2-9-314. Court approval of attorney fees. (1) When an attorney represents or acts on behalf of a claimant or any other party on a tort claim against the state or a political subdivision of the state, the attorney shall file with the claim a copy of the contract of employment showing specifically the terms of the fee arrangement between the attorney and the claimant.
(2) The district court may regulate the amount of the attorney fees in any tort claim against the state or a political subdivision of the state. In regulating the amount of the fees, the court shall consider the time the attorney was required to spend on the case, the complexity of the case, and any other relevant matter the court may consider appropriate.
(3) Attorney fees regulated under this section must be made a part of the court record and are open to the public.
(4) If an attorney violates a provision of this section, a rule of court adopted under this section, or an order fixing attorney fees under this section, the attorney forfeits the right to any fees that the attorney may have collected or been entitled to collect.
History: En. 82-4316.1 by Sec. 1, Ch. 188, L. 1977; R.C.M. 1947, 82-4316.1; amd. Sec. 58, Ch. 61, L. 2007.
Structure Montana Code Annotated
Title 2. Government Structure and Administration
Chapter 9. Liability Exposure and Insurance Coverage
2-9-302. Time for filing -- limitation of actions
2-9-303. Compromise or settlement of claim against state
2-9-304. Compromise or settlement of claim against political subdivision
2-9-305. Immunization, defense, and indemnification of employees
2-9-306. Construction of policy conditions -- customary exclusions
2-9-307. through 2-9-310 reserved
2-9-311. Jurisdiction of district court -- rules of procedure
2-9-312. Renumbered 25-2-126 (1) and (3)
2-9-313. Service of process on state
2-9-314. Court approval of attorney fees
2-9-315. Recovery from appropriations if no insurance
2-9-316. Judgments against governmental entities
2-9-317. No interest if judgment paid within two years -- exception