Monday, January 16, 2012

Bill to limit outside attorney's fees filed.

Republican Senator Joey Fillingange didn't waste any time filing a bill to change the way Jim Hood does business. SB#2102 will place limits on the fees attorneys can receive in contingency fee contracts with the state. Current law does not place any limits on attorney's fees in such suits. Section 1(c)provides the proposed guidelines:

1. 25% of any portion of a recovery not exceeding $10 Million PLUS
2. 20% of any portion of a recovery between $10 million & $15 million PLUS
3. 15% of any portion of a recovery between $15 million & $20 million PLUS
4. 10% of any recovery between $20 million and $25 million PLUS
5. 5% of any recover over $25 million.

The bill also limits the fees to $50 million excluding actual and reasonable costs and regardless of the number of attorneys involved in the litigation.
The bill mandates a government attorney "with supervisory capacity shall be personally involved in overseeing the litigation" and will have veto power over any decisions made by "outside counsel". Copies of the contracts between the private attorneys and the A.G. shall be posted on the his website within five days after the contract is executed. Payments of contingency fees would be posted on the website within 15 days after payment as well.

The bill has been referred to Senate Judiciary "Committee".

Editorial comment: This bill is high on the list of Republican objectives and its no surprise this bill was filed on the first day. This bill will probably move like a freight train through the Legislature to the Governor's desk.



Posted by Kingfish at 8:25 AM
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8 comments:

Anonymous said...

How does this compare to the fee schedules used by Hood in present cases? I believe they're posted on the AG website somewhere.

I have no opinion on the issue, but will note that 25% for the 1st bracket is well below market rate. OTOH, there's no reason to have the bracket go up to $10M.

January 16, 2012 at 9:56 AM
KaptKangaroo said...

I believe the issue is letting firms inside the State of MS handle these cases and the concern for outside firms funding certain political war chests.

Firms in MS should have first consideration. Beyond that the best firm or most appropriate firm should be chosen under strict criteria.

January 16, 2012 at 12:29 PM
KaptKangaroo said...

I believe the issue is letting firms inside the State of MS handle these cases and the concern for outside firms funding certain political war chests.

Firms in MS should have first consideration. Beyond that the best firm or most appropriate firm should be chosen under strict criteria.

January 16, 2012 at 12:29 PM
Anonymous said...

"Beyond that the best firm or most appropriate firm should be chosen under strict criteria."

That is a little easier to say than to do. There aren't always "strict criteria" for why Firm A should be chosen instead of Firm B. And at some point, micromanaging that is going to infringe on the AG's constitutional position.

But I think the Legislature is right to avoid any Mike-Moore-sized payoffs in the future.

January 16, 2012 at 12:57 PM
Anonymous said...

Excellent, this will REALLY help our State moving forward. {eye roll}

January 17, 2012 at 2:32 PM
Anonymous said...

Why don't some of these big firms do this for free as a service to the state? It seems Rham is getting this done in Chi-town. I am sure Haley needs some work.

January 17, 2012 at 9:28 PM
Anonymous said...

Fillingane is chair of Finance not Judiciary A. He was chair of Judiciary A last term. Hopson is chair Jud A this term.

January 18, 2012 at 2:39 PM
Anonymous said...

Why don't some of these big firms do this for free as a service to the state?

Some people are so generous in their unselfish willingness to give away other people's time and effort.

I thought around here, those were called "liberals."

January 18, 2012 at 3:15 PM

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