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State Capitol

Senate Acts on Outside Attorney Fees

Stu Johnson

The Kentucky Senate has acted to limit attorney fees for certain personal service contracts.  Proponents and opponents both say the change could affect taxpayers when it comes to legal action tied to opioid distribution.

The measure, approved 26 to 12 along party lines, sets standards and rules for state agencies in awarding contingency fee contracts for legal services.  Minority Floor Leader Ray Jones argued it seeks to hamstring the attorney general going after opioid manufacturers.

“There have been a large number of qualified skilled law firms that simply will not bid because of the fear of these types of caps,” said Jones.

Jones also added that outside counsel is sometimes needed in these civil cases.  Hopkinsville Senator Whitney Westerfield says the legislation doesn’t only pertain to the A-G’s office in limiting recovery dollars to trial lawyers. “It applies to every constitutional officer, every agency head, or cabinet secretary, any branch or department of the executive branch that wishes to enter into a contingency fee agreement,” remarked Westerfield.

The bill now goes back to the House for members to consider Senate changes.

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