BILL NUMBER: S6269
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the judiciary law, in relation to reform and update
contingent fee rules for attorneys in claims or actions for medical,
dental or podiatric malpractice
 
PURPOSE:
To reform and update contingent fee rules for attorneys in claims or
actions for medical, dental or podiatric malpractice.
 
SUMMARY OF PROVISIONS:
The bill, among other things, sets forth a new compensation schedule and
lists factors to be considered by a court when granting an application
for an enhanced fee.
 
JUSTIFICATION:
In a contingency fee case, the injured party pays his or her attorney a
percentage of the amount recovered at the end of the case, and he or she
does not pay legal fees if there is no recovery. If the attorney does
not win the case, they do not receive a fee. For over 100 years, the
contingency fee system has enabled ordinary Americans to have their day
in court represented by effective counsel. In medical malpractice cases,
contingency fees allow victims and families who cannot afford to pay an
hourly rate to retain high-quality legal representation willing to
assume the risk of investing time and capital in a case that includes a
prospect of zero compensation.
This bill is a comprehensive reform that adjusts the statutory fee
scale, reforms how a claimant can waive the fee scale, and changes how a
court assesses applications from attorneys to obtain an enhanced fee
(notwithstanding the fee scale) and removes the requirement that a
contingency fee attorney must submit hours.
 
LEGISLATIVE HISTORY:
2021-22: Referred to Judiciary
2023-24: Referred to Judiciary
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S6269: 474-a judiciary law