Access to Justice: The Use of Contingent Fee Arrangements by Public Officials to Vindicate Public Rights

Authors

Neil F. X. Kelly, Rhode Island Department of Attorney General
Fidelma L. Fitzpatrick, Motley Rice LLC

Abstract

The article examines the legality and efficacy of contingent fee agreements in public nuisance litigation, particularly in the context of childhood lead poisoning cases. It argues that such agreements are valid, ethical, and necessary for governments to pursue justice and remediation in cases where public health and safety are at risk. The analysis focuses on the landmark Rhode Island case against lead pigment manufacturers, highlighting how contingent fee arrangements ensure fair representation and accountability without compromising due process or impartiality.

Disciplines

Health Law and Policy | Law | Torts

Recommended Citation

Neil F. Kelly & Fidelma L. Fitzpatrick, Access to Justice: The Use of Contingent Fee Arrangements by Public Officials to Vindicate Public Rights, 13 Cardozo J. Equal Rts. & Soc. Just. 759 (2008).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol13/iss4/4