Bill > SB39

This bill establishes detailed requirements for attorney fee awards in civil lawsuits, particularly those involving state government. The legislation requires that all attorney fee requests be "reasonable" and include specific documentation such as the date and name of the timekeeper, a detailed description of tasks performed (avoiding generic descriptors), time billed in tenths of an hour, and an itemized list of expenses with vendor receipts. The bill creates a rebuttable presumption that certain practices are unreasonable, including sending multiple attorneys to depositions or trials, charging for communication methods like phone calls or faxes, and charging hourly rates higher than the statewide average for attorneys with less than 10 years of experience. When considering fee awards against the state, courts must compare the requested attorney rate with the rate charged by state attorneys and provide explanation for any significant differences. The bill also includes a provision that these detailed requirements do not apply to attorney fee claims under $10,000 and applies to civil lawsuits pending on or after the effective date of the act. The overall aim appears to be increasing transparency and controlling potentially excessive attorney fee awards in civil litigation involving governmental entities.

Justice

https://bills.legmt.gov/#/laws/bill/20251/LC0613