Attorney General No.

SA95RF0006

Secretary of State No.

662

Description

ATTORNEYS' CONTINGENT FEES. LIMITS. INITIATIVE STATUTE. Limits fees which plaintiffs' attorneys may collect, if payable contingent on plaintiffs' recovery of compensation, in personal injury, wrongful death, other tort cases. Hourly rates not limited. Requires demand against defendants for compensation with supporting information. Allows defendants to respond with early settlement offer with supporting information. If accepted, plaintiffs' attorneys may not collect contingent fees exceeding 15% of defendants' offer. If not accepted, they may collect fees above 15% only on part of recovery in excess of defendants' early settlement offer. Fiduciary relationship applies to fee agreement between plaintiff, plaintiff's attorney. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The fiscal impact of this measure on state and local governments is unknown. It could result in either net savings or costs, depending largely on how attorneys and their clients respond to contingency limits.

Proponents

Michael Johnson Bill Zimmerman Bill Westermeyer Alliance To Revitalize California, 3303 Pico Blvd., Suite C, Santa Monica, Ca 90405 (310) 449-5390

Date

6-14-1995

Document Type

Initiative

Qualified

Qualified

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