Current Status Bill Number:1045 Type of Legislation:Concurrent Resolution CR Introducing Body:Senate Introduced Date:19980218 Primary Sponsor:Ford All Sponsors:Ford, Patterson, Leventis, Rankin, Glover, J. Verne Smith, Bryan, Land, Jackson, Matthews, Elliott, Hutto, Holland, Saleeby, Russell, Anderson, McGill, and Reese Drafted Document Number:jud9048.rf Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Attorney General not to appoint private counsel, contingency fee agreements; Courts, State Government, Requests
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19980218 Introduced, referred to Committee 11 SJView additional legislative information at the LPITS web site.
TO REQUEST THAT BEFORE THE ATTORNEY GENERAL ENTERS INTO ANY FUTURE CONTINGENCY FEE AGREEMENTS WITH OUTSIDE COUNSEL FOR REPRESENTATION ON BEHALF OF THE STATE OF SOUTH CAROLINA THAT THE ATTORNEY GENERAL FORWARD TO THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE THESE AGREEMENTS FOR THEIR REVIEW AND APPROVAL.
Whereas, the State of South Carolina has joined a number of states in suing large cigarette companies in order to be reimbursed for the health costs associated with smoking-related illnesses; and
Whereas, the Attorney General negotiated contracts with seven firms to handle the lawsuit on behalf of the State and set the fees that these firms could receive; and
Whereas, it has been projected that a settlement of South Carolina's lawsuit against the cigarette companies could result in more than a three billion dollar recovery by the State of South Carolina; and
Whereas, these original contracts negotiated by the Attorney General could have generated fees for those law firms of perhaps eight hundred million dollars despite the fact that most of the difficult legal issues had been dealt with by attorneys in other states; and
Whereas, the public outcry over the questionable manner of selection of these law firms and the potential enormous attorney's fees they could generate led the Attorney General to hire an African-American firm and to renegotiate the attorney's fees; and
Whereas, these eight law firms could share under the renegotiated contracts attorney's fees of upwards of three hundred million dollars or approximately thirty-eight million dollars per firm; and
Whereas, this money could be used by the State to fund myriad programs for the benefit of all South Carolinians including the building of low-cost housing, roads, bridges, schools, and funding of scholarships for our state's children; and
Whereas, the Attorney General's Office possesses adequate experience, personnel, and resources to competently protect the interests of the State of South Carolina in this matter without resorting to the hiring of private counsel. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That before the Attorney General's Office enters into more contingency fee agreements with outside counsel for representation on behalf of the State of South Carolina that the Attorney General forward that agreement to the House Ways and Means Committee and the Senate Finance Committee for their review and approval.
Be it further resolved, that a copy of this resolution be forwarded to the Attorney General.