Rhode Island General Laws
R.I. Gen. Laws § 9-31-11 (2026)
Conflict — Payment of counsel fees by state
✓ current as of July 2026
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In the event there is a conflict of interest or the attorney general determines it is not in the best interest of the state or the state employee or former state employee to represent him or her, the state shall pay for reasonable counsel fees; provided, however, that the attorney general shall consult in advance with the prospective counsel to establish the parameters within which the state will be liable for attorneys’ fees; and provided, further, that their reasonableness shall ultimately be reviewed and approved by the court before paid.
Notes of Decisions
Cited in 2
cases, 2002–2018 · leading case: Mottola v. Cirello, 789 A.2d 421 (R.I. 2002).
Mottola v. Cirello, 789 A.2d 421 (R.I. 2002). “In the event that the Attorney General, in the exclusive exercise of his or her statutory authority, deter *425 mines that it is not in the best interest of the state or the employee to undertake the defense, § 9-31-11 requires that the state pay for reasonable counsel fees and…”
State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018). “The RITA further argues that § 9-31-11, which becomes operable when the Attorney General has a conflict of interest, serves to limit the Attorney General's authority to determine indemnification to his or her office, and does not afford the Attorney General the authority to…”
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