H. B. 2357
(By Delegates G. Martin, Haskins, Evans and Henderson)
[Introduced February 3, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article two, chapter
thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to limiting
attorneys' fees for tort claims.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2.
ATTORNEYS-AT-LAW.
§30-2-15. Compensation.
An attorney shall be entitled for his services as such to
such sums as he may contract for with the party for whom the service is rendered; and, in the absence of such contract, he may
recover of such party what his services were reasonably worth:
Provided, That for tort claims, attorneys' fees are limited to:
(1) Forty percent of the first fifty thousand dollars;
(2) Thirty-three and a third percent of the next fifty
thousand dollars;
(3) Twenty-five percent of the next five hundred thousand;
and
(4) Fifteen percent of any amount exceeding six hundred
thousand.
NOTE: The purpose of this bill is to limit attorneys' fees
for tort claims.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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