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Bill > SB891


WV SB891

WV SB891
Relating to oversight of political subdivision hiring of private attorneys


summary

Introduced
02/09/2026
In Committee
02/09/2026
Crossed Over
Passed
Dead

Introduced Session

2026 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 establishes new procedures and oversight for political subdivisions, which are local government entities like counties and municipalities, when they hire private attorneys under a contingency fee legal arrangement or contract, meaning the attorney's payment is dependent on winning the case. The bill requires political subdivisions to provide extensive public notice detailing the reasons for hiring outside counsel, the attorney's qualifications, and why internal resources or hourly fee arrangements are insufficient. Before any such contract can take effect, it must be submitted to and approved by the Attorney General, who has 90 days to review it and can deny it for specific reasons, such as non-compliance with the law or if the legal matter overlaps with the state's interests. The bill also outlines requirements for the contracted attorneys, including detailed record-keeping of time and expenses, and mandates that the political subdivision retains control over the litigation strategy and settlement decisions. Importantly, any contract violating these provisions is void, and no fees can be paid.

Committee Categories

Justice

Sponsors (1)

Last Action

To Judiciary (on 02/09/2026)

bill text


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