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Attorneys General Should Limit Use Of Outside Counsel


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The Short Story

Private-sector legal counsels and state attorney generals shouldn't be teaming up to rip off wealthy defendants, but that's been happening more frequently than you'd think. This article has more.

Thanks to the Journal's Kimberley Strassel (" Challenging Spitzerism at the Polls ," Potomac Watch, Aug. 1) for shining a light on the growing problem of activist state attorneys general and the trial lawyer cronies and political patrons they frequently hire -- with backroom handshakes -- to sue "deep pocket" defendants, largely for their own benefit.

While there may be occasions when a state attorney general might justifiably need to hire private-sector legal counsel to pursue technically complicated or scientifically complex litigation against an alleged wrongdoer, such contracts should generally be subject to competitive bidding, legislative oversight and public scrutiny via Internet postings.

Outside counsel should be required to keep and provide detailed records of the work they perform, and all damages in excess of $250,000 that the state may be awarded in litigation should be deposited in the state treasury for appropriation by lawmakers. State attorneys general should not be allowed to divert such monies to slush funds they arbitrarily control.

 

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Category: Legal Concerns

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