This Sunday's Wilmington News-Journal ran an excellent article describing the increasing amount of money paid by Delaware taxpayers to outside lawfirms.   Over the last 30 years and over the bi-partisan objections of a number of Delaware AG's, Delaware Governors and Legislatures have funneled legal defense work away from public lawyers and into private law firms.

I am quoted in the story as saying that except in extraordinary circumstances, public legal work should be in the hands of public lawyers.  "It is less expensive, but I don't focus on the money.... Government attorneys have a better prespective, and understand their client.   They are more apt to realize they represent the public."

Delaware is clearly allowing private lawyers to represent the state on recurring defense matters.  Current Del. AG Jospeh "Beau" Biden is attempting to show the legislature that hiring a few more assistant attorneys general in key areas would both save the state money and improve the quality of legal services.   I wish him luck as he pushes back against a long Delaware history.

This is not to say that there are not times when private attorneys should be retained by state government for the purposes of both defense and civil prosecution.   I believe that those instances should be rare and on non-recurring matters where it does not make sense to build up internal AG expertise.  The painful bottom line is that Delaware simply retains private counsel far too often.  The state should listen to its Attorney General and change the practice.

http://www.delawareonline.com/apps/pbcs.dll/article/AID=2008803090359