HB 720 -- Transparency in Private Attorney Contracts Act

Sponsor:  Parkinson

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.

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