Government Retention of Personal Injury Lawyers- S.B. 59 (2011); Sections 34.376, 34.378, and 34.380.

| November 4, 2016

Prohibits the state and any of its agents from entering

Prohibits the state and any of its agents from entering into a contingency fee contract with a private attorney, unless the Attorney General makes specific written findings. The Attorgeny General is required to request written proposals from private attorneys, unless the Attorney General makes a written determination that requesting proposals is not feasible. If the Attorney General requests proposals from private attorneys, the Attorney General is requried to choose the lowest and best bid or request the office of adminstration establish an independent panel to evaluate the proposals and choose the lowest and best bid. A private attorney who is representing the state on a contingency fee basis is requried to maintain records about their expenses for at least four years after the contract terminates. The attorney general’s office is required to respond to requests to make these records available to the public under the sunshine law. The Attorney General is required to post certain information about the contingency fee arrangement on its website. The Attorney General also is required to submit an annual report regarding the use of contingency fee contracts.

In War On Arbitration, Consumers And Companies Both Lose

In The News

ATRA President Tiger Joyce writes how companies that end arbitration face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings.