Government Retention of Personal Injury Lawyers: H.B. 2423 (2011); A.R.S. § 41-4801.

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Bars the state from entering into a contingency fee contract


Bars the state from entering into a contingency fee contract with a private attorney unless the attorney general first makes a written determination that the contingency fee representation is both cost effective and in the public interest.  The contract must be posted on the attorney general’s website for at least 365 days.  Limits the amount of aggregate contingency fees that the attorney may receive. The private attorney may not receive more than 25% of any recovery less than $10 million, 20% of any recovery of between $10 million and $15 million, 15% of any recovery of between $15 million and $20 million, 10% of any recovery of between $20 million and $25 million, and 5% of any recovery of more than $25 million.

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