Zach Despart, an investigative reporter for The Texas Tribune, has highlighted that Texas Attorney General Ken Paxton increasingly relies on private attorneys, some with political connections, to handle significant legal cases for the state. This statement was made during a co-published investigation.
"In the past five years, Paxton has grown increasingly reliant on pricey private lawyers to argue cases on behalf of the state," said Despart, Enterprise and Investigative Reporter. "Despite these connections and what experts say are potential conflicts of interest, Paxton does not appear to have recused himself from the selection process. Texas has no such cap. Paxton also seldom outsourced cases during his first five years in office."
A 2012 U.S. House Judiciary subcommittee hearing examined the use of outside counsel by state attorneys general. According to witnesses at the hearing, noncompetitive hiring processes could raise concerns about transparency and accountability. The hearing record included recommendations for clearer procurement standards.
An investigation conducted by ProPublica and The Texas Tribune revealed that the Texas attorney general’s office awarded 13 contingent-fee contracts between 2015 and 2025. In contrast, California and New York awarded none, while Pennsylvania awarded one. The review also analyzed campaign donations linked to contract recipients.
Bloomberg Law reported that Keller Postman and McKool Smith billed Texas over $136 million in legal fees as part of a 2024 settlement with Meta. Keller Postman’s share was nearly $97 million, including $3.6 million attributed to one attorney. This billing followed a contingency-fee arrangement.
Despart is an investigative reporter for The Texas Tribune who was part of a team that won the 2024 Collier Prize and was a finalist for the Pulitzer Prize. His previous reporting focused on Harris County and post-Hurricane Harvey recovery.
