MS HB1083

Allows prevailing defendants in civil actions to file an itemized list of defense preparation costs and expenses with the court for approval and payment by the plaintiff and plaintiff's attorney.

Exempts plaintiff's attorneys with set or hourly fee arrangements from liability; limits contingency fee attorneys' liability to the maximum contingency percentage they would have received if plaintiff had won.

Permits defendants to file a separate suit for payment of approved expenses if not paid within 90 days, with joint and several liability applying to plaintiff and attorney.

Amends Section 11-55-5 to establish joint liability between parties and their attorneys for frivolous suits, allowing courts to assess reasonable attorney's fees, costs, and damages against both the offending party and attorney together.

Amends Section 11-55-7 to include damages as an awardable amount in frivolous suit determinations, effective July 1, 2013 for all causes of action filed on or after that date.