S*1045 Session 112 (1997-1998)
S*1045 Concurrent Resolution, By Ford, Anderson, Bryan, Elliott, Glover,
Holland, Hutto, Jackson, Land, Leventis, Matthews, McGill, Patterson, Rankin,
Reese, Russell, Saleeby and J.V. Smith
A CONCURRENT RESOLUTION 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.
02/18/98 Senate Introduced SJ-7
02/18/98 Senate Referred to Committee on Judiciary SJ-8
A CONCURRENT
RESOLUTION
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.
-----XX----- |