Institute for Legal Reform: Issues Resource Center: State Attorneys General

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State Attorneys General

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State Attorneys General

About State Attorneys General

Some state attorneys general have become increasingly overreaching in recent years, initiating crusades against one industry after another, and often working in tandem with personal injury lawyers “deputized” to file lawsuits on behalf of state government.

An Expanding, Politicized Role

Certain state attorneys general are operating in a competitive and politically charged environment, where “activism” is the norm and generating media headlines as a “crusader” is an ever-present goal. Much like activist judges whose decisions create new laws and expand lawsuit rules, some attorneys general have been aggressively investigating and filing lawsuits in areas where they previously had not been involved or which traditionally fell within the province of federal authority.

This trend accelerated after the tobacco lawsuits of the 1990’s generated significant state revenue as well as huge profits for certain plaintiffs’ lawyers. Other major state attorney general initiatives have included lawsuits against manufacturers, utilities, software companies and financial services, among others.

State Attorney General Code of Conduct

In response to improper practices by some officials, ILR issued a new set of ethical standards for state attorneys general and is urging its voluntary adoption. The proposed code of conduct provides recommended “best practices” for initiating and conducting investigations and litigation, including guidelines for employing outside attorneys, communicating to the public about an ongoing lawsuit and handling any settlement or award.