Tort Reform

Chamber Targets State AGs' Conduct

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The U.S. Chamber of Commerce has released a set of conduct proposals it claims will allow state attorneys general to pursue wrongdoers while protecting due process rights of investigation targets.

“Some state AGs are increasingly using civil litigation to reap power, publicity and political advantage, so it is critical that they hold themselves to the highest ethical standards akin to those applicable to federal and state regulators and other government prosecutors,” Lisa Rickard, president of the Chamber’s Institute for Legal Reform, said according to a news release.

The proposed Code of Conduct was presented today at the 8th Annual Legal Reform Summit.

Among the proposed code provisions, AGs must:

– Not initiate unwarranted investigations or litigation and must not use the threat of criminal process to obtain an advantage in a civil matter.

– Give reasonable notice to potential defendants prior to bringing a civil action.

– Refrain from public communications that could prejudice a case.

– Limit involvement in multi-state activities to conduct which significantly impacts their own state.

– Open the hiring of any outside counsel to public scrutiny and must not enter into contingency-fee arrangements in cases involving the use of the state’s police power.

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