Missouri Revised Statutes
Chapter 34 - State Purchasing and Printing
Section 34.378 - Contingent fee contracts, limitations — written proposals, when — standard addendum — posting of contracts on website — record-keeping requirements — fees, limitation on — report, contents.

Effective - 28 Aug 2018, 2 histories
34.378. Contingent fee contracts, limitations — written proposals, when — standard addendum — posting of contracts on website — record-keeping requirements — fees, limitation on — report, contents. — 1. The state shall not enter into a contingency fee contract with a private attorney unless the attorney general makes a written determination prior to entering into such a contract that contingency fee representation is both cost effective and in the public interest. Any written determination shall include specific findings for each of the following factors:
(1) Whether there exists sufficient and appropriate legal and financial resources within the attorney general's office to handle the matter;
(2) The time and labor required; the novelty, complexity, and difficulty of the questions involved; and the skill requisite to perform the attorney services properly;
(3) The geographic area where the attorney services are to be provided; and
(4) The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases.
2. If the attorney general makes the determination described in subsection 1 of this section, the attorney general shall request written proposals from private attorneys to represent the state, unless the attorney general determines that requesting proposals is not feasible under the circumstances and sets forth the basis for this determination in writing. If a request for proposals is issued, the attorney general shall choose the lowest and best bid or request that the office of administration establish an independent panel to evaluate the proposals and choose the lowest and best bid.
3. The state shall not enter into a contract for contingency fee attorney services unless the following requirements are met throughout the contract period and any extensions to the contract:
(1) The government attorneys shall retain complete control over the course and conduct of the case;
(2) A government attorney with supervisory authority shall oversee the litigation;
(3) The government attorneys shall retain veto power over any decisions made by outside counsel;
(4) A government attorney with supervisory authority for the case shall attend all settlement conferences; and
(5) Decisions regarding settlement of the case shall be reserved exclusively to the discretion of the attorney general.
4. The attorney general shall develop a standard addendum to every contract for contingent fee attorney services that shall be used in all cases, describing in detail what is expected of both the contracted private attorney and the state, including, without limitation, the requirements listed in subsection 3 of this section.
5. Copies of any executed contingency fee contract and the attorney general's written determination to enter into a contingency fee contract with the private attorney shall be posted on the attorney general's website for public inspection within five business days after the date the contract is executed and shall remain posted on the website for the duration of the contingency fee contract, including any extensions or amendments to the contract. Any payment of contingency fees shall be posted on the attorney general's website within fifteen days after the payment of such contingency fees to the private attorney and shall remain posted on the website for at least three hundred sixty-five days.
6. Any private attorney under contract to provide services to the state on a contingency fee basis shall, from the inception of the contract until at least four years after the contract expires or is terminated, maintain detailed current records, including documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the provision of such attorney services. The private attorney shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of no greater than one-tenth of an hour and shall promptly provide these records to the attorney general, upon request. Any request under chapter 610 for inspection and copying of such records shall be served upon and responded to by the attorney general's office.
7. Except as otherwise provided in subsection 8 of this section, a retained private attorney shall not be entitled to a fee, exclusive of any costs and expenses described in subsection 8 of this section, of more than:
(1) Fifteen percent of that portion of any amount recovered that is ten million dollars or less;
(2) Ten percent of that portion of any amount recovered that is more than ten million dollars but less than or equal to fifteen million dollars;
(3) Five percent of that portion of any amount recovered that is more than fifteen million dollars but less than or equal to twenty million dollars; and
(4) Two percent of that portion of any amount recovered that is more than twenty million dollars.
8. The total fee payable to all retained private attorneys in any matter that is the subject of a contingency fee contract shall not exceed ten million dollars, exclusive of any costs and expenses provided by the contract and actually incurred by the retained private attorneys, regardless of the number of actions or proceedings or the number of retained private attorneys involved in the matter.
9. A contingency fee:
(1) Shall be payable only from moneys that are actually received under a judgment or settlement agreement; and
(2) Shall not be based on any amount attributable to a fine or civil penalty.
10. As used in this section, "amount recovered" does not include any moneys paid as costs.
11. By February first of each year, the attorney general shall submit a report to the president pro tem of the senate and the speaker of the house of representatives describing the use of contingency fee contracts with private attorneys in the preceding calendar year. At a minimum, the report shall:
(1) Identify all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year, and for each contract describe:
(a) The name of the private attorney with whom the department has contracted, including the name of the attorney's law firm;
(b) The nature and status of the legal matter;
(c) The name of the parties to the legal matter;
(d) The amount of any recovery; and
(e) The amount of any contingency fee paid;
(2) Include copies of any written determinations made under subsections 1 and 2 of this section.
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(L. 2011 H.B. 111 merged with S.B. 59, A.L. 2018 H.B. 1531)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title IV - Executive Branch

Chapter 34 - State Purchasing and Printing

Section 34.010 - Definitions.

