ATRA'S 'AG WATCH' LAUDS CANDIDATE'S EMBRACE OF TRANSPARENCY
AGAIN URGES INCUMBENT TO DO THE SAME
WASHINGTON, D.C., July 17, 2008 - The American Tort Reform Association today applauded Dan Greear, a Republican candidate for West Virginia attorney general, for his endorsement of ATRA's “transparency code” and pledge to increase accountability in the attorney general’s office if elected this fall.
ATRA again encouraged the incumbent attorney general, Darrell McGraw (D) to endorse the transparency code as he seeks reelection.
"We welcome Greear's commitment to letting the sunshine of public scrutiny illuminate the workings of government,” said ATRA president Tiger Joyce. “Of course, we look forward to working with either Sen. Greear or Attorney General McGraw to make state government more responsive and sensitive to citizens' 'right to know.'
"As personal injury lawyers increasingly pressure state attorneys general to hire them to file lawsuits against companies from which they can win tens of millions of dollars in fees, citizens and taxpayers have the right to know why certain lawyers are selected for these lucrative contracts, precisely how much they are receiving and what they actually do for the money. Our transparency code speaks to those issues and is otherwise designed to boost accountability and good government."
ATRA unveiled its voluntary transparency code last September as a means to stimulate debate in states that have not already enacted laws requiring their attorneys general to meet such standards. ATRA’s transparency code follows immediately below:
ATRA Attorney General Transparency Code
State attorneys general need the discretion and independence to enforce the laws of their respective states free from the influence of parties that may have a private interest in the outcome of litigation.
Litigation can be sufficiently complex, time consuming and expensive that at certain times, and on certain occasions, it may be necessary for state attorneys general to retain the services of outside legal counsel to perform work on behalf of the state.
To ensure transparency in these contracting processes and relationships, these five principles should be followed:
A. DISCLOSURE: All contracts with vendors, including outside counsel, who provide services to the state or perform legal work in the name of the state, should be posted on the Internet for public inspection.
B. VALUE: In every instance, the attorney general should seek to provide the highest quality services at the best value to state citizens when contracting with outside counsel. Unless an extraordinary situation requires assistance from a specific legal expert with technical or scientific experience not generally available, every effort should be made to competitively bid contracts for outside counsel.
C. OVERSIGHT: Given that contingent fee-based contracts are often used when attorneys general are pursuing litigation that potentially has a significant public policy or regulatory impact, such contracts should be subject to review by the Legislature.
D. REPORTING: Outside counsel providing services to the attorney general on behalf of a state’s citizens and taxpayers on a contingent fee basis shall be required to disclose detailed information on the hours worked, services performed, and fees received from the state, as long as this reporting does not undermine the attorney-client privilege.
E. ACCOUNTABILITY: All monies recovered by the attorney general in excess of $250,000 as a result of lawsuits won or settled by the state should be deposited in the state treasury for appropriation by the legislature unless a settlement with the attorney general’s office stipulates that the funds shall be allocated to a specific entity. At no time, shall an attorney general enter into a settlement that allows the office of the attorney general to disseminate funds at its discretion.
-ATRA-
The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level.
AG Agenda Watch is a project of the American Tort Reform Association that monitors the litigation and political agendas of state attorneys general who, since the mid-1990s, have increasing y, if quietly, worked with personal injury lawyers to target entire industries with lawsuits, sometimes turning accepted legal practices and theories on their heads while seeking to create public policy through the courts instead of legislatures.
