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2019 Session

Budget Amendments - HB1700 (Floor Approved)

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OAG - Clarify Policy Concerning Legal Representation (language only)

Item 56 #1h

Item 56 #1h

Executive Offices
Attorney General and Department of Law

Language

Page 46, after line 28, insert:

"G. Except as otherwise specifically provided by law, all legal services of the Office of the Attorney General shall be performed exclusively by (i) an employee of the Office, (ii) an employee of another Virginia governmental entity as may be provided by law, or (iii) an employee of a federal governmental entity pursuant to an agreement between the Office of the Attorney General and such federal governmental entity. Except as otherwise specifically provided under this act, the sole source of compensation paid to employees of the Office of the Attorney General for performing legal services on behalf of the Commonwealth shall be from the appropriations provided under this act. In any case in which the Office of the Attorney General is authorized under law to contract with, hire, or engage a person other than a person described in clauses (i), (ii), or (iii) to perform legal services on behalf of the Commonwealth, the sole consideration agreed to by the Office of the Attorney General shall be a monetary amount bargained for in an arm's length transaction with such person. Only persons described in clauses (i), (ii), or (iii) shall perform legal services on premises leased by the Office of the Attorney General. Nothing in this paragraph shall prohibit the Office of the Attorney General from entering into a settlement agreement with a defendant arising from a case litigated or prosecuted by a federal governmental entity, local governmental entity, or an Attorney General's Office in another state or United States territory. Nothing in this paragraph shall prohibit the Office of the Attorney General from employing and providing office space to an unpaid intern assisting in performing legal services provided that such intern does not possess a current license to practice law in the Commonwealth, any other state, or any United States territory."



Explanation

(This amendment clarifies the policy regarding which entities are authorized to provide legal services in support of the Office of the Attorney Generals responsibilities.)