State of Maryland
OFFICE OF THE ATTORNEY GENERAL
November 16, 1995
REQUEST FOR PROPOSALS FOR PRIVATE COUNSEL TO ASSIST IN REPRESENTING
THE STATE IN MAJOR LITIGATION
In connection with an ongoing review of the possibility of the State
of Maryland instituting litigation against cigarette manufacturers and
related parties, the Attorney General of Maryland hereby requests proposals
from law firms interested in and capable of assisting the state in such
litigation. The State is seeking to determine the costs of such litigation
and is interested in proposals under which a firm or firms would agree
to be compensated on a contingent basis from any monies recovered by way
of settlement or judgment.
Applicants should understand that the retention of counsel is intended
to aid the Attorney General in representing the State in a potentially
major matter. The Attorney General will be actively involved in all stages
of this matter, including advising with respect to and, if so, against
what parties; what claims to assert; and whether or on what basis to settle
or proceed to trial.
The potential lawsuit would seek to recover public funds, principally
Medicaid funds, expended to provide health care for Maryland citizens with
tobacco-related illnesses, as well as other appropriate relief, including
remedies for claims under the Consumer Protection Act.
Interested firms or consortiums of firms should submit the following
information on or before December 29, 1995 to J. Joseph Curran,
Jr., Attorney General, 200 St. Paul Place-20th Floor, Baltimore, Maryland
21202.
1. A list of the lawyers who would be principally responsible for handling
the matter and for each, a copy of his or her resume, a description of
his or her practice areas, and a description (including a list of cases
with appropriate citations) of any prior litigation experience relevant
to his or her qualification for work on the contemplated lawsuit. A designation
of proposed lead counsel and a representation of that person's availability
to undertake the proposed litigation. A description of other staff ( i.e.,
associates, paralegals, and support personnel) that the firm(s) would devote
to the matter. With this description, applicants should describe how they
would propose to coordinate their activities with the Attorney General's
Office, including expectations with respect to the numbers, types (i.e.,
lawyers and paralegals) of staff to be allocated by the Attorney General's
Office.
2. Because the Attorney General seeks to encourage participation by
"Minority Business Enterprises," as defined in Ann. Code of Maryland,
State Fin. and Proc. Art., 14-301(e), respondents should make clear how,
if at all, their team includes such participation. Here, this may be done
at a law firm or by a joint venture with a predominantly minority staffed
and owned firm.
3. A Statement concerning the firm's suitability for involvement in
and prior experience with long-term, complex litigation, including the
firm's ability to engage in protracted litigation on a contingent fee basis,
the firm's technological resources, and any other specific attributes that
indicate the firm would be capable, by itself or in conjunction with any
other firms, to manage the contemplated litigation to successful conclusion.
Prior involvement in major litigation against tobacco companies or entities
of comparable size, sophistication, and financial resources should be described.
4. An outline of a litigation plan, with rough estimates of the amount
of time projected for each stage of litigation.
5. A detailed fee and litigation expense proposal.
6. An identification and description of the types of matters, litigation
and otherwise, in which the firm(s) is/are involved with or against the
State of Maryland or any of its agencies and a concise statement of how
the applicant would propose to resolve any conflicts of interest with the
State. All cases involving Medicaid issues and/or the Maryland Department
of Health and Mental Hygiene should be identified specifically.
7. Following a review of written submissions, applicants may be asked
to make an oral presentation. For additional information, call (410) 576-6489,
a voice mail number, and leave a message and your call will be returned.