Attorney General No.

SA95RF0056

Secretary of State No.

714

Description

FRIVOLOUS LAWSUITS. ATTORNEYS' CONTINGENT FEES. LIMITS. INITIATIVE STATUTE. Limits fees which plaintiffs' attorneys may collect in tort actions, shareholder derivative actions, and securities law class actions. Allows lawsuit against attorney for excessive fee. Authorizes court to impose sanctions upon attorney who files a pleading or paper in a lawsuit which is completely without merit or filed solely to harass opposing party. Prohibits sanctioned attorney from collecting fees for case. Requires State Bar to recommend appropriate discipline for attorneys who have repeated sanctions. Declares this measure to be in conflict with the "Frivolous Lawsuit Limitation Act," and other fee limitation measures. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The fiscal impact of this measure on state and local governments is unknown. It could result in either net savings or costs, depending largely on how attorneys and their clients respond to contingency limits.

Proponents

Thomas Proulx C/O: The Pbn Company, 1225 Eighth Street, Suite 590, Sacramento, California 95814

Date

2-1-1996

Document Type

Initiative

Qualified

Failed to Qualify

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