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The Attorney General and the Litigation Unit represent the State, its agencies, officials and employees in civil matters filed in state and federal courts. The Litigation Unit has the responsibility of defending the state against suits and claims.
It also defends state officials and employees when they are sued in civil rights cases for actions taken in the course and scope of their employment. While they are performing their official duties, it is not uncommon for lawsuits to be filed against public servants in their individual capacity. This Unit has the capacity and expertise to defend these servants without cost to the official or agency.
The Litigation Unit has the responsibility to handle and direct the major class action litigation filed against institutions and agencies. The Unit represents state judicial officers, District Attorneys, Legislators, and the executive branch of state government when sued in both their official and individual capacities.
- Rules of Engagement for representation of state officials and state employees sued in their individual capacties
- Litigation Report Guidelines
- Individual Litigation Report Form
- Procedures for Requesting Representation
The Litigation Section is also responsible for tracking the hiring of private attorneys by other state agencies and reporting the costs to state agencies for services provided by private attorneys. The forms used in this process can be found below.
Agency Contracting Legal Representation
The following are forms for both agencies and attorneys to utilize when a state agency seeks to hire private counsel.
Notice of proposed contract for employment of private attorney(s) under Title 74 I.S. SUPP. 1998, SECTION 20i
- Agency Application Form Standard (online)
- K2 Affirmation (Paper Form)
- Attorney Form (online)
Contracting for Legal Representation by Private Attorneys. 74 O.S. § 20i
House Bill 1917, codified at 74 O.S. § 20i, became effective July 1, 1995. The law sought to track the amount of funds expended for legal services by private attorneys. In 2022, the law was substantially modified by Senate Bill 984, which became effective November 1, 2022.
State agencies or officials with the authority to hire or retain a private attorney must, comply with a number of requirements, before entering into that contract. Those requirements include:
- The private attorney must be selected from a list of attorneys maintained by the Attorney General. To be placed on the list, an attorney must file a completed AG Form 20i-1 with the Attorney General.
- Private attorneys on the list must perform services in accordance with the schedule of fees filed with the Attorney General as a condition to being on the list. Deviation from the fee schedule is only upon approval of the Attorney General.
- A copy of the proposed contract must be furnished to the Attorney General by attaching it to the applicable AG Form and providing certain information required under this statute and state law.
- If the contract is a contingency fee contract, the agency and private counsel must complete the contingency fee declaration, which should be submitted prior along with the application.
- If the amount of the contract is expected to exceed one million dollars ($1,000,000.00)
- If the contract is a contingency fee contract and/or the amount of the contract is expected to equal of exceed one million dollars ($1,000,000.00) please use the use the paper form provided above and the applicable affirmations.
Other changes to the law require the Office of the Attorney General to publish information on the website. The information to be published includes the following:
1. The agency’s applications for contracts approved by the Office of the Attorney General.
2. Executed contingency fee contracts.
3. Notices of requests for proposal for contracts which require RFPs.
Approved Attorney Search
Find contract information by:
Title 74 O.S. Section 20i Reports