2/20/02 2682s

17apr02...3058h

2002 SESSION

02-3057

06/09

SENATE BILL 339

AN ACT relative to approval of contingent fee agreements by the courts.

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill removes a requirement that attorneys file written contingency agreements and reviews of fees received with the court. The bill requires attorneys' fees and costs in actions resulting in settlement or judgment of more than $200,000 to be approved by the courts.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2682s

17apr02...3058h

02-3057

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to approval of contingent fee agreements by the courts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

153:1 Contingent Fees. Amend RSA 508:4-e to read as follows:

508:4-e [Contingent Fees] Attorneys' Fees for Services.

I. Contingent fee agreements between attorney and client shall be governed by Rules of Professional Conduct, Rule 1.5 as it may be amended by the supreme court from time to time and by any other rules regarding fees which are adopted or amended by the court.

II. No attorney shall enter into such a contingent fee arrangement with his or her client without first advising the client of his or her right and affording the client an opportunity to retain the attorney under an arrangement whereby the attorney would be compensated on the basis of the reasonable value of his or her services.

III. [All written contingency fee agreements entered into pursuant to Rule 1.5(c) of the Rules of Professional Conduct shall be filed with the court at the time of the entry of pleadings by the plaintiff's attorney.

IV. At the time of settlement or judgment of any action, all counsel of record will submit to the court a complete review of all fees received for services for said action; and all costs accruing from said action including, but not limited to, fees paid to expert witnesses.] All fees and costs for actions, resulting in settlement or judgment of $200,000 or more, shall be subject to approval by the court.

153:2 Effective Date. This act shall take effect January 1, 2003.

(Approved: May 15, 2002)

(Effective Date: January 1, 2003)