Law360, New York ( December 3, 2013, 8:04 PM EST) -- When the California Supreme Court decided County of Santa Clara v. Superior Court of Santa Clara (Santa Clara), 50 Cal. 4th 35 in 2010, abandoning its quarter-century prohibition on public agencies retaining private law firms with contingent fees, the court was aware of the risks. Government attorneys enforcing the state's laws are held to the highest duty of neutrality; their job is to represent and protect the public interest. Government lawyers do not share in the financial success of a lawsuit pursued by their respective clients — a protection that promotes objectivity and the likelihood that justice will be served. Private attorneys, on the other hand, are held to a different standard; their interest derives from the specific goals of their respective clients, not the public....
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