Contingency Lawyers Undermine Integrity of Government Prosecutions

Margaret A. Little

There’s been a lot of press coverage of the climate change subpoenas that were issued and then withdrawn by U.S. Virgin Islands Attorney General Claude Walker. But one issue that’s been relatively neglected is whether his contingency-fee agreement with the class action law firm Cohen Milstein is even legal under the law of the Virgin Islands. That contract provides that Cohen Milstein will “represent” the government and advance all costs and expenses of litigating the controversial climate change investigation, and in turn awards Cohen Milstein 27% of the Virgin Islands recovery of the first $150 million from the investigation’s targets.

Under principles of public finance law common to the various United States and territories, all funds owed to the government from whatever source, however obtained, and in whatever form, are public monies. They are subject to public control and accountability, and no one in the Executive Branch has the appropriations power to transfer these funds to contingency fee attorneys. That includes an attorney general.....To Read More......