The proposed bill aims to amend the Code of West Virginia by introducing a new section, 5-3-3b, which establishes oversight by the Attorney General regarding the hiring of private attorneys by political subdivisions under contingency fee arrangements. The bill outlines specific definitions, procedures for pre-formation and post-approval of contracts, and requirements for public disclosure of information related to these contracts. It mandates that political subdivisions must provide written notice to the public detailing the reasons for hiring a private attorney, the qualifications of the attorney, and the financial resources available to handle the legal matter internally. Additionally, the Attorney General's approval is required before any contingency fee contract becomes effective, with a timeline for review and stipulations for public access to contract details.
Furthermore, the bill includes provisions for indemnification, expedited review processes, and requirements for contracted attorneys to maintain detailed records of time and expenses. It emphasizes the political subdivision's control over the litigation process and outlines the conditions under which contracts may be deemed void. The legislation also clarifies that contracts entered into in violation of these provisions are void against public policy, ensuring that no fees can be paid under such contracts. The changes will only apply to contracts or amendments entered into after the effective date of the new section.
Statutes affected: Introduced Version: 5-3-3b