It’s not unusual for Attorneys General or Governors to hire counsel from private law firms when they believe they need special expertise or legal services. Now a bill to rein in spending and hold both officeholders accountable for outside counsel they seek on the taxpayer's dime has passed the State Senate. They also would have to explain why the special counsel IS in the public interest before entering into a contract.
The bill not only caps the contingency fee that outside special counsel can charge, but requires the Governor or Attorney General to provide written reports explaining the cost-effectiveness. Bill sponsor Senator Mark Obenshain says this is especially essential when large law firms solicit states to join a lawsuit.
"Not because the state has found something that's been done wrong but because they have scoured and have decided that they have a corporate target or some other target that they want to go after and they've identified that as a revenue opportunity."
Obenshain says the fees could rack up into the tens of millions and the outcome doesn't always benefit Virginia residents-so the bill will keep badly needed funds within the state’s coffers.
