Week 10- The Relationship of the Attorney General and Private Litigants | gnh2104 | September 09, 2011

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Week 10- The Relationship of the Attorney General and Private Litigants

Original Creator: thgrayson Current Version: gnh2104 Show/Hide

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.

  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.
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