HB 720 -- TRANSPARENCY IN PRIVATE ATTORNEY CONTRACTS ACT

SPONSOR:  Parkinson

COMMITTEE ACTION:  Voted "do pass" by the Committee on General
Laws by a vote of 10 to 5.

This bill establishes the Transparency in Private Attorney
Contracts Act.  In its main provisions, the bill:

(1)  Prohibits the state from contracting with a private attorney
for a contingency fee unless the Attorney General makes a written
determination prior to the contract that the contingency fee
representation is both cost effective and in the public interest;

(2)  Requires the Attorney General if the determination to
contract with a private attorney is made to request proposals
from private attorneys to represent the state on a contingency
fee basis unless the Attorney General determines and puts in
writing that requesting proposals is not feasible under the
circumstances;

(3)  Specifies the limits on the amount a private attorney may
receive in contingency fees under a state contract;

(4)  Requires a government attorney to retain complete control
over the course and conduct of the case and the contracted
attorney in any contingency fee contract and requires the
Attorney General to include provisions in the contract detailing
the expectations of both the contracted attorney and the state;

(5)  Requires a copy of any contingency fee contract, the
Attorney General's written determination, and payments of
contingency fees to be posted on the Attorney General's web site;

(6)  Requires a private attorney under contract with the state on
a contingency fee basis to maintain detailed records of his or
her services, expenses, and fees, including time records in
increments of no greater than 1/10 of an hour for at least four
years after the expiration or the termination of the contract and
to make the records available for inspection in accordance with
the Open Meetings and Records Law, commonly known as the Sunshine
Law; and

(7)  Requires the Attorney General to annually submit a report by
February 1 to the General Assembly describing the use of
contingency fee contracts with private attorneys in the preceding
calendar year and specifies the information which must be
included in the report.

FISCAL NOTE:  No impact on state funds in FY 2012, FY 2013, and
FY 2014.

PROPONENTS:  Supporters say that the bill allows the process of
hiring a private attorney on a contingency basis to be open and
transparent to the public and limits the contingency fee amount
that can be paid to the attorney.  This will provide protection
for the defendant and the state.

Testifying for the bill were Representative Parkinson; Missouri
Chamber of Commerce and Industry; and Associated Industries of
Missouri.

OPPONENTS:  Those who oppose the bill say that the cap on fees
may limit the ability of the Attorney General's Office to find
quality representation for the state.  The language allowing for
direct contact between a defendant and the attorney violates the
Rules of Ethics and requiring the detailed tracking of time is
too burdensome.

Testifying against the bill was Missouri Association of Trial
Attorneys.

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:24 pm