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Bill > SB543


WV SB543

WV SB543
Clarifying oversight by Attorney General of political subdivision’s hiring of private attorney under contingency fee or contract to sue


summary

Introduced
02/19/2025
In Committee
02/19/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to clarify the oversight by the Attorney General of a political subdivision's hiring of a private attorney under a contingency fee legal arrangement or contract to sue.

AI Summary

This bill clarifies the oversight process for political subdivisions (like local governments) when hiring private attorneys under contingency fee legal arrangements. The legislation establishes detailed requirements for how local governments can engage private attorneys for legal services where the attorneys are paid only if they win the case. Key provisions include mandatory public notice before approving such contracts, requiring the political subdivision to explain why they need outside legal help, and mandating Attorney General review and approval of the contract. The bill requires extensive transparency, including public disclosure of the reasons for hiring outside counsel, the qualifications of the attorneys, and detailed record-keeping of time and expenses. Political subdivisions must retain control over the litigation, including having veto power over legal decisions and exclusive settlement authority. The Attorney General can approve, deny, or request expedited review of these contracts within 90 days, with specific grounds for denial. The bill also establishes that contracts not following these procedures are void, and attorneys can only be paid after a thorough review of their work. Importantly, the new rules apply only to contracts entered into after the bill's effective date, providing a clear framework for future legal arrangements between political subdivisions and private attorneys.

Committee Categories

Justice

Sponsors (2)

Last Action

Senate Judiciary Committee Meeting (15:00:00 3/11/2025 Senate Judiciary Committee Room, 208 West) (on 03/11/2025)

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