Attorneys' Contingent Fees. Limits.
Official Title and Summary
Prepared by the Attorney General
Text of Proposition
- Limits fees which plaintiffs' attorneys may collect, if payable contingent on pl
aintiffs' 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 exc
eeding 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.
Analysis by the Legislative Analyst
Argument in Favor of Proposition 202
Rebuttal to Argument in Favor of Proposition 202
Rebuttal to Argument in Favor of Proposition 202
Argument Against Proposition 202
Rebuttal to Argument Against Proposition 202
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