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MO HB851

Bill

Status

Introduced

3/13/2013

Primary Sponsor

Mark Parkinson

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary4/18/2013

Full Bill Text

No bill text available