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Little Rock approves contingency hire of outside law firm in Marquette Transportation case; council to seek Arkansas governing law
Summary
The board approved an emergency ordinance authorizing a contract with Cohen Frey PC to assist in litigation against Marquette Transportation Company and related defendants; the city attorney said the firm will be paid one-third of recoveries and the board asked that the contract be governed by Arkansas law before execution.
The City of Little Rock on Sept. 2 authorized the city manager to enter into a professional-services contract with Cohen Frey PC of Ardmore, Pennsylvania, to assist in presentation of evidence and trial preparation in the city's lawsuit against Marquette Transportation Company and Gulf Inland LLC (case number recorded in the ordinance title). The ordinance was presented under an emergency clause and advanced through three readings.
City Attorney told the board the firm's fee arrangement is a contingency: "It will be a third one way or the other," he said, indicating the firm would receive roughly one‑third of any recovery whether by settlement or verdict. The attorney added the arrangement would include payment of certain witness fees from recoveries.
Director Antoine Phillips asked how the firm would be paid in the event of a settlement versus a trial and raised a separate concern about a governing-law clause in the contract that referenced Pennsylvania. Phillips told the board he preferred Arkansas law govern disputes with the hired firm. The city attorney said staff would "bring that up with them before we actually execute the contract."
Why it matters: the litigation seeks recovery for alleged damage to city infrastructure; hiring outside counsel with relevant experience can affect expected recovery and litigation costs. The ordinance language referenced the case number 423-CV-00831-BSM in the record.
The board approved the ordinance and later the emergency clause. The transcript records the vote outcome as "Ayes have it." Council members did not read a detailed roll-call vote in the meeting transcript. The adopted ordinance authorizes the city manager to execute a contract substantially like the exhibit attached to the ordinance, subject to staff confirmation the governing law will be Arkansas prior to execution.
The motion did not specify a cap or flat fee beyond the contingency description recorded in the meeting discussion. The city attorney said witness fees may be incurred and that some fees could be paid before net recovery if necessary depending on litigation events.
No further procedural directions (for example, an expanded procurement process) were recorded at the meeting; staff indicated they would negotiate the governing-law language and finalize the contract terms prior to signature.
