Outside Counsel Services – Consumer Fraud and Related Civil Actions (Contingency Fee Only)

The Arizona Office of the Attorney General's Civil Litigation Division is requesting proposals from law firms for Outside Counsel Services to handle consumer fraud and related civil actions on a contingency fee basis under RFP Solicitation BPM007588, with proposals due August 14, 2026 at 3:00 PM Arizona time. This solicitation supplements previously awarded contracts under AG23-0009 and AG24-0016; firms already contracted under those vehicles need not respond. The RFP is open to any law firm regardless of size, including sole practitioners.

Outside Counsel will be retained on an "as needed, if needed" basis to assist with legal actions against parties for violations of the Arizona Consumer Fraud Act and related state and federal consumer protection laws. The scope includes evaluation of legality of practices, pre-litigation activities, litigation including appeals, litigation support, and post-litigation support. The AGO retains ultimate control over all material decisions—whether to file suit, whom to sue, what claims to assert, and settlement terms—and serves as co-counsel of record.

Compensation is contingency fee-based with no payment owed if no recovery is obtained. If recovery occurs, fees are capped per A.R.S. 41-4803: 25 percent of the first $10 million recovered, 20 percent of $10–$15 million, 15 percent of $15–$20 million, 10 percent of $20–$25 million, and 5 percent of amounts exceeding $25 million, with an aggregate fee cap of $50 million regardless of the number of lawsuits or attorneys retained. Outside Counsel advances reimbursable costs including expert witness and court fees, paid from the State's recovery share; non-reimbursable costs such as internal litigation expenses are the responsibility of Outside Counsel.

The contract term is one year from award and may be extended by written amendment for an additional 48 months; however, if a case is assigned, the contract extends through litigation conclusion regardless of the original expiration date. The AGO may terminate without cause on 30 days' notice or for cause if Outside Counsel breaches material terms, negligently pursues litigation, or serves as class counsel in related litigation without prior written AGO consent.

Outside Counsel must maintain professional liability insurance of $2 million per claim and $2 million annual aggregate, commercial general liability of $2 million general aggregate, and workers' compensation insurance. Evaluation criteria prioritize firm capacity, experience and expertise of the firm and key personnel, and cost. Proposals are firm for 180 days following the due date. Counsel must not commence billable work until receiving a purchase order, contract release document, or written notice to proceed.