Over 50 Combined Years of Experience

SB181 - No Contingency Fees for Prosecutors in Criminal Forfeiture Actions

Senate Bill 181
No Contingency Fees for Prosecutors in Criminal Forfeiture Actions
Effective date: July 1, 2012

Prosecuting attorneys and private attorneys will be prohibited from being compensated on a contingent basis based on a percentage of assets that arise from a forfeiture action. The bill also prohibits such attorneys from being compensated on an hourly, fixed fee or similar arrangement that is contingent on the successful prosecution of a criminal forfeiture case. This bill incorporates language from House Bill 64, which allows a party in a civil action to petition the court for a determination on the reasonableness of attorney’s fees if such fees exceed $20,000, although not in tort actions.

These types of fee arrangements had already been banned this year by the Georgia Court of Appeals in Greater Georgia Amusements v. State of Georgia.

Crawford and Boyle, LLC
(678) 726-5400

Categories