Missouri 2023 Regular Session

Missouri Senate Bill SB600

Introduced
2/6/23  

Caption

Repeals certain provisions relating to contingency fee contracts with private attorneys retained by the state

Impact

If enacted, SB600 would significantly alter how the state engages with private attorneys on a contingency fee basis. The proposed legislation restricts the Attorney General's ability to enter into these contracts without thorough justification, therefore ensuring that the interests of the state are prioritized. This could lead to reduced reliance on private legal services for state matters, emphasizing internal legal capabilities instead. Additionally, the bill limits the maximum total fees payable to all retained private attorneys to ten million dollars, potentially cutting costs associated with legal representation in major cases.

Summary

Senate Bill 600, introduced by Senator Schroer, seeks to repeal and replace existing legislation regarding contingency fee contracts with private attorneys retained by the state. The bill mandates that the Attorney General must make a written determination prior to entering any such contract, assessing its cost-effectiveness and public interest implications. It stipulates specific criteria that should be evaluated, including available resources within the Attorney General's office, the complexity of the legal matter, and the experience required for the legal services.

Sentiment

The sentiment surrounding SB600 appears to be cautiously optimistic among proponents, who argue that the bill reinforces accountability and ensures careful management of public resources. Critics may express concerns over the limitations it imposes, fearing it could lead to delays or inadequate legal representation for the state in certain complex cases. The overall discussion reflects a balance between ensuring prudent fiscal practices and maintaining adequate legal support for state interests.

Contention

Notable points of contention revolve around the constraints placed on obtaining legal services through contingency contracts. Opponents might view these restrictions as detrimental to flexibility in legal representation, particularly in complex or high-stakes situations where specialized legal expertise may be required. Additionally, there could be debates about whether the proposed limitations might discourage private attorneys from working with the state due to perceived financial risks.

Companion Bills

No companion bills found.

Similar Bills

CA AB1146

Cities and counties: legal services: contingency fee contracts.

OK HB1685

Attorney General; private attorney contracts; effective date.

LA SB731

Authorizes the attorney general to enter into certain contingency fee contracts. (8/15/10) (RE1 SEE FISC NOTE GF EX See Note)

OK SB984

Legal representation; modifying requirements for contracting for certain legal representation. Effective date.

OK HB3547

State government; Attorney General; modifying reporting on certain contracts to fiscal year; adding information to report; effective date.

OK HB2085

State government; legal representation of agency; prohibiting certain attorneys from being voting members of boards or commissions; effective date.

OK HB2085

State government; legal representation of agency; prohibiting certain attorneys from being voting members of boards or commissions; effective date.

WV SB543

Clarifying oversight by Attorney General of political subdivision’s hiring of private attorney under contingency fee or contract to sue