§ 474-A — Contingent fees for attorneys in claims or actions for medical, dental or podiatric malpractice

New York § 474-A

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 15: Attorneys and Counsellors

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§ 474-a. Contingent fees for attorneys in claims or actions for\nmedical, dental or podiatric malpractice. 1. For the purpose of this\nsection, the term "contingent fee" shall mean any attorney's fee in any\nclaim or action for medical, dental or podiatric malpractice, whether\ndetermined by judgment or settlement, which is dependent in whole or in\npart upon the success of the prosecution by the attorney of such claim\nor action, or which is to consist of a percentage of any recovery, or a\nsum equal to a percentage of any recovery, in such claim or action.\n 2. Notwithstanding any inconsistent judicial rule, a contingent fee in\na medical, dental or podiatric malpractice action shall not exceed the\namount of compensation provided for in the following schedule:\n 30 percent of the first $250,000 of the sum recovered;\n 25 percent of the next $250,000 of the sum recovered;\n 20 percent of the next $500,000 of the sum recovered;\n 15 percent of the next $250,000 of the sum recovered;\n 10 percent of any amount over $1,250,000 of the sum recovered.\n 3. Such percentages shall be computed on the net sum recovered after\ndeducting from the amount recovered expenses and disbursements for\nexpert testimony and investigative or other services properly chargeable\nto the enforcement of the claim or prosecution of the action. In\ncomputing the fee, the costs as taxed, including interest upon a\njudgment, shall be deemed part of the amount recovered. For the\nfollowing or similar items there shall be no deduction in computing such\npercentages: liens, assignments or claims in favor of hospitals, for\nmedical care, dental care, podiatric care and treatment by doctors and\nnurses, or of self-insurers or insurance carriers.\n 4. In the event that claimant's or plaintiff's attorney believes in\ngood faith that the fee schedule set forth in subdivision two of this\nsection, because of extraordinary circumstances, will not give him\nadequate compensation, application for greater compensation may be made\nupon affidavit with written notice and an opportunity to be heard to the\nclaimant or plaintiff and other persons holding liens or assignments on\nthe recovery. Such application shall be made to the justice of the trial\npart to which the action had been sent for trial; or, if it had not been\nsent to a part for trial, then to the justice presiding at the trial\nterm calendar part of the court in which the action had been instituted;\nor, if no action had been instituted, then to the justice presiding at\nthe trial term calendar part of the Supreme Court for the county in the\njudicial department in which the attorney has an office. Upon such\napplication, the justice, in his discretion, if extraordinary\ncircumstances are found to be present, and without regard to the\nclaimant's or plaintiff's consent, may fix as reasonable compensation\nfor legal services rendered an amount greater than that specified in the\nschedule set forth in subdivision two of this section, provided,\nhowever, that such greater amount shall not exceed the fee fixed\npursuant to the contractual arrangement, if any, between the claimant or\nplaintiff and the attorney. If the application is granted, the justice\nshall make a written order accordingly, briefly stating the reasons for\ngranting the greater compensation; and a copy of such order shall be\nserved on all persons entitled to receive notice of the application.\n 5. Any contingent fee in a claim or action for medical, dental or\npodiatric malpractice brought on behalf of an infant shall continue to\nbe subject to the provisions of section four hundred seventy-four of\nthis chapter.\n