2006 New York Code - Contingent Fees For Attorneys In Claims Or Actions For Medical, Dental Or Podiatric Malpractice.

 
    §  474-a.  Contingent  fees  for  attorneys  in  claims or actions for
  medical, dental or podiatric malpractice. 1. For  the  purpose  of  this
  section,  the term "contingent fee" shall mean any attorney's fee in any
  claim or action for medical, dental or  podiatric  malpractice,  whether
  determined  by judgment or settlement, which is dependent in whole or in
  part upon the success of the prosecution by the attorney of  such  claim
  or  action, or which is to consist of a percentage of any recovery, or a
  sum equal to a percentage of any recovery, in such claim or action.
    2. Notwithstanding any inconsistent judicial rule, a contingent fee in
  a medical, dental or podiatric malpractice action shall not  exceed  the
  amount of compensation provided for in the following schedule:
 
       30 percent of the first $250,000 of the sum recovered;
       25 percent of the next $250,000 of the sum recovered;
       20 percent of the next $500,000 of the sum recovered;
       15 percent of the next $250,000 of the sum recovered;
       10 percent of any amount over $1,250,000 of the sum recovered.
 
    3.  Such  percentages shall be computed on the net sum recovered after
  deducting from the  amount  recovered  expenses  and  disbursements  for
  expert testimony and investigative or other services properly chargeable
  to  the  enforcement  of  the  claim  or  prosecution  of the action. In
  computing the fee,  the  costs  as  taxed,  including  interest  upon  a
  judgment,  shall  be  deemed  part  of  the  amount recovered.   For the
  following or similar items there shall be no deduction in computing such
  percentages: liens, assignments or claims in  favor  of  hospitals,  for
  medical  care,  dental care, podiatric care and treatment by doctors and
  nurses, or of self-insurers or insurance carriers.
    4. In the event that claimant's or plaintiff's  attorney  believes  in
  good  faith  that  the fee schedule set forth in subdivision two of this
  section, because of  extraordinary  circumstances,  will  not  give  him
  adequate  compensation, application for greater compensation may be made
  upon affidavit with written notice and an opportunity to be heard to the
  claimant or plaintiff and other persons holding liens or assignments  on
  the recovery. Such application shall be made to the justice of the trial
  part to which the action had been sent for trial; or, if it had not been
  sent  to  a  part  for trial, then to the justice presiding at the trial
  term calendar part of the court in which the action had been instituted;
  or, if no action had been instituted, then to the justice  presiding  at
  the  trial term calendar part of the Supreme Court for the county in the
  judicial department in which the  attorney  has  an  office.  Upon  such
  application,   the   justice,   in   his  discretion,  if  extraordinary
  circumstances are found  to  be  present,  and  without  regard  to  the
  claimant's  or  plaintiff's  consent, may fix as reasonable compensation
  for legal services rendered an amount greater than that specified in the
  schedule set  forth  in  subdivision  two  of  this  section,  provided,
  however,  that  such  greater  amount  shall  not  exceed  the fee fixed
  pursuant to the contractual arrangement, if any, between the claimant or
  plaintiff and the attorney. If the application is granted,  the  justice
  shall  make a written order accordingly, briefly stating the reasons for
  granting the greater compensation; and a copy of  such  order  shall  be
  served on all persons entitled to receive notice of the application.
    5.  Any  contingent  fee  in  a claim or action for medical, dental or
  podiatric malpractice brought on behalf of an infant shall  continue  to
  be  subject  to  the  provisions of section four hundred seventy-four of
  this chapter.