In the United States, and the United States of America many civil rights statutes rely on private attorneys general for their enforcement. In Newman v. Piggie Park Enterprises, one of the earliest cases construing the Civil Rights Act of 1964, the United States Supreme Court ruled that “A public accommodations suit is thus private in form only. When a plaintiff brings an action … he cannot recover damages. If he obtains an injunction, he does so not for himself alone but also as a ‘private attorney general,’ vindicating a policy that Congress considered of the highest priority.” ^{Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400 88 S.Ct. 964, 19 L.Ed.2d 1263.]} The United States Congress has also passed laws with “private attorney general” provisions that provide for the enforcement of laws codified in Title 18.

Another example of the “private attorney general” provisions is the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO allows private attorneys general to sue organisations that commit mail and wire fraud as part of their criminal enterprise.

The U.S. Congress codified the private attorney general principle into law with the enactment of Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C. § 1988. The Senate Report on this statute stated that The Senate Committee on the Judiciary wanted to level the playing field so that private citizens, who might have little or no money, could still serve as “private attorneys general” and afford to bring actions, even against state or local bodies, to enforce the civil rights laws. The Committee acknowledged that, “[i]f private citizens are to be able to assert their civil rights, and if those who violate the Nation’s fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court.” The Senate reported that it intended fee awards to be “adequate to attract competent counsel” to represent client with civil rights grievances. S. Rep. No. 94-1011, p. 6 (1976). The U.S. Supreme Court has interpreted the act to provide for the payment of a “reasonable attorney’s fee” based on the fair market value of the legal services.

Our private attorneys general office holders are highly experienced and well-versed in a variety of international law areas. Trust in our expertise to achieve the best outcome to address issues impacting indigenous people.