(1)(a) Except as
otherwise provided in subsections (2) and (3) of this section, and notwithstanding
any other provision of law, a contingent fee contract between a governmental entity
and a private attorney shall:
(I)Require the private attorney to maintain and provide to the governmental
entity on a monthly basis a contemporaneous record of the hours of legal services
provided by individual attorneys, the nature of such services, and any court costs
incurred during each month and in the aggregate from the effective date of the
contingent fee contract;
(II)Require the private attorney, upon the successful resolution of the matter
for which the private attorney was retained, to provide to the governmental entity a
statement of the hours of legal services provided by attorneys,
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(1) (a) Except as
otherwise provided in subsections (2) and (3) of this section, and notwithstanding
any other provision of law, a contingent fee contract between a governmental entity
and a private attorney shall:
(I) Require the private attorney to maintain and provide to the governmental
entity on a monthly basis a contemporaneous record of the hours of legal services
provided by individual attorneys, the nature of such services, and any court costs
incurred during each month and in the aggregate from the effective date of the
contingent fee contract;
(II) Require the private attorney, upon the successful resolution of the matter
for which the private attorney was retained, to provide to the governmental entity a
statement of the hours of legal services provided by attorneys, the nature of such
services, the amount of court costs incurred, the total amount of the contingent fee,
and the average hourly rate for legal services provided by attorneys; and
(III) Specify an alternative hourly rate, not to exceed one thousand dollars
per hour, at which the attorney shall be compensated in the event that the
statement provided by the attorney indicates an average hourly rate for legal
services provided by attorneys of more than one thousand dollars per hour.
(b) The average hourly rate for legal services provided by attorneys shall be
determined by dividing the amount of the contingent fee, less the amount of court
costs incurred if said amount is part of the contingent fee, by the number of hours
of legal services provided by attorneys. Clerical work, including but not limited to
transcription, photocopying, and document filing and organization, shall not be
considered legal services provided by attorneys even if an attorney performs such
work.
(2) The limitations and requirements of subsection (1) of this section shall not
apply to any contingent fee contract entered into by a governmental entity prior to
August 6, 2003.
(3) The limitations and requirements of subsection (1) of this section shall not
apply to any contingent fee contract entered into by a governmental entity if the
contract is for legal services performed by an attorney in connection with the
collection of debts or taxes owed to a governmental entity and was entered into
pursuant to section 23-3.1-104 (1)(f) or (2)(i), 23-5-113 (1), 24-30-202.4, or 39-21-114,
C.R.S., or any other statutory provision that expressly authorizes or requires the
payment of a portion of the moneys collected to an attorney retained to collect
such debts or taxes.
(4) Compliance with this part 3 does not relieve a contracting attorney of any
obligation or legal responsibility imposed by the Colorado rules of professional
conduct or any provision of law.