Bucks County, Pennsylvania, has engaged the services of Scott+Scott, Attorneys at Law, LLP and Boni & Zack LLC on a contingency-fee basis to pursue litigation related to the opioid crisis. This information was revealed through a retainer agreement obtained via a public records request.
Scott+Scott is a litigation firm specializing in complex legal matters such as antitrust, securities fraud, consumer protection, and large-scale mass torts. The firm represents institutional clients, pension funds, and public entities in significant cases across the United States. According to their website, Scott+Scott has secured billions of dollars for its clients through settlements and judgments in complex litigation.
The retainer agreement indicates that Bucks County retained Scott+Scott and Boni & Zack LLC on a contingency-fee basis specifically for opioid-related claims. Under this arrangement, the law firms will cover all litigation costs and expenses upfront and will receive 22.5% of any recovery achieved. The county bears no responsibility for fees or costs unless there is a successful recovery; costs are deducted before funds are distributed to the county.
According to a July 2025 white paper by the Washington Legal Foundation authored by former Nebraska Attorney General Doug Peterson, there are legal and policy questions regarding municipalities’ authority to hire private law firms for public-interest litigation. Peterson argues that such arrangements can obscure accountability when local governments undertake claims typically managed by state officials. He also expresses concerns about how contingency-fee incentives might influence decisions in public litigation.
The agreement stipulates that the law firms must keep Bucks County informed about major developments and consult with them on litigation strategy. Settlement authority remains with the county; thus, the firms cannot resolve the case without county approval. The contract also envisions representing Bucks County alongside other governmental plaintiffs, indicating a coordinated or multi-plaintiff approach to opioid litigation.
