New York S 6269: Relates to contingent fee rules for attorneys in claims or actions for medical, dental or podiatric malpractice

Bill Text

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S06269 Summary:

BILL NOS06269 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBAILEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §474-a, Judy L

&nbsp

Updates contingent fee rules for attorneys in claims or actions for medical, dental or podiatric malpractice; permits applications for enhanced fees; permits plaintiffs to waive contingent retainer limitations.

Go to top S06269 Actions:

BILL NOS06269 

&nbsp

03/07/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS06269 Committee&nbspVotes:

Go to topS06269 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06269 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6269

 2025-2026 Regular Sessions

 IN SENATE

 March 7, 2025
 ___________

 Introduced by Sen. BAILEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the judiciary law, in relation to reform and update
 contingent fee rules for attorneys in claims or actions for medical,
 dental or podiatric malpractice

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 474-a of the judiciary law, as amended by chapter
 2 485 of the laws of 1986, is amended to read as follows:
 3 § 474-a. Contingent fees for attorneys in claims or actions for
 4 medical, dental or podiatric malpractice. 1. For the purpose of this
 5 section, the term "contingent fee" shall mean any attorney's fee in any
 6 claim or action for medical, dental or podiatric malpractice, whether
 7 determined by judgment or settlement, which is dependent in whole or in
 8 part upon the success of the prosecution by the attorney of such claim
 9 or action, or which is to consist of a percentage of any recovery, or a
 10 sum equal to a percentage of any recovery, in such claim or action.
 11 2. Notwithstanding any inconsistent judicial rule, a contingent fee in
 12 a medical, dental or podiatric malpractice action shall not exceed the
 13 amount of compensation provided for in the following schedule:
 14 [30] 33.33 percent of the first [$250,000] $500,000 of the sum recov-
 15 ered;
 16 [25] 30 percent of the next [$250,000] $500,000 of the sum recovered;
 17 [20] 25 percent of the next $500,000 of the sum recovered;
 18 [15] 20 percent of [the next $250,000] any amount over $1,500,000 of
 19 the sum recovered[;
 20 10 percent of any amount over $1,250,000 of the sum recovered].
 21 3. Such percentages shall be computed on the net sum recovered after
 22 deducting from the amount recovered expenses and disbursements for
 23 expert testimony and investigative or other services properly chargeable
 24 to the enforcement of the claim or prosecution of the action. In comput-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06051-01-5

 S. 6269 2

 1 ing the fee, the costs as taxed, including interest upon a judgment,
 2 shall be deemed part of the amount recovered. For the following or
 3 similar items there shall be no deduction in computing such percentages:
 4 liens, assignments or claims in favor of hospitals, for medical care,
 5 dental care, podiatric care and treatment by doctors and nurses, or of
 6 self-insurers or insurance carriers.
 7 4. In the event that claimant's or plaintiff's attorney believes in
 8 good faith that they are entitled to greater compensation than the fee
 9 schedule set forth in subdivision two of this section[, because of
 10 extraordinary circumstances, will not give him adequate compensation,]
 11 provides, an application for greater compensation may be made upon affi-
 12 davit with written notice and an opportunity to be heard to the claimant
 13 or plaintiff and other persons holding liens or assignments on the
 14 recovery. Such application shall be made to the justice of the trial
 15 part to which the action had been sent for trial; or, if it had not been
 16 sent to a part for trial, then to the justice presiding at the trial
 17 term calendar part of the court in which the action had been instituted;
 18 or, if no action had been instituted, then to the justice presiding at
 19 the trial term calendar part of the Supreme Court for the county in the
 20 judicial