{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-20i","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-20i","heading":"Contracting for legal representation by private attorneys","body":"- Approval by Attorney General - Report.\n\nA. An agency or official of the executive branch may obtain\n\nlegal representation by one or more attorneys by means of one of the\n\nfollowing:\n\n1. Employing an attorney as such if otherwise authorized by\n\nlaw;\n\n2. Contracting with the Office of the Attorney General; or\n\n3. If the Attorney General is unable to represent the agency,\n\nor official due to a conflict of interest, or the Office of the\n\nAttorney General is unable or lacks the personnel or expertise to\n\nprovide the specific representation required by such agency or\n\nofficial, contracting with a private attorney or attorneys pursuant\n\nto this section.\n\nB. When entering into a contract for legal representation by\n\none or more private attorneys or law firms, an agency or official of\n\nthe executive branch shall select an attorney or attorneys or a law\n\nfirm or law firms from a list of attorneys and firms maintained by\n\nthe Attorney General. An agency may contract for legal\n\nrepresentation with one or more attorneys who are not on the list\n\nonly when there is no attorney or firm on the list capable of\n\nproviding the specific representation and only with the approval of\n\nthe Attorney General. The list shall include any attorney or firm\n\nwho desires to furnish services to an agency or official of the\n\nexecutive branch and who has filed a schedule of fees for services\n\nwith and on a form approved by the Attorney General. The list of\n\nattorneys and firms desiring to furnish services and a schedule of\n\nfees for each attorney and firm shall be maintained and made\n\navailable to the public.\n\nC. An agency or official may agree to deviate from the schedule\n\nof fees only with the approval of the Attorney General and if the\n\nnew schedule of fees would not violate the fee schedules set forth\n\nin subsections D and E of this section.\n\nD. An agency or official of the executive branch shall not\n\nenter into a contingency fee contract that provides for the private\n\nattorney or firm to receive an aggregate contingency fee that\n\nexceeds:\n\n1. Twenty-five percent (25%) of that portion of any amount\n\nrecovered that is Ten Million Dollars ($10,000,000.00) or less;\n\n2. Twenty percent (20%) of that portion of any amount recovered\n\nthat is more than Ten Million Dollars ($10,000,000.00) but less than\n\nor equal to Fifteen Million Dollars ($15,000,000.00);\n\n3. Fifteen percent (15%) of that portion of any amount\n\nrecovered that is more than Fifteen Million Dollars ($15,000,000.00)\n\nbut less than or equal to Twenty Million Dollars ($20,000,000.00);\n\n4. Ten percent (10%) of that portion of any amount recovered\n\nthat is more than Twenty Million Dollars ($20,000,000.00) but less\n\nthan or equal to Twenty-five Million Dollars ($25,000,000.00); and\n\n5. Five percent (5%) of that portion of any amount recovered\n\nthat is more than Twenty-five Million Dollars ($25,000,000.00).\n\nE. Notwithstanding subsection D of this section, the total fee\n\npayable to all retained private attorneys in any contingency fee\n\ncontract shall not exceed Fifty Million Dollars ($50,000,000.00),\n\nexclusive of any costs and expenses provided by the contract and\n\nactually incurred by the retained private attorneys, regardless of\n\nthe number of actions or proceedings or the number of retained\n\nprivate attorneys involved in the matter.\n\nF. The Attorney General shall develop a standard clause for\n\ninclusion in every contract for contingent fee attorney services\n\nthat shall be used in all cases, describing in detail what is\n\nexpected of both the contracted private attorney and the state\n\nincluding, but not limited to, the requirements as provided in this\n\nsubsection. The state shall not enter into a contract for\n\ncontingency fee attorney services that does not incorporate such\n\nrequirements:\n\n1. The government attorneys shall retain complete control over\n\nthe course and conduct of the case;\nscribing in detail what is\n\nexpected of both the contracted private attorney and the state\n\nincluding, but not limited to, the requirements as provided in this\n\nsubsection. The state shall not enter into a contract for\n\ncontingency fee attorney services that does not incorporate such\n\nrequirements:\n\n1. The government attorneys shall retain complete control over\n\nthe course and conduct of the case;\n\n2. A government attorney with supervisory authority shall be\n\npersonally involved in oversight of the case;\n\n3. The government attorneys shall retain veto power over any\n\ndecision made by outside counsel related to the case;\n\n4. Any defendant in the case may contact the lead government\n\nattorneys directly, without having to confer with outside counsel;\n\n5. A government attorney with supervisory authority for the\n\ncase shall attend all settlement conferences; and\n\n6. Decisions regarding settlement of the case shall be reserved\n\nexclusively to the discretion of the government attorneys and the\n\nstate.\n\nG. Copies of any executed contingency fee contract with the\n\nprivate attorney shall be posted on the Attorney General's website\n\nfor public inspection within five (5) business days after the date\n\nthe contract is executed and shall remain posted on the website for\n\nthe duration of the contingency fee contract including any\n\nextensions or amendments to the contract. Any payment of\n\ncontingency fees shall be posted on the Attorney General's website\n\nwithin fifteen (15) days after the payment of the contingency fees\n\nto the private attorney or law firm and shall remain posted on the\n\nwebsite for at least three hundred sixty-five (365) days after the\n\npayment is made.