State ex rel. Discover Financial Services v. Nibert, No. 13-0086 (W.Va. June 4, 2013).
The attorney general hired outside counsel on a contingency fee basis in two cases alleging consumer protection violations. Defendants alleged the attorney general did not have authority to hire outside counsel. The supreme court held that outside counsel were not subject to the state’s Ethics Act because the attorney general did not pay them, nor…