Attorney Fees

Use of Contingency Fee Arrangements by State Attorneys General
State of Rhode Island v. Lead Paint Industries Association
No. 2004-63-M.P.
Rhode Island Supreme Court

Concerned that the Rhode Island Attorney General created a substantial conflict of interest by farming out enforcement litigation to private counsel on a contingency fee basis, NCLC filed a brief with the state Supreme Court describing in detail the troubling relationships between state attorneys general and private counsel which have undermined public confidence in the states' primary litigators.  In doing so, NCLC carefully distinguished between contingency fee arrangements entered into by plaintiffs with limited resources and similar agreements entered into by states which, by the very nature of the public interest they serve, should be concerned with more than maximizing potential recovery.

Amicus brief filed 4/3/06. Oral argument held 4/3/06. Decision 5/13/06.

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Frivolous Lawsuits and Recovery of Attorneys' Fees
Mealey, et al. v. Pre-Paid Legal Services, Inc., et al.
No. 02-0082
Circuit Court of Wilkinson County, Mississippi 

Though this case has settled, NCLC argued that in seeking to recover attorneys' fees and expenses following an earlier court victory, plaintiffs' counsel failed to make any reasonable inquiry about the basic facts before filing the complaint in issue in the earlier lawsuit filed against Pre-Paid Legal Services. NCLC also maintains that plaintiffs' counsel did not provide any responses to discovery requests until two years after filing suit; the responses provided at that time were unverified and inaccurate; subsequent verified responses directly contradicted information provided in the original responses; the majority of plaintiffs were dismissed from the case before trial; and the only two cases that went to trial resulted in quick defense verdicts.

Motion for leave to file as amicus curiae and amicus brief in support of defendants filed 11/19/04.

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