Since the landmark recoupment lawsuits against the tobacco industry, state attorneys general have sought to recover costs from other industries, including firearms and pharmaceuticals, by partnering with the personal injury bar to sue whole industries. The growing trend of “regulation through litigation” presents more opportunities for government retention of personal injury lawyers on a contingent fee basis, and more opportunities for abuse. The personal injury bar’s opposition of “sunshine” legislation governing government retention of personal injury lawyers protects the multi-million-dollar contingent fees that the personal injury bar hopes to recover from future “regulation through litigation” partnerships with government.
In state recoupment litigation against the tobacco industry, most states retained personal injury lawyers on a contingent fee basis to assist them with their litigation. Many of these contracts, inked without competitive bidding, and with little or no outside oversight, were rife with political favoritism, inside dealing, and in at least one case, amid the stench of corruption. Many of these billion-dollar fees (which bore little or no relation to the value of the work performed) are being strategically reinvested into the political process, and into still more litigation.
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What Can Be Done
Support “sunshine” legislation that requires legislative approval of most large contingent fee contacts between government and personal injury lawyers, requires personal injury lawyers to keep track of their time spent on government cases, and reasserts the legislature’s oversight of “regulation through litigation.”
Op-Eds
August 20, 2023 Miami Herald Op-Ed: Private Attorneys Hired by State Should Not Reap a Windfall at Taxpayers’ Expense
June 22, 2023 Albuquerque Journal Op-Ed: What happened to AG’s promise to use in-house counsel for large lawsuits?
February 15, 2023 Real Clear Policy Op-Ed: A Time for Choosing at the National Association of Attorneys General
October 3, 2022 Washington Examiner Op-Ed: The nation’s oldest attorney general organization is broken — here is how to fix it
August 26, 2022 The Tennessean Op-Ed: Tennessee’s opioid crisis requires legislative changes, not more lawsuits
July 31, 2022 Inside Sources Op-Ed: AG Group Is Turning Civil Justice System Into a For-Profit Business
April 14, 2022 Washington Examiner Op-Ed: National Attorneys General Organization Has Turned Into a Factory for Shady Litigation