chapter 8: The Relationship of the Attorney General and Private Litigants.

by thgrayson Show/Hide

The Relationship of the Attorney General and private litigants

Attorneys general do not operate in a vacuum and are very often not the only parties on their side of a case. With the realities of state budget reductions and the increased scope of the matters that attorneys general address, it is not surprising that attorneys general are often offered assistance by private litigants and their lawyers sometimes on a contingency basis.

This Chapter explores the legal and ethical issues that arise from this practice.

The readings are grouped into two categories, e.g. retention of plaintiff counsel and retention of defense counsel.

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  1. 1 Show/Hide More Plaintiff
    Original Creator: thgrayson

    With the certification of private class action cases becoming more and more difficult, private class counsel often seek to be retained by attorneys general to pursue consumer, antitrust and qui tam matters.

    This practice is strongly opposed by business organizations such as the U.S. Chamber of Commerce and there has been substantial litigation on whether attorneys general are legally allowed to retain contingent counsel.

    1. 1.1 Show/Hide More State of Rhode Island v. Lead Industries Association, Inc.
      Original Creator: thgrayson
    2. 1.2 Santa Clara
    3. 1.3 State Attorneys General and Contingency Fee Arrangements: An Affront to the Neutrality Doctrine?
    4. 1.4 Rethinking the Public-Private Distinction in Legal Ethics: The Case of "Substitute" Attorneys General
    5. 1.5 Nevada Contingent Fee Arrangement
    6. 1.6 Payment by Attorney General in MCI Case at Issue
    7. 1.7 Fourth Circuit Sends W.Va.'s Drug-Pricing Case to State Court
  2. 2 Show/Hide More Non-Contingent
    Original Creator: thgrayson
    Numerous organizations and businesses are anxious to have state attorneys general support litigation efforts for policy and legal reasons. These organizations take comfort in that an attorney general or group of attorneys general are on “their side.” If they succeed in attracting an attorney general to their efforts, they are also able to take advantage of the unique standing that attorneys general possess that might not be available to private litigants. Because attorneys general budget's are restricted, these parties often offer to under right the costs of the litigation.
    1. 2.1 Lobbying Group Picks up Costs of Florida's Health-Care Legal Challenge
    2. 2.2 AG Defends Outside Counsel Decision
    3. 2.3 Show/Hide More American Electric v. Connecticut
      Original Creator: thgrayson
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