SB 432 Regulates contingency-fee contracts between state entities and private attorneys
Sponsor: Munzlinger
LR Number: 1895S.01I Fiscal Note: 1895-01N.ORG
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 4/18/2011 - SCS Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee (1895S.02C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2011

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Current Bill Summary


SCS/SB 432 - This act prohibits the state and any of its agents from entering into a contingency fee contract with a private attorney, unless the Attorney General makes specific written findings. The Attorney General is required to request proposals from private attorneys, unless the Attorney General makes a written determination that requesting proposals is not feasible. Private attorneys that enter into contingency fee contracts with the state are prohibited from receiving more than a twenty-five percent of the net recovery to the state.

A private attorney who is representing the state on a contingency fee basis is required to maintain records about their expenses for at least four years after the contract terminates. The attorney is required to make these records available to the public under the sunshine law.

The Attorney General is required to post certain information about the contingency fee arrangement on their website. The Attorney General is also required to submit an annual report regarding the use of contingency fee contracts.

EMILY KALMER