Proposition Summary

ATTORNEY FEES LIMIT FOR TORT CLAIMS. INITIATIVE STATUTE. Measure places limit on amount of a contingency fee an attorney may collect for representing a plaintiff in connection with a tort claim. The fee may be no more than 25 percent of first $50,000 recovered, no more than 15 percent of next $50,000 recovered, and no more than 10 percent of amount recovered above $100,000. The court may review the fee and reduce it below the stated limits if it is not reasonable and fair. Defines amount recovered to calculate fee limitations. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Fiscal impact on state and local governments is unknown and would depend on how attorneys and their clients respond to these contingency limits. The response could affect the number of cases filed and settled, and the size of awards.

Proposition Number

106

Year

1988

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y: 4288346; A: 46.9; N: 4855839; B: 53.1

Election Type

General Election

Proposition Type

Initiative statutory

Relevant Case

.

For Author

Tom McClintock, Member of the Assembly, 36th District Vice Chairman, Assembly Judiciary Committee; Alan F. Shugart, Chairman of the Board and CEO, Seagate Technology; John Fleming, University of California Law Professor

Against Author

Judith Rowland, Executive Director, California Center on Victimology; Tom Bradley, Mayor of Los Angeles

Rebuttal Author

Ralph Nader, Consumer Advocate; Heather Bechtel Maurer, Executive Director, Asbestos Victims of America; Gene Patterson, Executive Director, National Victim Center

Rebuttal Against Author

Jerry Eaves, Member of the Assembly, 66th District; James Nielsen, State Senator, 4th District; Regis McKenna, Chairman of the Board and CEO, Regis McKenna, Inc.

Download

Share

COinS