Anne Arundel Today

The City of Annapolis has engaged Sher Edling LLP, a California-based law firm, to act as outside legal counsel under a contingency fee contract. This information was obtained through the Maryland Public Information Act by Anne Arundel Today.

Sher Edling LLP is recognized for its specialization in environmental litigation on behalf of public entities. The firm states that its attorneys have represented various cities, states, and water utilities in lawsuits concerning water contamination, per- and polyfluoroalkyl substances (PFAS), and climate change. The firm emphasizes significant verdicts and settlements achieved for government clients across the United States.

According to the agreement released by the City of Annapolis, Sher Edling LLP will be compensated solely through a contingency fee if any recovery is secured. The firm is considered an independent contractor rather than a city employee, meaning no city funds are allocated unless there is a successful outcome. However, the detailed fee terms and full scope of work were redacted from the public version of the contract.

A recent white paper from the Washington Legal Foundation, authored by former Nebraska Attorney General Doug Peterson, explores the policy and legal risks associated with municipal governments hiring private law firms on contingency. Peterson argues that these contracts may present conflicts of interest and compromise transparency. He calls for increased scrutiny and oversight of such public-private litigation partnerships.

The City of Annapolis withheld parts of the Sher Edling LLP agreement, citing attorney work product privilege and confidentiality obligations under Maryland law. The City said that revealing privileged materials would breach state rules on client confidentiality. Requesters were informed they could seek review through the Public Access Ombudsman or the Public Information Act Compliance Board.