N.Y. Judiciary Law Section 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 § 474 (Compensation of attorney or counsellor)section four hundred seventy-four of this chapter.

Source: Section 474-A — Contingent fees for attorneys in claims or actions for medical, dental or podiatric malpractice, https://www.­nysenate.­gov/legislation/laws/JUD/474-A (updated Sep. 22, 2014; accessed Jun. 22, 2024).

460
Examination and admission of attorneys
460‑B
Applications for special arrangements
461
Compensation of state board of law examiners
462
Annual account by state board of law examiners
463
Times and places of examinations
464
Certification by state board of successful candidates
465
Fee for examinations and for credential review for admission on motion
466
Attorney’s oath of office
467
Registration of attorneys
468
Official registration of attorneys to be kept by the chief administrator of the courts
468‑A
Biennial registration of attorneys
468‑B
Clients’ security fund of the state of New York
469
Continuance where attorney is member of legislature
470
Attorneys having offices in this state may reside in adjoining state
471
Attorney who is judge’s partner or clerk prohibited from practicing before him or in his court
472
Attorney who is surrogate’s parent or child prohibited from practicing berfore him
473
Constables, coroners, criers and attendants prohibited from practicing during term of office
474
Compensation of attorney or counsellor
474‑A
Contingent fees for attorneys in claims or actions for medical, dental or podiatric malpractice
474‑B
Attorney retainer statements
475
Attorney’s lien in action, special or other proceeding
475‑A
Notice of lien
476
Action against attorney for lending his name in suits and against person using name
476‑A
Action for unlawful practice of the law
476‑B
Injunction to restrain defendant from unlawful practice of the law
476‑C
Investigation by the attorney-general
477
Settlement of actions for personal injury
478
Practicing or appearing as attorney-at-law without being admitted and registered
479
Soliciting business on behalf of an attorney
480
Entering hospital to negotiate settlement or obtain release or statement
481
Aiding, assisting or abetting the solicitation of persons or the procurement of a retainer for or on behalf of an attorney
482
Employment by attorney of person to aid, assist or abet in the solicitation of business or the procurement through solicitation of a reta...
483
Signs advertising services as attorney at law
484
None but attorneys to practice in the state
485
Violation of certain preceding sections a misdemeanor
485‑A
Violation of certain sections a class E felony
486
Practice of law by attorney who has been disbarred, suspended, or convicted of a felony
486‑A
Conviction for felony of person who is an attorney and counselor at law
487
Misconduct by attorneys
488
Buying demands on which to bring an action
489
Purchase of claims by corporations or collection agencies
490
Limitation
491
Sharing of compensation by attorneys prohibited
492
Use of attorney’s name by another
493
Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves
494
Attorneys may defend themselves
495
Corporations and voluntary associations not to practice law
496
An organization described in subdivision seven of section four hundred ninety-five of this article shall file with the appellate division...
497
Attorneys fiduciary funds
498
Professional referrals
499
Lawyer assistance committees

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 474-A’s source at nysenate​.gov

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