CONDUCT; AND TO AMEND SECTION 5656540, RELATING TO ADMISSIBILITY AS EVIDENCE OF NEGLIGENCE IN A CIVIL ACTION, TO REMOVE THE PROVISION THAT A VIOLATION OF THIS ARTICLE IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE, AND IT IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding: “ARTICLE 2 TRANSPARENCY IN PRIVATE ATTORNEY CONTRACTS ACT Section 17200. in This article may be cited as ‘Transparency Private Attorney Contracts Act’. Section 17210. As used in this article: (A) by the ‘Government attorney’ means an attorney employed State in the Attorney General’s office. (B) any private attorney or law firm. ‘Private attorney’ means (C) means the State of South Carolina, including state ‘State’ officers, departments, agencies, boards, commissions, divisions, bureaus, councils, and any of its agents. Section 17220. (A) The State may not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into a contract that contingency fee representation is both cost effective and in the public interest. Any written determination shall include specific findings for the following: (1) whether there exists sufficient and appropriate legal and financial resources within the Attorney office to handle General’s the matter; (2) the time and labor required; the novelty, complexity, and difficulty of the questions involved; and the skill requisite to perform the attorney services properly; (3) the geographic area where the attorney services are to be provided; and
CONDUCT; AND TO AMEND SECTION 5656540, RELATING TO ADMISSIBILITY AS EVIDENCE OF NEGLIGENCE IN A CIVIL ACTION, TO REMOVE THE PROVISION THAT A VIOLATION OF THIS ARTICLE IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE, AND IT IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 7, Title 1 of the 1976 Code is amended by adding: “ARTICLE 2 TRANSPARENCY IN PRIVATE ATTORNEY CONTRACTS ACT Section 17200. This article may be cited as ‘Transparency in Private Attorney Contracts Act’. Section 17210. As used in this article: (A) ‘Government attorney’ means an attorney employed by the State in the Attorney General’s office. (B) ‘Private attorney’ means any private attorney or law firm. (C) ‘State’ means the State of South Carolina, including state officers, departments, agencies, boards, commissions, divisions, bureaus, councils, and any of its agents. Section 17220. (A) The State may not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into a contract that contingency fee representation is both cost effective and in the public interest. Any written determination shall include specific findings for the following: (1) whether there exists sufficient and appropriate legal and financial resources within the Attorney General’s office to handle the matter; (2) the time and labor required; the novelty, complexity, and difficulty of the questions involved; and the skill requisite to perform the attorney services properly; (3) the geographic area where the attorney services are to be provided; and
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