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CA AB2804

Bill

Status

Failed

11/30/2016

Primary Sponsor

Cheryl Brown

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Requires city councils and county boards of supervisors to make a written determination that contingency fee legal contracts are cost-effective and in the public interest before entering into such agreements for civil litigation.

  • Mandates specific written findings supporting contingency fee contracts, including assessment of existing legal resources, case complexity, geographic area, and attorney experience with similar matters.

  • Requires cities and counties to post a written request for proposals on their websites and execute contingency fee contracts with specified oversight provisions, including retention of control by in-house counsel and monthly status reports from contracted attorneys.

  • Obligates cities and counties to publicly post executed contingency fee contracts within 5 days and contingency fee payments within 15 days on their websites, with contracts remaining posted for the matter's duration and payments for at least one year.

  • Excludes fines, civil penalties, and punitive damages from contingency fee calculations and requires contracted attorneys to maintain detailed records of services and expenses for at least four years, available under the California Public Records Act.

Legislative Description

Cities and counties: legal services: contingency fee contracts.

Last Action

From committee without further action.

11/30/2016

Committee Referrals

Local Government3/14/2016

Full Bill Text

No bill text available