The Attorney General serves as the state’s legal counsel; therefore, the Office of the Attorney General (“OAG”) serves as legal counsel to all agencies. Agencies may not retain or utilize services provided by outside counsel without first receiving authorization and approval from the OAG. Pursuant to subsection 402.0212(f) of the Texas Government Code, OAG has adopted administrative rules related to outside legal counsel contracts of state agencies, university systems, and institutions of higher education (individually “agency” and collectively “agencies”).
If an agency requires legal services from any outside counsel whatsoever, regardless of the source of funds that would be used to pay for such legal services or the party engaging such counsel, it must first electronically submit to the OAG a Request to Retain Outside Counsel (“RtR”) and related documents. Upon receipt of the electronic RtR, the OAG will review to determine whether the requested legal services should be provided by the OAG or whether retaining outside counsel would be in the best interests of the state. Within ten (10) business days after receiving the electronic documents, the OAG will process the RtR and generate an OCC, notify the agency in writing that its request has been denied, or inform the agency that additional information is required to make a decision.
All RtRs, proposed OCC amendments, and Requests for Voucher Approval must be submitted through the OAG Community portal. Please review the Community User Guide, and read the Letter to Agencies and Prospective Outside Counsel (PDF) in full before submitting any OCC-related documentation through Community.
Contingent Fee Contracts For Political Subdivisions
For information regarding approval of contingent fee contracts for political subdivisions as defined by Tex. Gov’t Code 2254.002(1)(B), (C), or (D), please click here
Important Addresses and Contact Information
The Request to Retain Outside Counsel and the Outside Counsel Contract:
The Request for Voucher Approval:
Mail may be sent to:
Outside Counsel Contracts
Office of the Attorney General General
Financial Litigation and Charitable Trusts Division, Mail Code 017
Post Office Box 12548
Austin, Texas 78711-2548
Outside Counsel must submit administrative fees to:
Outside Counsel Invoice
Office of the Attorney General
P.O. Box 13175
Austin, TX 78711-3175
Questions may be directed to Financial Litigation & Charitable Trusts Division – FLDContracts@oag.texas.gov.