| FOR IMMEDIATE RELEASE | CONTACT: | Darren McKinney dmckinney@atra.org 202-682-0084 |
Washington, DC, April 23, 2007 -- The American Tort Reform Association today called for increased transparency and accountability from state attorneys general as it released a new survey showing that Americans want these powerful state officials to adhere to fundamental standards of good-government when they enter contracts with private sector personal injury law firms.
In each of five states surveyed - Alabama, California, Ohio, Wisconsin and West Virginia - roughly three of every four respondents said that all contracts that state attorneys general (AGs) make with outside lawyers should be posted on the Internet for public inspection. Approximately 85 percent of those surveyed in each state also believed that AGs should require outside lawyers working for their states on a contingency fee basis to keep detailed records of their hours and specific work performed. (The full survey results are posted on ATRA's dedicated AGAgendaWatch website, www.agwatch.org.)
"In several states today, attorneys general are working hand-in-glove with their political supporters in private sector law firms, using the awesome power of the state to target entire industries with litigation," explained ATRA president Sherman Joyce, noting recent lawsuits against paint and pigment manufacturers, pharmaceutical companies and makers of other consumer products.
"Frequently enough such litigation seeks to achieve public policy ends that couldn't be achieved through democratic legislative and regulatory processes. But sometimes these lawsuits appear to be little more than thinly disguised efforts both to boost the media profiles of attorneys general and enrich their political friends," Joyce continued.
"Too often these arrangements are governed by non-competitive contracts that are negotiated behind closed doors," he said, "and the contingency fees upon which these contracts are typically based give private lawyers, backed by state authority, a pernicious incentive to maximize the damage awards a defendant may be obligated to pay, even if civil justice is minimized in the process."
Believing that relationships between attorneys general and personal injury law firms pose a considerable threat to constitutional democracy and certain state economies, Joyce added that "these relationships require public scrutiny and legislative oversight." He said the public apparently agrees.
"Our survey is a first step in ATRA's renewed effort to shine more light on and demand greater accountability from our state attorneys general. There is overwhelming public support for much more transparency, and three-quarters of our survey respondents go so far as to support a national code of ethics to regulate the relationships between personal injury lawyers and state AGs," Joyce concluded.
ATRA's survey was conducted in five key states across the country, all of which have either newly-elected or historically activist attorneys general. Survey details follow below.
ATRA Attorney General Survey Results from
Alabama, California, Ohio, West Virginia and Wisconsin
Grid: Yes | No | Unsure (Percentage)
|
Questions:
(Answers expressed in percentages) |
Alabama (N=600) 2/27-28 +/- 4.1%
Yes | No | ? |
California (N=1,000) 2/27-3/4 +/-3.1%
Yes | No | ? |
Ohio (N=800) 2/27-3/1 +/-3.5%
Yes | No | ? |
West Virginia (N=600) 3/5-6 +/-4.1%
Yes | No | ? |
Wisconsin (N=600) 2/27-3/1 +/- 4.1%
Yes | No | ? |
||||||||||
|
Should the Attorney General publicly disclose all contracts with outside lawyers and make those contracts easily available for public inspection on the Internet? |
78 |
15 |
7 |
73 |
17 |
11 |
77 |
15 |
8 |
74 |
15 |
11 |
74 |
18 |
8 |
|
Should the Attorney General competitively bid contracts for outside lawyers? |
66 |
27 |
7 |
64 |
23 |
13 |
68 |
23 |
9 |
59 |
27 |
14 |
66 |
25 |
10 |
|
Should the Attorney General allow the Legislature to review contingency fee contracts with outside lawyers before signing them? |
69 |
25 |
6 |
71 |
20 |
9 |
73 |
20 |
6 |
69 |
23 |
9 |
72 |
23 |
5 |
|
Should the Attorney General require outside lawyers working on a contingency fee basis to release detailed records of the hours they work and what they do? |
87 |
12 |
1 |
83 |
13 |
5 |
87 |
11 |
3 |
87 |
9 |
4 |
87 |
11 |
2 |
|
Should the Attorney General allow revenue generated from lawsuit settlements to be treated like all other state revenue and be appropriated by the legislature before it can be spent? |
76 |
19 |
5 |
71 |
17 |
12 |
74 |
17 |
9 |
75 |
16 |
10 |
76 |
18 |
6 |
|
Would you support the creation of a National Code of Ethics to govern contracts for outside lawyers for state Attorneys General across the country? |
74 |
23 |
3 |
72 |
21 |
6 |
78 |
18 |
4 |
80 |
14 |
6 |
77 |
19 |
4 |
Research Methodology
The American Tort Reform Association (ATRA) commissioned the Tarrance Group to conduct an objective scientific survey with adults over 18. Interviews were conducted by phone. All respondents interviewed were part of a fully representative sample based on the latest census figures within the state. The confidence interval associated with a sample of this type is such that 95 percent of the time results will be within the stated margins of error of the "true values" where "true values" refer to the results obtained if it were possible to interview every adult in each state.
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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.
© 2007 American Tort Reform Association