On November 10, Maryland Attorney General (AG) Anthony G. Brown announced the creation of an Office of the Solicitor General within his office. This new division is dedicated to overseeing the state’s appellate litigation in both state and federal courts. Brown appointed Julia Doyle, a seasoned appellate litigator and current chief of the Office of AG’s Civil Division, as the new solicitor general, effective January 8.

By establishing the Office of the Solicitor General, Maryland joins the majority of states that have recognized the importance of this role. The trend among state AG offices is to appoint experienced appellate litigators to help shape public policy and ensure effective legal representation for the state.

The Role of State AGs in Appellate Litigation

State AGs provide a critical function in state government. Not only does the AG represent state agencies, but the AG also represents their respective state in litigation. The establishment of the Office of the Solicitor General in Maryland underscores the critical role that AGs play in conducting appellate litigation on behalf of their states, both in criminal and civil matters. While AGs perform a variety of functions, an important aspect of their role is to represent the state in appellate courts, ensuring that the state’s legal interests are effectively advanced. Additionally, AGs are instrumental in consumer protection cases and multistate litigation, often collaborating with other states to address widespread issues and protect consumer rights.

AGs collectively shape national legal policy through letters, amicus filings, and proactive litigation. In many instances, these efforts are advanced by senior staff such as deputy attorneys general or the solicitor general. Networks of state AG senior staff become key coordinators in multistate litigation efforts. Multistate amicus opportunities frequently arise, driven by various state strategies and priorities. These bipartisan alliances, sometimes unexpected and recurring, demonstrate that the litigation is motivated by concern for issues of broad importance to states generally rather than mere political opportunism. Frequent multistate coordination of this sort contributes to the robust network of senior staff, including deputies and solicitors general, working closely together across state lines.

Broader Trend: Expansion of Solicitor General Offices

Among the senior attorneys appointed within most AGs offices is the solicitor general. With the appointment of a top appellate litigator at most AGs offices, there is a trend to expand and increase the size of solicitor general practice groups or attorneys focusing on this appellate and policy work. The trend of expanding and increasingly active state solicitor general offices continues to spread across the nation. Many states have only recently established an office of the solicitor general, consolidating work that was once performed by multiple divisions of the AG. Where solicitors general exist, states continue to enhance the office’s legal capacity. Offices that once contained a single top appellate attorney and paralegal have grown into multifunctional teams of more than a dozen attorneys in some states.

A solicitor general might be described as the most senior practicing attorney in the state — writing briefs and going to court to advance the state’s legal interests. For instance, Doyle has handled hundreds of appeals in the Maryland appellate courts, including successful representation of the petitioner in the U.S. Supreme Court in the 2016 case Ross v. Blake, in addition to arguments before the U.S. Court of Appeals for the Fourth Circuit, and more than 100 cases in the Court of Appeals of Maryland.

This role is pivotal in shaping public policy and litigation strategy within the state, ensuring consistency and excellence in appellate work across all divisions of an AG’s office. Most people are unaware of what a solicitor general does or whether their state has such a position. A solicitor general’s daily duties involve appellate practice of the highest caliber as well as the managerial skills required to run a multifunctional office. Whatever the mix of responsibilities assigned to the role, the wake of legal success that follows current state solicitors general will likely motivate the further spread and expansion of solicitor general offices across the nation.

Why It Matters

The appointment of Doyle as Maryland’s first solicitor general and the creation of the Office of the Solicitor General highlight the importance of understanding senior leadership roles within offices of AGs across the nation. Senior staff at AG offices play a pivotal role in shaping public policy and litigation strategy, ensuring that the state’s interests are effectively represented in the courts.

As Maryland joins the ranks of states with a dedicated solicitor general, it reinforces the vital function of this role in the broader context of state governance and legal advocacy. The move promises to enhance the state’s appellate litigation capabilities and boost the state’s role in consumer protection and multistate litigation. The evolving landscape within state AG offices presents both challenges and opportunities for businesses and their counsel. Staying informed of operational changes, legal developments, and policy shifts within these offices is critical to ensuring compliance and effective legal strategy. Stay tuned to Troutman Pepper’s updates for ongoing insights and analysis on the latest operational happenings, enforcement trends, and litigation risks within state AG offices.

