| (1) |
The attorney general shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish public disclosure, transparency, accountability, reasonable fees and limits on fees, and reporting in relation to the procurement of outside counsel, expert witnesses, and other litigation support services. |
Terms Used In Utah Code 67-5-32
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
The rules described in Subsection (1) shall:
| (a) |
ensure that a procurement for outside counsel is supported by a determination by the attorney general that the procurement is in the best interests of the state, in light of available resources of the attorney general’s office; |
| (b) |
provide for the fair and equitable treatment of all potential providers of outside counsel, expert witnesses, and other litigation support services; |
| (c) |
ensure a competitive process, to the greatest extent possible, for the procurement of outside counsel, expert witnesses, and other litigation support services; |
| (d) |
ensure that fees for outside counsel, whether based on an hourly rate, contingency fee, or other arrangement, are reasonable and consistent with industry standards; |
| (e) |
ensure that contingency fee arrangements do not encourage high risk litigation that is not in the best interests of the citizens of the state; |
| (f) |
provide for oversight and control, by the attorney general’s office, in relation to outside counsel, regardless of the type of fee arrangement under which outside counsel is hired; |
| (g) |
prohibit outside counsel from adding a party to a lawsuit or causing a new party to be served with process without the express written authorization of the attorney general’s office; |
| (h) |
establish for transparency regarding the procurement of outside counsel, expert witnesses, and other litigation support services, subject to:
| (ii) |
other applicable provisions of law and the Utah Rules of Professional Conduct; |
|
| (i) |
establish standard contractual terms for the procurement of outside counsel, expert witnesses, and other litigation support services; and |
| (j) |
provide for the retention of records relating to the procurement of outside counsel, expert witnesses, and other litigation support services. |
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Amended by Chapter 18, 2017 General Session
