TBA Law Blog

TBA Law Blog

Ask House Local Government Committee to Oppose Bill Capping Attorneys’ Fees!

Posted by: Stacey Shrader Joslin on Apr 23, 2021

Tennessee Rep. Chris Todd, R-Madison County, and Sen. Paul Rose, R-Covington, are moving SB282/HB1386, which will cap attorneys’ fees for attorneys representing both counties and county officials in lawsuits, provided for in T.C.A. 8-20-102, brought by county officials, including sheriffs, clerks and registers of deeds, if the county refuses to provide the resources required to perform their duties. The TBA has spent hours working with the sponsors on legislation that would implement judicial oversight to ensure that fees are reasonable, but the amendment to the bill that will be considered by the House Local Government Committee on Tuesday still caps attorneys’ fees at $35,000, among other things.

Please take a minute to reach out to the members of the House Local Government Committee by calling or emailing them and asking them to oppose HB1386 when it is considered by the committee next week. Passing legislation that caps attorneys’ fees is a terrible precedent and must be stopped. The amendment provides that if fees for either party exceed $35,000, or the amount of recovery for the first budget year of the petitioner, the fee and expense plan is presumed to be unreasonable, and that presumption may only be overcome by clear and convincing evidence.

Attachments:

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.