Introduction

In numerous areas, attorneys general hire outside counsel, and such hires are often uncontroversial because they bring in an expertise lacking in the AG’s office, involve one-off cases, concern matters located far from the AG’s office, or do not raise recurring public policy issues, such as collection actions. Outside counsel are controversial when the outside counsel are handling hot button issues, involve contingency  counsel bringing cases on behalf of the state, or suggest a “pay-to-play” relationship.

All AGs use outside counsel, and much of that is uncontroversial. We, of course, focus instead on the controversy. We ask whether the use of outside counsel in FL, SC, and NC was appropriate. The NM reading and the proposed legislation from ALEC attempt to address the concerns over pay-to-play and the like. Are these good solutions?