41-191

41-191. Attorney general; qualifications;
salary; assistants; fees; exceptions; outside counsel

A. The attorney general shall have been for not less than five years immediately
preceding the date of taking office a practicing attorney before the supreme court of the
state. He is entitled to receive an annual salary pursuant to section 41-1904.

B. The attorney general and his assistants shall devote full time to the duties of
the office and shall not directly or indirectly engage in the private practice of law or
in an occupation conflicting with such duties, except:

1. Such prohibition shall not apply to special assistants, except that in no
instance shall special assistants engage in any private litigation in which the state or
an officer thereof in his official capacity is a party.

2. Assistant attorney general may, but in no circumstances shall be required to,
represent private clients in pro bono, private civil matters under the following
circumstances:

(a) The representation will be conducted exclusively during off hours or while on
leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does
not have the financial resources to pay for the professional services or for a nonprofit,
tax exempt charitable organization formed for the purpose of providing social services to
individuals and families.

(d) The representation will not interfere with the performance of any official
duties.

(e) The subject matter of pro bono representation is outside of the area of
practice to which the attorney is assigned in the attorney general's office and the
activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state or any of its agencies.

(g) The assistant attorney general's position will not influence or appear to
influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or
position of this state or any of its agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in
which this state is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in a cost to this
state or any of its agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written
request to engage in pro bono work which includes a provision holding the agency harmless
from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an
attorney of a pro bono client shall not disqualify the office from subsequently
participating in any action affecting the client.

C. The attorney general may also, within the limits of appropriations made
therefor, employ attorneys for particular cases upon a fixed fee basis who shall be
exempt from the restrictions imposed by this section upon regular or special assistants.

D. The attorney general may also, in suits to enforce state or federal statutes
pertaining to antitrust, restraint of trade, or price-fixing activities or conspiracies,
employ counsel on a fixed fee basis, not to exceed an hourly rate of fifty dollars per
hour, such fee to be contingent upon and payable solely out of the recovery obtained in
suits so instituted, except that where the court in which the case is pending has the
authority to set a fee in conjunction with a given case, and does so set a fee, the court
awarded fee shall be paid in lieu of the fee provided in this section. Employment and
payment of counsel under this subsection shall not be subject to the limitations imposed
by title 35, nor shall counsel so employed be subject to the limitations on private
practice or litigation imposed upon regular or special assistants.

E. If the attorney general determines that legal action is reasonably necessary in
order to collect a debt owed to this state or its agencies, boards, departments or
commissions, the attorney general may retain or employ counsel to collect the
debt. Counsel retained or employed by the attorney general shall account for the entire
amount collected. A person retained as counsel under this subsection is not subject to
the limitations on private practice or litigation applicable to regular or special
assistants.