73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 968-1
 
                         Senate Bill 441
 
Sponsored by Senator ATKINSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Limits contingent fee permitted in negligence claim based on
amount recovered. Authorizes court to further limit attorney fee
under contingent fee agreement in action based on negligence
claim.
 
                        A BILL FOR AN ACT
Relating to contingent fees.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) An attorney may not contract for or collect
a contingent fee in excess of the limits imposed by this section
for representing any person asserting a claim for personal injury
or death, including claims for emotional injury or distress, loss
of care, comfort, companionship and society, or loss of
consortium, based on alleged negligence of a person. The limits
imposed by this section are:
  (a) Fifty percent of the first $1,000 recovered by one or more
claimants based on a single occurrence or, if $1,000 or less is
recovered, fifty percent of the amount recovered;
  (b) Forty percent of any amount that exceeds $1,000 but that
does not exceed $2,000 recovered by one or more claimants based
on a single occurrence;
  (c) Thirty-three percent of any amount that exceeds $2,000 but
that does not exceed $50,000 recovered by one or more claimants
based on a single occurrence;
  (d) Twenty percent of any amount that exceeds $50,000 but that
does not exceed $100,000 recovered by one or more claimants based
on a single occurrence; and
  (e) Ten percent of any amount in excess of $100,000 recovered
by one or more claimants based on a single occurrence.
  (2) Any provision in a contingent fee agreement that provides
for a payment of attorney fees in excess of the limits imposed by
subsection (1) of this section is void and of no force and
effect.
  (3) The limits imposed by this section apply without regard to
whether recovery on a claim is by judgment, settlement,
mediation, arbitration or any other form of alternative dispute
resolution.
  (4) In any action based on a claim described in subsection (1)
of this section, a court may limit the attorney fee payable under
a contingent fee agreement to an amount that is less than the
maximum fee permitted under subsection (1) of this section. + }
  SECTION 2.  { + Section 1 of this 2005 Act applies only to
contingent fee agreements entered into on or after the effective
date of this 2005 Act. + }
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