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NY A07448

Bill

Status

Introduced

5/22/2023

Primary Sponsor

Charles Lavine

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Increases contingent fee percentages for medical, dental, and podiatric malpractice cases: 33.33% on first $500,000 (increased from 30% on $250,000), 30% on next $500,000 (increased from 25% on $250,000), 25% on next $500,000 (increased from 20%), and 20% on amounts over $1,500,000 (increased from 15% on amounts over $1,250,000)

  • Allows attorneys to apply to a judge for enhanced fees beyond the schedule if they demonstrate superior performance, considering case results and liability/damages issues, without requiring plaintiff consent as a condition of approval

  • Permits plaintiffs to voluntarily waive percentage limitations by deviating from the medical malpractice retainer agreement, capped at 33.33% of recovery

  • Clarifies that computed percentages are based on net recovery after deducting expenses and expert testimony costs, with no deductions for liens or insurance claims

  • Maintains existing protections for contingent fees in cases involving infants under judiciary law section 474

Legislative Description

Updates contingent fee rules for attorneys in claims or actions for medical, dental or podiatric malpractice; permits applications for enhanced fees; permits plaintiffs to waive contingent retainer limitations.

Last Action

referred to judiciary

1/3/2024

Committee Referrals

Judiciary5/22/2023

Full Bill Text

No bill text available