Last week, The New York Times ran a piece exposing the cozy relationship between plaintiffs’ attorneys and some state attorneys general. The “partnership,” as the Times called it, can result in cases with big payouts—a significant share of which go to the private lawyers. That’s why they aggressively encourage AGs around the country to bring consumer protection lawsuits, and also why, the story implied, plaintiffs’ lawyers frequently make campaign contributions to the state officials who can bring them such business.
Among the states that figured into the story was Washington. Our attorney general’s office was on the receiving end of pitches sent by the story’s leading character, a Washington DC-based plaintiffs’ attorney named Linda Singer. The story never said if Attorney General Bob Ferguson took Singer up on any of her offers.
It suggested, however, that Ferugson was favorably disposed toward a plea from another plaintiffs’ attorney to file an amicus brief in a U.S. Supreme Court case that threatened the ability of this partnership to work on securities fraud cases. On its website, the Times’ published an e-mail exchange from January between Ferguson and the attorney making the plea, Patrick Lynch of Rhode Island.
In his e-mail, Lynch said he was writing on behalf of three law firms—two of which, according to state Public Disclosure Commission records checked by Seattle Weekly, had principals who donated to Ferguson’s 2012 campaign. Grant Stuart of Grant & Eisenhofer gave $1,800, while David Kessler of Kessler Topaz Meltzer & Check chipped in roughly $1,200. (A fourth firm not mentioned by Lynch–Cohen Milstein Sellers & Toll, among whose partners is Singer — threw in another $1,800.)
“We will get back to you soon,” Ferguson replied to Lynch.
Reached today by phone, Ferguson acknowledges that he joined 15 or 20 other attorneys general in signing an amicus brief in the case. But he downplays the significance, saying that his office is continually asked to submit amicus briefs. As an example, he says his office recently filed a brief supporting immigrant rights groups seeking the right to representation of unaccompanied minors facing deportation.
More crucially, he says that while he’s received pitches from plaintiffs’ lawyers looking to drum up business on a contingency fee basis, he’s never taken them up on it. “I’m not saying I never would,” he adds. “There may be times when it’s appropriate.” He notes that his predecessor, Chris Gregoire, used private attorneys to fight “Big Tobacco” and help win a huge settlement for this state and others around the country.
But, Ferguson says, “it would have to be the right case. And I suspect it would be rare.”
As for why out-of-state plaintiffs’ attorneys contributed to his campaign, Ferguson says “you’ll have to ask them.” For his part, he suggests he was not in a position to turn down money. In that race, a PAC founded by Karl Rove spent nearly $3 million on ads attacking Ferguson.
Yet, the attorney general points to a passage in the Times story that he says shows that he hasn’t exactly been at the beck and call of his donors. “I fear that I’m stalking you with my voice mail messages and thought I’d switch media,” the paper quotes Singer as writing to Ferguson in an e-mail late last year.
