Attorney General No.

SA95RF0005

Secretary of State No.

664

Description

ATTORNEYS. FEES. RIGHT TO NEGOTIATE. FRIVOLOUS LAWSUITS. INITIATIVE STATUTE. Declares this measure to be in conflict with the "Lawyer Contingent Fee Limitation Act" initiative and similar measures. Provides the right to negotiate amount of attorneys' fees, whether fixed, hourly or contingent, shall not be restricted. Prohibits attorney from charging/collecting excessive or unconscionable fees. Authorizes court to impose sanctions upon attorney who files a lawsuit or pleading which is completely without merit or filed solely to harass opposing party. Prohibits sanctioned attorney from collecting fees for case. Requires State Bar to recommend appropriate discipline for attorneys who have repeated sanctions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Possible increased, but insignificant, costs to state and local governments.

Proponents

Roy Wayne Mcclean Nora Cody C/O Joseph Remcho And Robin Johansen Remcho, Johansen And Purcell, 220 Montgomery Street, Suite 800, San Francisco, Ca 94104 (415) 398-6230

Date

6-15-1995

Document Type

Initiative

Qualified

Qualified

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