Section 34.030 - Commissioner to purchase all supplies and lands — requirements for certain land purchases.

Section 34.031 - Recycled products, preference for products made from solid waste — elimination of purchase of products made from polystyrene foam — commissioner of administration, duties — report.

Section 34.032 - Recycled paper to be used, when — recyclable products to be collected by all state agencies — sale proceeds to fund utilicare.

Section 34.040 - Purchases to be made on competitive bids, when, how — standard specifications, when — exception — failure to pay taxes, effect of — reverse auctions, when — rulemaking authority.

Section 34.042 - Competitive bidding may be waived for competitive proposals, when — procedure — contract to be let to the lowest and best offeror.

Section 34.043 - Competitive bidding — waiver of permitted, when.

Section 34.044 - One source of supplies, waiver of competitive bids and proposals — rescission of waiver, when — single source exists, when — advertising waived, when.

Section 34.045 - Emergency procurement, waiver of competitive bids or proposals.

Section 34.046 - Contract directly with other governmental entities for purchase of supplies.

Section 34.047 - Information technology purchases, online bidding/vendor registration system to be used for notice, when.

Section 34.048 - General Services Administration vendors, purchase of supplies authorized.

Section 34.050 - Regulations for purchase of supplies — rules generally, promulgation, procedure.

Section 34.055 - State to pay late charges for supplies and services, when, rate — vendor to apply, exception — energy assistance program for persons of low income, recipients exempt from interest charges.

Section 34.059 - Surety bonds required for public works contracts or construction, public entity cannot require they be obtained from particular insurance or surety company.

Section 34.060 - Requests for bids on supplies and materials to be in general terms — to recite preference for Missouri products.

Section 34.070 - Preference to Missouri products and firms.

Section 34.071 - Commodities defined.

Section 34.073 - Missouri businesses, performance of jobs or services, preference, when.

Section 34.074 - Disabled veterans, state and political subdivision contracts, preference to be given, when — rulemaking authority.

Section 34.076 - Out-of-state contractors or products for public works, requirements, exceptions.

Section 34.080 - Institutions to use coal from Missouri or adjoining states, when — institution defined.

Section 34.090 - Laws requiring purchase from state institutions to be given effect.

Section 34.100 - Direct purchases and emergency purchases, when authorized, procedure.

Section 34.110 - Acceptance of gifts to state — purchase of surplus war materials.

Section 34.115 - Return of gifts made to state to donor, when, how — donation of motor vehicles to assist military veterans, return of title, when.

Section 34.120 - Departments to report supplies on hand, records of purchase.

Section 34.125 - Departments to keep inventories of nonexpendable property.

Section 34.140 - Inventory of removable equipment, when — transfer of supplies between departments, when — distribution to certain donees, definitions, procedure — sale by auction, sealed bid — sidearms and badges, who may purchase, when.

Section 34.150 - Violation by any department renders contract void — liability of head of department.

Section 34.160 - Commissioner not to be interested in concern making bids for furnishing supplies or printing — penalty for violation.

Section 34.165 - Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when.

Section 34.170 - Commissioner to purchase all state printing — exceptions.

Section 34.175 - Soybean-based ink to be used for state printing, when — logo requirement — effective when.

Section 34.180 - To determine form of printed matter — exceptions.

Section 34.190 - Determine size and number of reports to be printed.

Section 34.192 - Reports, method of preparation — minimization of volume of printed material produced.

Section 34.350 - Missouri domestic product procurement act — law, how cited — definitions.

Section 34.353 - All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.

Section 34.355 - Vendor to furnish proof of compliance — misrepresentation of facts, penalty.

Section 34.359 - Treaties and law of the United States to supersede.

Section 34.363 - Listing of Missouri products, office of administration to compile and provide access — state agencies to make good faith search for Missouri companies to provide products and services.

Section 34.375 - Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.

Section 34.376 - Citation of act — definitions.

Section 34.378 - Contingent fee contracts, limitations — written proposals, when — standard addendum — posting of contracts on website — record-keeping requirements — fees, limitation on — report, contents.

Section 34.380 - Contractual authority not expanded.

Section 34.600 - Citation of law — public entity contracts, no boycott of goods or services from Israel — definitions — violation, voiding of contract — rulemaking authority.