§ 34-24-1-8 — Retention of attorney to bring action; compensation agreements

Indiana § 34-24-1-8

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 1: Forfeiture of Property Used in Violation of Certain

Text

(a) A prosecuting attorney may retain an
attorney to bring an action under this chapter only in accordance with
this section.
(b) The compensation agreement between a prosecuting attorney
and an attorney retained to bring an action under this chapter must be:
(1) in writing; and
(2) approved by the attorney general for form and legality.
(c) An attorney retained under this section must be admitted to the
practice of law in Indiana. The attorney retained may not serve as a
deputy prosecuting attorney in any county.
(d) A prosecuting attorney or deputy prosecuting attorney who
conducts a forfeiture action within the scope of the attorney's duties as
a prosecuting attorney or deputy prosecuting attorney in the
prosecuting attorney's office may not receive a contingency fee.
(e) A compensation agreement under this section must be a
contingency fee agreement limited as follows:
(1) The contingency fee may not exceed thirty-three and one-third
percent (33 1/3%) of the first ten thousand dollars ($10,000) of
proceeds or money obtained under a settlement or judgment.
(2) The contingency fee may not exceed twenty percent (20%) of
the part of the proceeds or money obtained under a settlement or
judgment that is more than ten thousand dollars ($10,000) and
less than one hundred thousand dollars ($100,000).
(3) The contingency fee may not exceed fifteen percent (15%) of
the part of the proceeds or money obtained under a settlement or
judgment that is one hundred thousand dollars ($100,000) or
more.
(4) The contingency fee agreement may establish a minimum fee
that does not exceed one hundred dollars ($100).
A court may authorize a compensation agreement between the
prosecuting attorney and an attorney retained to bring an action that
exceeds the limits described in this subsection if the court finds that the
issues presented in the particular forfeiture action are unusually
complex or time consuming as compared with other forfeiture actions.
[Pre-1998 Recodification Citation: 34-4-30.1-9.]

Legislative History

As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.5.