Assembly Actions -
Senate Actions - UPPERCASE
|May 25, 2022||
referred to judiciary
Senate Bill S9421
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S9421 (ACTIVE) - Details
2021-S9421 (ACTIVE) - Summary
Updates the procedure for applying for attorney's fees in medical, dental or podiatric malpractice cases in excess of the statutory contingent fee schedule in circumstances where the amounts set forth in such fee schedule are inadequate to compensate the attorney for the legal services rendered.
2021-S9421 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9421 SPONSOR: BAILEY TITLE OF BILL: An act to amend the judiciary law, in relation to applications for enhanced attorney's fees in medical, dental and podiatric malpractice cases PURPOSE OR GENERAL IDEA OF BILL: The purpose Of this bill is to ensure that victims of medical malprac- tice and families who cannot afford to pay an hourly rate for counsel nevertheless obtain high-quality legal representation willing to assume the risk of working on a contingency fee basis. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 474-a (4) of the Judiciary Law so that in the event a claimant's or plaintiff's attorney believes in good faith that he or she is entitled to greater compensation than provided for the fee schedule set forth in section 474(a) (2) of the judiciary
2021-S9421 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9421 I N S E N A T E May 25, 2022 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to applications for enhanced attorney's fees in medical, dental and podiatric malpractice cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 474-a of the judiciary law, as amended by chapter 485 of the laws of 1986, is amended to read as follows: 4. In the event that claimant's or plaintiff's attorney believes in good faith that HE OR SHE IS ENTITLED TO GREATER COMPENSATION THAN THE AMOUNTS PROVIDED IN the fee schedule set forth in subdivision two of this section[, because of extraordinary circumstances, will not give him adequate compensation], AN 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 assign- ments 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 OR HER discretion, [if extraordinary circumstances are found to be present, and without regard to the claimant's or plaintiff's consent,] may fix as reasonable compen- sation 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 pursu- ant to the contractual arrangement, if any, between the claimant or plaintiff and the attorney. FACTORS TO BE CONSIDERED BY THE COURT IN DETERMINING WHETHER TO GRANT AN APPLICATION FOR AN ENHANCED FEE PURSUANT TO THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO WHETHER THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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