Blawgletter has noted cases, in California and Rhode Island, that question the ethics and legality of public entities' hiring of private lawyers to handle civil claims on a contingent fee basis.
We've also said we think states, cities, counties, villages, hamlets, and wide spots in the road should, and rightly do, enjoy the option of paying lawyers a fee only if they win.
Meanwhile, a trial court in the Maritime Province of New Brunswick rejected tobacco companies' attack on NB's fee deal with its lawyers. Court of Queen's Bench Judge Thomas Cyr ruled, according to the Canadian Broadcast Corporation:
The assertion advanced by the defendants that all government lawyers have a duty distinct from any owed by non-government lawyers to act 'impartially' is, in my view, incorrect.
The public interest duties applicable to government lawyers in civil litigation matters are distinct from those applicable to Crown prosecutors in that government lawyers acting in civil litigation matters are not subject to a duty of impartiality.