Troutman Pepper State Attorneys General Team

	Ashley Taylor – Co-leader and Firm Vice Chair Ashley is co-leader of the firm’s nationally ranked State Attorneys General practice, vice chair of the firm, and a partner in its Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He helps his clients navigate the complexities involved with multistate attorneys general investigations and enforcement actions, federal agency actions, and accompanying litigation.
	Clay Friedman – Co-leader Clayton is a partner in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and co-leader of the State Attorneys General practice, multidisciplinary teams with decades of experience crafting effective strategies to help deter or mitigate the risk of enforcement actions and litigation.
	Stephen Piepgrass Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, with a particular focus on heavily regulated industries.
	Michael Yaghi Michael is a partner in the firm’s State Attorneys General and Regulatory Investigations, Strategy + Enforcement (RISE) Practice Groups, nationwide teams that advise clients on consumer protection enforcement matters and other regulatory issues.
	Samuel E. “Gene” Fishel Gene is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) practice, based in the Richmond office. He brings extensive regulatory experience, having most recently served as senior assistant attorney general and chief of the Computer Crime Section in the Office of the Attorney General of Virginia, and as special assistant U.S. attorney in the Eastern District of Virginia for 20 years.
	Chuck Slemp Chuck advises clients on a wide range of complex issues that frequently involve government actions, including investigations, inquiries, regulatory matters, and litigation. With a distinguished background in the law and public service, he served as chief deputy attorney general of Virginia before joining the firm. In addition to overseeing the Department of Law and Division of Debt Collection, Chuck managed a team of attorneys who handle complex litigation and investigations. He also directed the attorney general’s legislative affairs and represented the attorney general in various capacities.
	Tim Bado Tim is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, where he represents corporations and individuals facing potential civil and criminal exposure. Tim’s experience in government investigations, enforcement actions, and white-collar litigation spans a number of industries, including financial services, pharmaceutical, health care, and government contracting, among others.
	Jessica Birdsong Jessica is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice Group. She received her J.D. from the University of Richmond School of Law, magna cum laude, where she served as associate articles editor of the Journal of Law & Technology.
	Chris Carlson Chris Carlson represents clients in regulatory, civil and criminal investigations and litigation. In his practice, Chris regularly employs his prior regulatory experience to benefit clients who are interacting with and being investigated by state attorneys general.
	Blake R. Christopher Blake collaborates with clients on matters related to government contracting, investigations, and disputes. His senior-level government experience generates valuable insights and strategies for clients across a variety of industries.
	Natalia Jacobo Natalia is an associate in the firm’s Regulatory Investigations, Strategy and Enforcement (RISE) practice. She focuses her practice on two primary areas: government contracting and state attorney general work.
	Namrata Kang Namrata (Nam) is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group, based in the Washington, D.C. office. She routinely advises clients on a wide variety of state and federal regulatory matters, with a particular emphasis on state consumer protection laws relating to consumer financial services and marketing and advertising.
	Michael Lafleur Michael is an associate in the firm’s Regulatory Investigations, Strategy, and Enforcement Practice Group. Based out of the firm’s Boston office, Mike has deep experience in litigation, investigations, and other regulatory matters involving state-level regulators and state attorneys general.
	Susan Nikdel Susan is an associate in the firm’s Consumer Financial Services Practice Group, and focuses her practice on consumer financial services matters. She has defended several of the nation’s largest and most influential financial institutions in individual and class action litigation involving the Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and other consumer privacy statutes.
	Lane Page Lane specializes in federal and state regulatory investigations and complex civil litigation. He focuses on representing financial institutions and other businesses, with a particular emphasis on consumer protection and fair lending issues.
	Trey Smith Trey is an associate in the firm’s Regulatory Investigations, Strategy + Enforcement Practice. He focuses his practice on helping financial institutions and consumer facing companies navigate regulatory investigations and resulting litigation.
	Daniel Waltz Daniel is a member of the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group and State Attorneys General team. He counsels clients in connection with navigating complex government investigations, regulatory compliance, and transactions, involving state and federal government contracting obligations. Drawing on his broad experience as a former assistant attorney general for the state of Illinois, Daniel is a problem solver both inside and outside the courtroom.
	Cole White Cole is a member of the firm’s Regulatory Investigations, Strategy and Enforcement (RISE) group. He has a decade of experience working in the attorney general community, having joined the firm from the Wyoming Office of the Attorney General, where he was assistant attorney general.
	Stephanie Kozol Stephanie is Troutman Pepper’s senior government relations manager in the state attorneys general department.