In what could lead to a major setback for affirmative litigation in California, a Santa Clara County judge has told several cities and counties they can't contract with private lawyers on a contingency basis in their nuisance suit against lead paint manufacturers. The ruling says lawyers for the government are supposed to be neutral, a stance that's not possible when a contingency fee is riding on the outcome of their efforts.
April 06, 2007 at 12:00 AM
1 minute read
The original version of this story was published on National Law Journal
In what could lead to a major setback for affirmative litigation in California, a Santa Clara County judge has told several cities and counties they can’t contract with private lawyers on a contingency basis in their nuisance suit against lead paint manufacturers.
The ruling by Judge Jack Komar says lawyers for the government are supposed to be neutral, a stance that’s not possible when a contingency fee is riding on the outcome of their efforts.
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