Executive Order on contingency fee restrictions for government attorneys

Brian F. LaBovick, Esq. — Fri, 25 May 2007 01:53:16 -0500

I came across an interesting post today on the blog site of Eric Turkewitz, Esq. (author of newyorkpersonalinjuryattorneyblog) on the ban of contingency fees for government attorneys. Although it is a blog dedicated to Personal Injury , Attorney Turkewitz raised some valid points on justice for taxpayers. He stated that " any government contract is subject to potential problems, a subject often seen with military and construction contracts. At least with contingency fees the taxpayers won't have to lay out any money, and recovery will only come if the suit is successful. This will cost the taxpayers in the long run, with higher expenses and lower recoveries."

President Bush's Executive Order on contingency fees legal and expert witness services provided to or on behalf of the United States, really gives us food for thought. Whose interest are they looking out for? The public or someone else? Yes, the emphasis appears to be on protecting the American taxpayer, but does it have some underlying hidden agenda? Only time will tell.

The order adresses contingency fee attorneys, but it does not put any caps on private counsel being paid at an hourly rate. Maybe because, typically these attorneys are being paid by large corporations instead of the average taxpayer. The order should address both sides of the issue, not punish one and completely avoid the other. Time will tell if this proves to be helpful to the average taxpayer. I am not holding my breath.

Let's hope this new Executive Order does not hinder the process for whistleblowers and success in the prosecution of qui tam fraud.

Click Here to read the Executive Order that was signed last week, May 16, 2007.

taxpayer - Whistleblower Law Blog

Executive Order on contingency fee restrictions for government attorneys