Prohibits an attorney from contracting for or collecting certain fees. (BDR 1-1016)

Existing law prohibits an attorney who represents a plaintiff in a civil action against a provider of health care for professional negligence from contracting for or collecting a fee contingent on the amount of recovery in excess of 35 percent of the amount recovered. Existing law defines “recovered” as the net sum recovered by the plaintiff after any disbursements or costs in connection with the prosecution or settlement of the claim and provides that costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs. (NRS 7.095) Existing law also limits the amount of a fee payable to all retained attorneys or law firms representing certain state agencies under a contingent fee contract to 25 percent of the amount recovered, exclusive of any costs and expenses provided for by the contract and actually incurred by the retained attorneys or law firms. (NRS 228.1116) This bill prohibits an attorney who represents a plaintiff in a civil action, other than actions against a provider of health care for professional negligence or matters contracted for by an attorney or law firm representing certain state agencies, from contracting for or collecting a fee contingent on the amount of recovery in excess of 20 percent of the amount recovered. For such purposes, this bill defines “recovered” as the net sum recovered by the plaintiff after deducting any disbursements or costs in connection with the prosecution or settlement of the claim.