In addition, the law firms where these attorneys are employed have been a significant source of contributions to politicians, including attorney general candidates. State-hired lawyers are also an important source of funds for Democrats, and that might have helped some of them land these big cases. Harold Nix, an attorney from Daingerfield, is also working on the Texas lawsuit. Rodham has little experience in product liability cases, but he is monitoring the tobacco settlement talks for a consortium of plaintiff's lawyers, called the Castano Group, who have filed class action suits in 15 states. Rodham could not be reached for comment, but a state attorney general who declined to be identified concedes that Rodham is valued for his access.
Most lawyers working on state tobacco suits have little financial interest in settling.
But the most influential lawyers in this process are the minority who have been retained by more than one state. For them, settling makes more financial sense than trying a lot of cases. Mississippi attorney Scruggs, who represents 15 states, could reap a potentially huge windfall with a settlement, as his portion would be greater than that of any attorney representing just one state. According to several attorneys general, the best chance for a tobacco deal would be a yearly cap on awards, but without strict limits on who might sue. If awards exceeded the cap in any year, they would be paid the next year.