5728-S AMS FRAN S2506.2

SSB 5728 - S AMD 183

By Senator Franklin

WITHDRAWN 03/14/2003

On page 11, after line 24, insert the following:

"Sec. 408. RCW 7.70.070 and 1975-'76 2nd ex.s. c 56 s 12 are each amended to read as follows:

(1) Except as set forth in subsection (2) of this section, the court shall, in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The court shall take into consideration the following:

(((1))) (a) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;

(((2))) (b) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;

(((3))) (c) The fee customarily charged in the locality for similar legal services;

(((4))) (d) The amount involved and the results obtained;

(((5))) (e) The time limitations imposed by the client or by the circumstances;

(((6))) (f) The nature and length of the professional relationship with the client;

(((7))) (g) The experience, reputation, and ability of the lawyer or lawyers performing the services;

(((8))) (h) Whether the fee is fixed or contingent.

(2)(a) An attorney representing a person in connection with an action for damages against a health care provider based upon professional negligence shall not collect fees in excess of the following limits:

(i) Forty percent of the first fifty thousand dollars recovered;

(ii) Thirty-three and one-third percent of the next fifty thousand dollars recovered;

(iii) Twenty-five percent of the next five hundred thousand dollars recovered;

(iv) Fifteen percent of any amount in which the recovery exceeds six hundred thousand dollars.

(b) The limitations in this section apply regardless of whether the recovery is by judgment, settlement, arbitration, mediation, or other form of alternative dispute resolution.

(c) If periodic payments are awarded to the plaintiff, the court shall place a total value on these payments and include this amount in computing the total award from which attorneys' fees are calculated under this subsection.

(d) For purposes of this subsection, "recovered" means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and the attorneys' office overhead costs or charges are not deductible disbursements or costs for such purposes.

(e) If there is no amount recovered, then subsection (1) of this section applies to attorneys' fees.

(3) This section applies to all agreements for attorneys' fees entered into or modified after the effective date of this section."

Renumber the following sections consecutively and correct internal references accordingly.

SSB 5728 - S AMD 183

By Senator Franklin

WITHDRAWN 03/14/2003

On page 1, line 2 of the title, after "7.70.060," insert "7.70.070,"

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