September 9, 2004, Introduced by Reps. Taub, Sheen, LaJoy, Emmons, Tabor, Ehardt, Robertson, Palmer, Brandenburg, Garfield, Voorhees, DeRossett, Ward, Pappageorge, Vander Veen, Meyer, Nofs, Wenke, Casperson, Pastor, Newell, DeRoche, Palsrok, Stahl, Huizenga, Hager, Stakoe, Mortimer, Nitz, Caswell and Richardville and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 919 (MCL 600.919).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 919. (1) The measure
of the compensation of members
2 of the bar an attorney at law is left to the express or
implied
3 agreement of the parties
subject to the attorney and the
4 attorney's client, except as provided otherwise by law or by
5 regulation of the supreme court.
6 (2) Any An
agreement for such compensation , of an
7 attorney at law or for
reimbursement of any expenses ,
8 incident to incurred by an attorney in the prosecution or
9 defense of any a
claim by any party is wholly void if such
10 professional the employment was solicited by the member
of the
11 bar, attorney or by any other another
person acting on his
1 behalf or at his the
request of the attorney, unless the
2 services of such
member of the bar the attorney were first
3 requested by such
party the client.
4 (3) If an attorney at law enters into an express or implied
5 agreement to prosecute a claim for personal injury or wrongful
6 death as the result of medical malpractice that provides that the
7 attorney's compensation is contingent in whole or in part on
8 successful prosecution or settlement of the claim or on the
9 amount of recovery, the attorney shall not receive, retain, or
10 share a fee that is more than 1/4 of the amount recovered.
11 (4) The fee under subsection (3) shall be calculated using
12 the net amount recovered, including taxed costs and interest
13 included in or on the judgment, but not including disbursements
14 properly chargeable to the enforcement or prosecution of the
15 claim. If the recovery is by a settlement or judgment payable in
16 installments, the fee under subsection (3) shall be calculated
17 using the present value of the future payments.