HB 2474-S - DIGEST

 

              (DIGEST OF PROPOSED 1ST SUBSTITUTE)

 

     Finds that certain individuals may be deterred from defending against civil lawsuits, or pursuing legal action against the unreasonable actions of others, because they do not possess the required financial resources to retain an attorney for defending or pursuing litigation.

     Provides that a party who is representing himself or herself is entitled to attorneys' fees under this act if such fees would have been awarded to a party represented by an attorney.  Fees awarded under this subsection shall be based on the prevailing local hourly rate charged by attorneys practicing within the area of law that was the subject of the frivolous action or defense.  The number of hours the party shall be compensated for shall be based on the number of hours that an attorney would have needed to accomplish the results obtained by the party.