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WV SB543
Bill
AI Summary
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Political subdivisions in West Virginia must obtain Attorney General approval before entering into contingency fee contracts with private attorneys, with the Attorney General having 90 days to approve, deny for non-compliance, or deny if the matter overlaps with state litigation
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Before approving a contingency fee arrangement, political subdivisions must provide public notice and hold an open meeting addressing reasons for hiring outside counsel, the attorney's qualifications, why internal resources are insufficient, and why a non-contingency arrangement is not feasible
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Contracted attorneys must maintain detailed time and expense records available for inspection by both the political subdivision and Attorney General, with final statements on case outcomes and fee computations being public information
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Political subdivisions must retain control over litigation, including veto power over counsel's decisions and exclusive authority over settlement decisions, with designated employees required to oversee the case and attend settlement conferences when possible
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Contracts that violate these requirements are void as against public policy, and no fees may be paid under void contracts, though contracts expressly approved by the Attorney General cannot later be declared void
Legislative Description
Clarifying oversight by Attorney General of political subdivision’s hiring of private attorney under contingency fee or contract to sue
Municipalities
Last Action
To Judiciary
2/19/2025