S T A T E   O F   N E W   Y O R K
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                                  8423

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. ORTIZ, HIKIND, ROBINSON -- read once and referred
  to the Committee on Judiciary

AN  ACT  to  amend the judiciary law, in relation to contingent fees for
  attorneys

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 474-a of the judiciary law, as amended by chapter
485 of the laws of 1986, is amended to read as follows:
  S 474-a. Contingent fees  for  attorneys  in  claims  or  actions  for
medical,  dental or podiatric malpractice, OR IN ANY CLAIM OR ACTION FOR
PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH. 1. For the  purpose
of this section, the term "contingent fee" shall mean any attorney's fee
in  any claim or action for medical, dental or podiatric malpractice, OR
IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING
DEATH, whether determined by judgment or settlement, which is  dependent
in  whole or in part upon the success of the prosecution by the attorney
of such claim or action, or which is to consist of a percentage  of  any
recovery,  or a sum equal to a percentage of any recovery, in such claim
or action.
  2. Notwithstanding any inconsistent judicial rule, a contingent fee in
a medical, dental or podiatric malpractice action, OR IN  ANY  CLAIM  OR
ACTION  FOR  PROPERTY  DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, shall
not exceed the amount of compensation  provided  for  in  the  following
schedule:

     30 percent of the first $250,000 of the sum recovered;
     25 percent of the next $250,000 of the sum recovered;
     20 percent of the next $500,000 of the sum recovered;
     15 percent of the next $250,000 of the sum recovered;
     10 percent of any amount over $1,250,000 of the sum recovered.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04184-01-5

              

A. 8423                             2

  3.  Such  percentages shall be computed on the net sum recovered after
deducting from the  amount  recovered  expenses  and  disbursements  for
expert testimony and investigative or other services properly chargeable
to the enforcement of the claim or prosecution of the action. In comput-
ing  the  fee,  the  costs as taxed, including interest upon a judgment,
shall be deemed part of the amount recovered.    For  the  following  or
similar items there shall be no deduction in computing such percentages:
liens,  assignments  or  claims in favor of hospitals, for medical care,
dental care, podiatric care and treatment by doctors and nurses,  or  of
self-insurers or insurance carriers.
  4.  In  the  event that claimant's or plaintiff's attorney believes in
good faith that the fee schedule set forth in subdivision  two  of  this
section,  because  of  extraordinary  circumstances,  will  not give him
adequate compensation, application for greater compensation may be  made
upon affidavit with written notice and an opportunity to be heard to the
claimant  or plaintiff and other persons holding liens or assignments on
the recovery. Such application shall be made to the justice of the trial
part to which the action had been sent for trial; or, if it had not been
sent to a part for trial, then to the justice  presiding  at  the  trial
term calendar part of the court in which the action had been instituted;
or,  if  no action had been instituted, then to the justice presiding at
the trial term calendar part of the Supreme Court for the county in  the
judicial  department  in  which  the  attorney  has an office. Upon such
application, the justice, in his discretion,  if  extraordinary  circum-
stances are found to be present, and without regard to the claimant's or
plaintiff's  consent,  may  fix  as  reasonable  compensation  for legal
services rendered an amount greater than that specified in the  schedule
set  forth  in  subdivision two of this section, provided, however, that
such greater amount shall not exceed  the  fee  fixed  pursuant  to  the
contractual  arrangement,  if any, between the claimant or plaintiff and
the attorney. If the application is granted, the justice  shall  make  a
written  order accordingly, briefly stating the reasons for granting the
greater compensation; and a copy of such order shall be  served  on  all
persons entitled to receive notice of the application.
  5.  Any  contingent  fee  in  a claim or action for medical, dental or
podiatric malpractice, OR IN ANY CLAIM OR ACTION FOR PROPERTY DAMAGE  OR
PERSONAL  INJURY,  INCLUDING DEATH, brought on behalf of an infant shall
continue to be subject to the provisions of section four hundred  seven-
ty-four of this [chapter] ARTICLE.
  S 2. This act shall take effect immediately.