Disclosure and oversight principles must be followed when using outside counsel
John Pastuovic, president of the Illinois Civil Justice League hand delivered a letter to Madison County’s elected officials encouraging them to put taxpayers first when considering whether litigation against the pharmaceutical industry is a proper remedy for addressing opioid crisis. The letter was addressed to County Board Chairman Kurt Prenzler, State’s Attorney Tom Gibbons, County Board Judiciary Committee Chairman Mike Walters, and the members of the Madison County Judiciary Committee.
Pastuovic strongly urged the elected leaders to reject the use of a contingency fee agreement with a plaintiffs’ firm if they pursue litigation. “Much research exists on the abusive relationships that can develop between state prosecutors and plaintiffs’ lawyers when contingency fee arrangements with outside counsel are used,” Pastuovic said. “In fact, the Manhattan Institute Center for Legal Policy in 2011 extensively detailed the potential conflicts of interest that exist in the ‘unholy alliance between attorneys general and the trial bar’ in pursuing this type of litigation,” he added.
The elected leaders were reminded that Madison County residents are familiar with the Illinois’ attorney general’s use of plaintiff attorneys with contingency fee arrangements to sue tobacco manufacturers.
“Plaintiff firms in that case nationwide pocketed $30 billion in lawyers’ fees, estimated at a cost of more than $10,000 per hour,” Pastuovic continued.
If Madison County chooses to pursue a claim utilizing outside counsel through a contingency fee agreement, the ICJL strongly suggests its elected leaders consider the disclosure and oversight principles outlined by the Manhattan Institute Study. It delineates three main factors in avoiding abusive contingency agreements:
• Competitive Bidding, with the inclusion of prohibitions on political contributions between county officials and the chosen firms and their attorneys
• Legislative Oversight, building upon the discussion started between Mr. Gibbons and Mr. Walters and his committee
• Fee Standards, to limit the overall hourly rate charged to taxpayers for the representation
“Madison County elected officials face the challenging issues of public policy and public administration when pursuing these claims,” stated Pastuovic. “Taxpayers deserve to know the details about who is representing them and at what cost,” he concluded.