HB 238 Summary

• Establishes the "Transparency in Private Attorney Contracts Act" requiring the attorney general to make written cost-effectiveness determinations before entering contingency fee contracts with private attorneys.

• Sets declining contingency fee caps: 25% on damages up to $10 million, 20% on $10-15 million, 15% on $15-20 million, 10% on $20-25 million, and 5% on amounts exceeding $25 million, with a $50 million aggregate cap unless controlling board approval is obtained.

• Prohibits contingency fees based on penalties or civil fines and requires executed contracts be posted on the attorney general's website for the contract duration.

• Mandates private attorneys maintain detailed financial and time records for three years after contract expiration and requires the attorney general to submit annual reports to legislative leadership identifying all contracts, legal matters, and approved fees.

• Requires assistant attorney generals to maintain supervisory control and veto authority over private attorney decisions, with final settlement approval reserved exclusively to the attorney general.