Jul 27, 2010
Cities and Counties Can Use Contingency Lawyers, Calif. Justices Rule
The California Supreme Court has carved out an exception to a quarter-century-old ruling banning cities and counties from hiring private counsel to handle public-nuisance suits on a contingency fee basis. The court said such hirings are acceptable if government lawyers retain complete control over all critical decision making, providing “a safeguard against the possibility that private attorneys unilaterally will engage in inappropriate prosecutorial strategy and tactics geared to maximize their monetary award.”