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MO HB851
Bill
Status
3/13/2013
Primary Sponsor
Mark Parkinson
Click for details
AI Summary
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Attorney General must make written determination that contingency fee representation is cost effective and in the public interest before entering into any contingency fee contract with private attorneys, addressing factors including available legal resources, case complexity, geographic area, and attorney experience.
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Contingency fee contracts are capped at a tiered structure: 25% of recovery up to $10 million, 20% of recovery between $10-15 million, 15% of recovery between $15-20 million, 10% of recovery between $20-25 million, and 5% of recovery above $25 million.
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Government attorneys must retain complete control over case strategy and decisions, with a supervisory government attorney overseeing litigation and attending settlement conferences, and the Attorney General retaining exclusive authority over settlement decisions.
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Attorney General must develop a standard contract addendum for all contingency fee agreements and post executed contracts, written determinations, and contingency fee payments on the Attorney General's website within specified timeframes for public inspection.
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Private attorneys must maintain detailed financial and time records for at least four years after contract expiration, and the Attorney General must submit annual reports to legislative leadership detailing all contingency fee contracts, matters, parties, recoveries, and fees paid.
Legislative Description
Establishes limits on the contingency fees a private attorney may receive when entering into a contingency fee contract with the state
Last Action
Action Postponed (H)
5/1/2013