Attorneys. Fees. Right to Negotiate. Frivolous Lawsuits.
Initiative Statute.Summary: Declares this measure to be in conflict with the "Lawyer Contingent Fee Limitation Act" initiative and similar measures. Provides the right to negotiate amount of attorneys' fees, whether fixed, hourly or contingent, shall not be restricted. Prohibits attorney from charging/collecting excessive or unconscionable fees. Authorizes court to impose sanctions upon attorney who files a lawsuit or pleading 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.
Fiscal Impact: Unknown, but probably not significant, net fiscal impact on state and local governments.
A YES vote on this measure means: It would be more difficult for the Legislature to change laws concerning attorney-client fee arrangements. Courts and the State Bar would be required to sanction or recommend disciplinary measures against attorneys who file frivolous legal actions. Attorneys would not receive fees for cases in which they were sanctioned by the court for a frivolous legal action.
A NO vote on this measure means: There would be no change in the Legislature's ability to change laws concerning attorney-client fee arrangements. Courts and the State Bar would retain discretion on when to sanction or recommend disciplinary measures against attorneys who file frivolous legal actions. An attorney may receive legal fees in cases where he or she has been sanctioned for a frivolous legal action.
The State Ballot Pamphlet, published by the Secretary of State, features the text, fiscal analysis, and pro/con arguments.
Official Contact Information
Proponents: Roy Wayne McClean
Contact in Support: Hillary McClean
Consumer Attorneys of California
Contact in Opposition: Association for California Tort Reform
fax: (916) 443-4306
Related Web Sites
Support: Consumer Attorneys of California
Opposition: Association for California Tort Reform Neutral: None available to date.
This initiative was placed on the ballot through petition of the voters.
Source information for this material is available.
Web site additions and corrections can be made by email.
HOME | SEARCH | ADD-A-LINK
The California Online Voter Guide is
a project of the California Voter Foundation.