Bill Text: NY S02410 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02410 Detail]
Download: New_York-2023-S02410-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2410 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ 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: 1 Section 1. Subdivision 4 of section 474-a of the judiciary law, as 2 amended by chapter 485 of the laws of 1986, is amended to read as 3 follows: 4 4. In the event that claimant's or plaintiff's attorney believes in 5 good faith that he or she is entitled to greater compensation than the 6 amounts provided in the fee schedule set forth in subdivision two of 7 this section[, because of extraordinary circumstances, will not give him8adequate compensation], an application for greater compensation may be 9 made upon affidavit with written notice and an opportunity to be heard 10 to the claimant or plaintiff and other persons holding liens or assign- 11 ments on the recovery. Such application shall be made to the justice of 12 the trial part to which the action had been sent for trial; or, if it 13 had not been sent to a part for trial, then to the justice presiding at 14 the trial term calendar part of the court in which the action had been 15 instituted; or, if no action had been instituted, then to the justice 16 presiding at the trial term calendar part of the Supreme Court for the 17 county in the judicial department in which the attorney has an office. 18 Upon such application, the justice, in his or her discretion, [if19extraordinary circumstances are found to be present, and without regard20to the claimant's or plaintiff's consent,] may fix as reasonable compen- 21 sation for legal services rendered an amount greater than that specified 22 in the schedule set forth in subdivision two of this section, provided, 23 however, that such greater amount shall not exceed the fee fixed pursu- 24 ant to the contractual arrangement, if any, between the claimant or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03290-01-3S. 2410 2 1 plaintiff and the attorney. Factors to be considered by the court in 2 determining whether to grant an application for an enhanced fee pursuant 3 to this subdivision shall include, but not be limited to whether the 4 performance of the attorney was superior, taking into account the 5 attendant circumstances including the result of the case in light of the 6 nature of the liability and damages issues, and whether the claimant or 7 plaintiff consents to the application; provided, however, that no such 8 determination shall be contingent on such claimant's or plaintiff's 9 consent thereto; and, provided further, that the attorney need not 10 submit the number of hours expended. If the application is granted, the 11 justice shall make a written order accordingly, briefly stating the 12 reasons for granting the greater compensation; and a copy of such order 13 shall be served on all persons entitled to receive notice of the appli- 14 cation. 15 § 2. This act shall take effect immediately.
