Although the gun suits are based on different legal theories than the tobacco suits, they enjoy a common lineage. Both series of suits were concocted by a handful of private attorneys who entered into contingency fee contracts with public officials. In effect, members of the private bar were hired as government subcontractors, but with a huge financial interest in the outcome. Imagine a state attorney general corralling criminals on a contingency-fee basis, or state troopers paid per traffic stop. The potential for corruption is enormous.
Government is the sole entity authorized to wield coercive power against private citizens.
When government functions as prosecutor or plaintiff in a legal proceeding in which it also dispenses punishment, safeguards against state misbehavior are essential. That is why we need the protection of the Fourth, Fifth, Sixth, and Eighth Amendments. That is why we demand proof beyond a reasonable doubt in criminal proceedings. That is why in civil litigation we rely primarily on private remedies, with redress sought by directly injured parties, not the state. Contingency fee contracts between governments and private attorneys should be illegal.