Proposition Summary

ATTORNEYS. FEES. RIGHT TO NEGOTIATE. FRIVOLOUS LAWSUITS. INITIATIVE STATUTE. Except as allowed by laws in effect on January 1, 1995, prohibits restrictions on the right to negotiate amount of attorneys' fees, whether fixed, hourly or contingent. Prohibits attorney from charging or collecting excessive or unconscionable fees. Authorizes court to impose sanctions upon attorney who files a lawsuit or pleading which is totally and 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 with repeated sanctions. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Adoption of this measure would have an unknown, but probably not significant, net fiscal impact on state and local governments.

Proposition Number

207

Year

1996

Document Type

Proposition

Pass/Fail

Fail

Popular Vote Results

Y: 3206350; A: 34.2; N: 6163645; B: 65.8

Election Type

General Election

Proposition Type

Initiative

For Author

Mary E. Alexander, President, Consumer Attorneys of California

Against Author

John Sullivan, President, Association for California Tort Reform; Martyn B. Hopper, State Director, National Federation of Independent Business/California; Bill Morrow, Assemblyman, 73rd District Chairman, Assembly Judiciary Committee

Rebuttal Author

Sarah F. Cheaure, Executive Director, Citizens Against Lawsuit Abuse (CALA); Martyn B. Hopper, State Director, National Federation of Independent Business/California; John Sullivan, President, Association for California Tort Reform

Rebuttal Against Author

Mary E. Alexander, President, Consumer Attorneys of California

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