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 prompt 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' prompt settlement offer. Fiduciary relationship applies to fee agreement between plaintiff, plaintiff's attorney. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Adoption of this measure would have an unknown net fiscal impact on state and local governments.
Popular Vote Results
Y: 2769466; A: 48.79; N: 2907347; B: 51.21
Mary Anderson, Executive Director, California Business Roundtable; Garry Deloss, Former Executive Director, California Consumer Organization; Thomas Proulx, Author of Quicken personal finance software
Candace Lightner, Founder, Mothers Against Drunk Driving (MADD); Harvey Rosenfield, Director, Foundation For Taxpayer and Consumer Rights
Rebuttal Against Author
Michael Johnson, Policy Director, Voter Revolt to Cut Insurance Rates
Attorneys' Contingent Fees. Limits. California Proposition 202 (1996).