\n\nH. Any private attorney or law firm under contract to provide\n\nservices to the state on a contingency fee basis shall from the\n\ninception of the contract until at least four (4) years after the\n\ncontract expires or is terminated, maintain detailed current records\n\nincluding documentation of all expenses, disbursements, charges,\n\ncredits, underlying receipts and invoices and other financial\n\ntransactions related to the attorney services. The private attorney\n\nor law firm shall make all such records available for inspection and\n\ncopying upon request of the Attorney General. In addition, the\n\nprivate attorney or law firm shall maintain detailed contemporaneous\n\ntime records for the attorneys and paralegals working on the matter\n\nin increments of no greater than one-tenth (1/10) of an hour and\n\nshall promptly provide such records to the Attorney General upon\n\nrequest.\n\nI. Before entering into a contract for legal representation by\n\none or more private attorneys, an agency or official of the\n\nexecutive branch shall furnish a copy of the proposed contract to\n\nthe Attorney General and notify the Attorney General of the\n\nfollowing:\n\n1. The nature and scope of the representation including, but\n\nnot limited to, a description of any pending or anticipated\n\nlitigation or of the transaction requiring representation;\n\n2. The reason or reasons for not obtaining the representation\n\nfrom an attorney employed by the agency or official, if an attorney\n\nis employed by the agency or official;\n\n3. The reason or reasons for not obtaining the representation\n\nfrom the Attorney General by contract;\n\n4. The anticipated cost of the representation including the\n\nfollowing:\n\na. the basis for or method of calculation of the fee\n\nincluding, when applicable, the hourly rate for each\n\nattorney, paralegal, legal assistant, or other person\n\nwho will perform services under the contract, and\n\nb. the basis for and method of calculation of any\n\nexpenses which will be reimbursed by the agency or\n\nofficial under the contract;\n\n5. An estimate of the anticipated duration of the contract;\n\n6. The past or present relationship, if any, between such\n\nattorney, law firm or any partner or other principal in such law\ngal assistant, or other person\n\nwho will perform services under the contract, and\n\nb. the basis for and method of calculation of any\n\nexpenses which will be reimbursed by the agency or\n\nofficial under the contract;\n\n5. An estimate of the anticipated duration of the contract;\n\n6. The past or present relationship, if any, between such\n\nattorney, law firm or any partner or other principal in such law\n\nfirm and the state agency or state agent proposing to enter into the\n\ncontract;\n\n7. If the contract contemplates that all or part of the fee is\n\ncontingent on the outcome of the legal proceeding, the reasons the\n\ncontingent fee arrangement is believed to be in the state's interest\n\nand any efforts undertaken to obtain private counsel on a\n\nnoncontingent fee basis; and\n\n8. The justification for the determination that the selection\n\nof a contract for legal representation by one or more private\n\nattorneys or firms was made based on the ability of the private\n\nattorney or firm to provide the most economical and most competent\n\nservice which furthers the best interest of the state.\n\nJ. After the approval of the contract by the Attorney General\n\nfor legal representation by one or more private attorneys or law\n\nfirms, the Attorney General shall make available to the public on\n\nthe Attorney General's website the information required pursuant to\n\nparagraphs 1 through 8 of subsection I of this section.\n\nK. 1. Before entering into a contract for legal representation\n\nby one or more private attorneys or firms where the agency has\n\nreason to believe that the case, transaction or matter will equal or\n\nexceed Twenty Thousand Dollars ($20,000.00) or after employment when\n\nit becomes apparent that the case, transaction or matter will equal\n\nor exceeds Twenty Thousand Dollars ($20,000.00), an agency or\n\nofficial of the executive branch shall obtain the approval of the\n\nAttorney General when the total cost including fees and expenses, of\n\nall contracts relating to the same case, transaction, or matter will\n\nequal or exceed Twenty Thousand Dollars ($20,000.00).\n\n2. Before entering into a contract for legal representation by\n\none or more private attorneys or firms to initiate a legal action on\n\nbehalf of the state where the agency has reason to believe that the\n\ntotal cost of the case, transaction or matter including fees and\n\nexpenses will equal or exceed One Million Dollars ($1,000,000.00),\n\nan agency or official of the executive branch shall initiate a\n\nrequest for proposal from at least three qualified private attorneys\n\nor firms, when possible, engaged in providing such services. Notice\n\nof the request for proposal shall be published on the Attorney\n\nGeneral's website. The request for proposal shall solicit a\n\nbillable hourly rate, regardless of whether a contingency fee is\n\nultimately agreed upon, and shall specify the importance of price,\n\nquality, ability and experience. The selection of a contract for\n\nlegal representation by one or more private attorneys or firms shall\n\nbe made using the criteria established in the request for proposal\n\nand shall be based on the response to the request which is the most\n\neconomical and provides the most competent service which furthers\n\nthe best interests of the state. Most economical and most competent\n\nshall not be construed to mean the least expensive proposal.