Bill Text: MS SB2907 | 2011 | Regular Session | Introduced
Bill Title: Attorneys at law; separate billing requirements imposed on.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-02-01 - Died In Committee [SB2907 Detail]
Download: Mississippi-2011-SB2907-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division A
By: Senator(s) Hyde-Smith
Senate Bill 2907
AN ACT TO REQUIRE ATTORNEYS TO MAKE TIMELY DISCLOSURE OF LEGAL FEES AS THE FEES ARE INCURRED UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE CONTRACTS AUTHORIZING A LIEN TO SECURE PAYMENT OF FEES TO BE IN A SEPARATELY SIGNED CONTRACT; TO PROHIBIT WAIVER UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Attorney Fee Disclosure Act."
SECTION 2. The following shall be codified as Section 73-3-65, Mississippi Code of 1972:
73-3-65. Any attorney at law who enters into a contract with a client for legal representation in which it is possible that the total fees owed by the client under the contract will exceed any amount paid by the client as a retainer at the time of execution of the contract is required to submit invoices for legal services rendered to the client under the contract in increments of not more than Two Thousand Dollars ($2,000.00), but not more often than every thirty (30) days. Invoices must be submitted within thirty (30) days of the actual date on which the services were rendered under penalty of discharge of the client's liability to pay the client's liability under the contract for the portion of any fees for which the requirements of this section are not met.
(2) An agreement between an attorney at law and a client that authorizes a lien on personal or real property of the client to secure payment of the attorney fees due under any contract for representation between the attorney at law and that client is void and unenforceable unless the agreement that authorizes a lien on personal or real property of the client to secure payment of the attorney fees due is a separate clearly labeled contract between the parties.
(3) No waiver of the requirements of this section is effective against the client if the client is an individual person.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.
