The settlement to pay for the treatment of smoking-related diseases will result in the state receiving more than $4 billion from tobacco companies over a 25-year period. The settlement is not finalized in 25 years. Based on a formula, the state is expected to receive payments of around $100 million each year, as long as the companies earn money. The state receives most of the money for Medicaid, but some goes to smoking cessation programs. Moore was the plaintiff in this lawsuit. This is a typical practice where states hire private lawyers to sue large corporations through their attorneys general. Moore was the one who brought the first lawsuit against the cigarette manufacturers on behalf of Mississippi. Jim Hood succeeded Moore as attorney-general and has maintained the practice of retaining outside counsel. There are currently dozens of lawsuits that he has filed with outside legal counsel. Hood is running this year for governor and four candidates are vying for his replacement – three Republicans, one Democrat. The key question in this race is whether or not the new attorney general will continue contracting with private lawyers to pursue large lawsuits. Many in the business community have long criticized the practice of hiring outside counsel. Three of the four candidates for AG, Lynn Fitch (the Republican state treasurer) and Madison attorney Andy Taggart (the Democratic ACLU/Mississippi executive director Jennifer Riley-Collins (the Democratic side), have not ruled out the possibility that the practice could be continued. Brandon Republican state Rep. Mark Baker has been a vocal critic of the practice. He unsuccessfully attempted to pass legislation during past sessions to create a special panel composed of the governor, lieutenant Governor and secretary of state that would approve outside counsel being used to file lawsuits. The panel would most likely have stopped Moore’s lawsuit against the tobacco companies if such a law existed in the mid-1990s. Then-Gov. Kirk Fordice, a vocal critic of the lawsuit, even filed a lawsuit in an attempt to stop Moore. Republican Eddie Briggs was the lieutenant governor, while Dick Molpus was the secretary of state. It seems reasonable to suppose Briggs would have supported Fordice in stopping this lawsuit. Baker stated on his campaign website that “This legislation must be stopped.” Baker stated that the legislative process determines the public policy of the state and not the unilateral decisions of one individual. Other people believe that outside counsel might be appropriate to provide expert and human resources. Taggart stated that he doesn’t believe this practice should be banned. He stated that “any attorney general has finite resource.” Taggart stated that there will be cases of such importance and require such expertise that an attorney general must travel outside his office to get assistance. Taggart stated that he doesn’t like the current practice where attorneys come to the attorney general to buy cases. Taggart said that the attorney general should create his or her cases, and then seek out outside assistance if necessary through a competitive bidding process. Michelle Williams, spokesperson for Fitch, stated that the default should be in-house legal counsel. This is because it is often the most efficient, cost-effective, and best way to go. However, Lynn Fitch will not foreclose outside assistance if a case requires specialized knowledge. And Riley-Collins stated, “I will always ensure that any lawyer or law office working for Mississippians has the legal knowledge, skill and capacity to provide competent and zealous representation in complex litigation.” If that expertise is available at home, we will remain at home unless there are conflicts. Many of Hood’s Republican rivals have called Hood’s use outside counsel “pay to play”. His Republican opponent found out that Hood received more than $400,000 in campaign contributions from outside counsel who were chosen by the AG’s office. Hood continues to rely heavily on his attorneys, some of whom he has employed to work on lawsuits, for campaign contributions. An examination of current campaign finance reports reveals multiple instances of Hood’s campaign donors and his attorneys being awarded contracts to sue the state. A. Lee Abraham, a Greenwood attorney, is one of these examples. Ronnie Musgrove, ex-AG Moore, and others. Hood hired John Davidson (a Flowood lawyer) as outside counsel in his ongoing case against opioid manufacturers. Hood received $10,000 from him last year. Ridgeland’s Abdalla Law Firm received $6.7 Million in legal fees to settle multiple lawsuits. This included $26.6 Million to the state for work that was done to settle cases in which companies were accused of paying Chris Epps, former Department of Corrections Commissioner, to obtain contracts with the state. Hood’s contributors are members of the Abdalla Law Firm. Before hiring outside counsel, Hood considers the merits of the case. Hood said that he carefully considered the merits of each case and whether the lawyer bringing the idea can afford the legal fees. The state doesn’t provide funds for outside counsel. Hood recently said that outside lawyers are only paid if they win if Hood were a Republican. “We have 3,500 cases. He said that many of those cases are being farmed to outside lawyers who never pay me a dime.” These cases cover a wide range of topics. These cases include lawsuits against drug companies and cases against other attorneys general. Hood was in office for a total of $2.8 billion. This includes the amount awarded to the state by lawsuits that were assisted by outside lawyers. According to data compiled by the Office of Attorney General, the private attorneys received $121.1 million in fees or expenses. This is 4.3 percent of total state awards. These numbers don’t include annual payments made to the state by the tobacco companies. The tobacco lawsuit was filed in the 1990s and Moore, then-AG, testified before the legislature. Moore was warned by Charlie Capps (D-Cleveland), the powerful Appropriations chair at the time. Moore, who was known for his habitual cigar smoking and his habit of keeping a unlit cigar in his mouth while not smoking, that he should not spend state funds on the unwinnable and dubious lawsuit against cigarette manufacturers. Moore did not. Moore did not.