\n\n3. Any amendment, modification or extension of a contract\n\nwhich, had it been a part of the original contract would have\n\nrequired approval by the Attorney General, shall also require\n\napproval by the Attorney General.\n\nL. After entering into a contract for legal representation by\n\none or more private attorneys or firms where the agency has reason\n\nto believe that the case, transaction or matter will equal or exceed\n\nOne Million Dollars ($1,000,000.00), an agency or official of the\n\nexecutive branch shall submit a copy of the contract to the\nAttorney General, shall also require\n\napproval by the Attorney General.\n\nL. After entering into a contract for legal representation by\n\none or more private attorneys or firms where the agency has reason\n\nto believe that the case, transaction or matter will equal or exceed\n\nOne Million Dollars ($1,000,000.00), an agency or official of the\n\nexecutive branch shall submit a copy of the contract to the\n\nLegislative Oversight Committee overseeing the operations of the\n\nLegislative Office of Fiscal Transparency (LOFT) along with the\n\nfollowing:\n\n1. A description of the litigation or of the transaction\n\nrequiring representation;\n\n2. The reason or reasons for not obtaining the representation\n\nfrom an attorney employed by the agency or official;\n\n3. The justification for selecting an attorney or firm\n\ncontracted to represent the state; and\n\n4. An estimate of the anticipated duration of the contract.\n\nM. A settlement agreement shall not contemplate the ultimate\n\nuse and destination of recovered funds unless done in accordance\n\nwith paragraphs 11 and 12 of Section 18b of this title.\n\nN. Within ten (10) days of an agency or official of the\n\nexecutive branch entering into a settlement agreement where a\n\nprivate attorney or firm was hired on a contingency fee contract and\n\nthe settlement was equal to or greater than One Million Dollars\n\n($1,000,000.00), the agency or official of the executive branch\n\nshall present the settlement agreement to the Legislative Oversight\n\nCommittee with oversight of the operations of the Legislative Office\n\nof Fiscal Transparency (LOFT), unless otherwise postponed by LOFT.\n\nO. When an agency or official of the executive branch enters\n\ninto a contract for professional legal services pursuant to this\n\nsection, the agency shall also comply with the applicable provisions\n\nof Section 85.41 of this title.\n\nP. The provisions of this section shall not apply to the\n\nOklahoma Indigent Defense System created pursuant to Section 1355 et\n\nseq. of Title 22 of the Oklahoma Statutes.\n\nQ. Upon request of an agency or official of the executive\n\nbranch, the Governor, the President Pro Tempore of the Oklahoma\n\nState Senate and the Speaker of the Oklahoma House of\n\nRepresentatives may exempt a legal matter from the requirements of\n\nthis section if an exemption is deemed to be in the best interest of\n\nthe state. Such exemption shall be issued at their discretion, in\n\nwriting and by unanimous consent, and shall be submitted to LOFT.\n\nR. By February 1 of each year, the Attorney General shall\n\nsubmit a report to the Governor, the President Pro Tempore of the\n\nSenate, the Speaker of the House of Representatives, the Chair of\n\nthe Appropriations and Budget Committee of the House of\n\nRepresentatives and the Chair of the Appropriations Committee of the\n\nSenate, that describes the use of contracts with private attorneys\n\nor law firms in the preceding fiscal year. At a minimum, the report\n\nshall identify all new contracts entered into during the fiscal year\n\nbeing reported and all previously executed contracts that remain\n\ncurrent during any part of the fiscal year. For each contract, the\n\nreport shall contain:\n\n1. The name of the private attorney with whom the agency has\n\ncontracted including the name of the attorney's law firm;\n\n2. The nature and status of the legal matter;\n\n3. The name of the parties to the legal matter;\n\n4. The amount of any recovery;\n\n5. The amount of any hourly rate;\n\n6. The amount of any contingency fee paid, if applicable; and\n\n7. The amount paid under the contract for the fiscal year.\n\nS. The provisions of subsections B through R of this section\n\nshall not apply to any agency that invests funds on behalf of its\n\nbeneficiaries and, as part of its fiduciary duty, retains one or\n\nmore private attorneys or law firms to pursue individual, derivative\n\nor class litigation concerning its investments or assets.\napplicable; and\n\n7. The amount paid under the contract for the fiscal year.\n\nS. The provisions of subsections B through R of this section\n\nshall not apply to any agency that invests funds on behalf of its\n\nbeneficiaries and, as part of its fiduciary duty, retains one or\n\nmore private attorneys or law firms to pursue individual, derivative\n\nor class litigation concerning its investments or assets.\n\nT. The provisions of this section shall not apply to any entity\n\nexempted from Article I of the Administrative Procedures Act\n\npursuant to paragraphs 6 and 7 of subsection A of Section 250.4 of\n\nTitle 75 of the Oklahoma Statutes.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"76f38118ae297165e007a7f209e30d84759588731d36e6599a14eeec8d05aefd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-20h","next":"us-ok/okla.-stat.-tit.-74-74-20j"},"notice":"GroundRules: Original legal text. Not legal advice."}