S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3446
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, HIKIND -- 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:
   §  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.
                                                            LBD08353-01-7
              

 A. 3446                             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.
   § 2. This act shall take effect immediately.