SW Kansas News

Ford County, Kansas, has engaged the services of Frieden & Forbes LLP to represent it in a civil lawsuit against opioid manufacturers and distributors. This decision was revealed through a contingency fee engagement letter obtained by SW Kansas News via a public records request.

Frieden & Forbes LLP, based in Topeka, is recognized for its expertise in handling complex litigation for both public and private clients. The firm's attorneys have gained recognition in legal industry rankings and have experience representing government entities in significant cases. Their practice areas include governmental law, litigation, and public policy matters.

According to the contract between Ford County and Frieden & Forbes, the firm will represent the county on a contingency-fee basis in opioid litigation. The firm will advance all expenses and receive payment only if the county recovers funds. Frieden & Forbes will receive 20% of the net recovery after costs are deducted or a higher amount if a court awards greater fees. This fee structure is typical for large-scale public nuisance lawsuits.

A recent white paper by the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, raises concerns about municipalities hiring private law firms on contingency. Peterson highlights risks related to transparency, oversight, and the delegation of public authority to private attorneys. These debates place Ford County’s approach within a broader national conversation about public-interest litigation.

The engagement letter specifies that Frieden & Forbes LLP also represents other governmental clients in similar opioid litigation against the same defendants. It notes that certain litigation expenses may be shared among multiple government clients with Ford County’s approval. This collective approach aims to manage costs and leverage shared legal strategies for public entities.