August 27, 2013
Legislation will ensure that contracts with outside counsel are open and procured through a competitive process; will establish caps on the fees collected by outside counsel
CHANTILLY – Senator Mark Obenshain today proposed to adopt Transparency in Private Attorney Contracts legislation that would establish caps on fees collected by outside counsel retained by the Office of the Attorney General and would ensure that contracts with outside counsel are open and procured through a competitive process.
Speaking about the proposal, Obenshain said, "As part of my commitment to transparency, accountability, and fiscal responsibility, I will advocate for the adoption of the Transparency in Private Attorney Contracts Act (TIPAC) in Virginia, legislation to ensure that the actions of the Attorney General's office always benefit the office's ultimate client: the people of Virginia. The Office of the Attorney General frequently retains outside counsel to pursue specialized litigation on behalf of the Commonwealth; this legislation will ensure that these contracts are open and procured through a competitive process, and will establish caps on the fees collected by outside counsel to ensure that the interests of all Virginians come first. And with or without the passage of such legislation, as Attorney General, I will always insist on an open and transparent process because the Attorney General is the people's lawyer."
Speaker Bill Howell said, "In 2002, I put forward legislation to ensure transparency in the retention of outside counsel in the Attorney General's Office and to take advantage of a competitive bidding process for large contracts. This proposal builds on that successful measure. It will increase transparency and allow us to better safeguard taxpayer dollars. I look forward to working with Mark Obenshain to enact this important proposal."
In 2002, Speaker Bill Howell carried legislation that required a competitive process for legal services if the fees were reasonably expected to exceed $100,000. Senator Obenshain's proposal builds on that legislation and would establish caps on fees and ensure that all contracts with outside counsel are open and procured through a competitive process. Similar transparency legislation has been enacted in seven states, including Alabama, Arizona, Florida, Indiana, Iowa, Mississippi, and Missouri.
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