SB 39: Generally revise attorney fee awards - Montana

SB0039_X(3).pdf → SB0039_X(4).pdf · 2 edits

MINOR

The bill text was revised to remove the word 'ALL' from the description of attorney fee awards, changing the requirement from 'all certain awards' to 'certain awards.' This likely narrows the scope of the bill's application to only specific types of cases rather than all cases challenging state statutes or administrative rules. The changes appear to be primarily formatting and text refinement rather than substantive policy shifts.

Scope change

The bill's scope was narrowed by removing 'ALL' from the description of attorney fee awards, suggesting the law now applies only to certain specified cases rather than all cases challenging state statutes or administrative rules.

SCOPE

Removed the word 'ALL' from the bill title and summary, changing the requirement from 'all certain awards' to 'certain awards,' which may limit the bill's application to specific cases rather than all cases challenging state statutes or administrative rules.

TECHNICAL

Minor formatting changes including reorganization of line breaks and spacing throughout the document, with no substantive policy impact.

SB0039_4(13).pdf → SB0039_X.pdf · 5 edits

MODERATE

This bill clarifies and strengthens requirements for attorney fee awards in Montana civil lawsuits, particularly those challenging state statutes or administrative rules. It establishes detailed documentation standards, sets limits on unreasonable billing practices, and creates a rebuttable presumption against certain fee requests. The changes aim to ensure fee awards remain reasonable and prevent excessive legal costs.

Scope change

The bill's scope remains focused on attorney fee awards in civil lawsuits, but the applicability threshold was modified to exclude claims under $10,000, and the effective date language was retained as a placeholder for legislative action.

REQUIREMENT

Added specific documentation requirements including task descriptions, time increments in tenths of an hour, and itemized expense lists with receipts.

Created a rebuttable presumption that certain practices are unreasonable, such as sending multiple attorneys to depositions or charging for basic research costs.

ELIGIBILITY

Modified the applicability threshold to exclude claims for attorney fees under $10,000 from the new requirements.

ENFORCEMENT

Added requirement for courts to explain why they would award a rate higher than what the state attorney charges when fees are awarded against the state.

TECHNICAL

Changed bill numbering format from SB0039.4 to SB 39 and updated formatting throughout the document.

SB0039_3(5).pdf → SB0039_4.pdf · 3 edits

MINOR

This bill revision modifies the applicability of attorney fee awards in civil lawsuits challenging state statutes or rules. The primary change extends coverage to lawsuits that are pending on or after the effective date, rather than only those filed after the effective date. Additionally, a new threshold was added stating that provisions do not apply to claims for attorney fees under $10,000.

Scope change

The bill now applies to pending lawsuits filed before the effective date, expanding coverage beyond just new filings. A monetary threshold of $10,000 was also introduced to limit applicability to higher-value claims.

TIMELINE

Changed applicability from lawsuits filed on or after the effective date to lawsuits filed pending on or after the effective date, expanding coverage to include existing pending cases.

ELIGIBILITY

Added a new provision excluding claims for attorney fees less than $10,000 from the bill's requirements.

REQUIREMENT

Modified the title of the act to specify that only certain attorney fee awards are covered, adding clarity to the scope of the legislation.

SB0039_2(13).pdf → SB0039_3.pdf · 3 edits

MINOR

This bill version update primarily involves technical formatting changes and minor text adjustments to attorney fee regulations. The most significant change is the addition of 'THE COST OF' before telephone and research expenses in the fee restrictions, clarifying that these items are subject to cost-based limits rather than just being listed as prohibited charges. The document version number was updated from SB0039.2 to SB0039.3.

Scope change

No substantive change to the bill's scope or applicability; the changes are technical and clarifying in nature.

REQUIREMENT

Clarified that attorneys cannot charge for the cost of telephone calls, faxes, library facilities, or electronic research subscriptions when billing the state.

TECHNICAL

Updated bill version number from SB0039.2 to SB0039.3 throughout the document.

Minor formatting adjustments to line breaks and spacing in the document structure.

SB0039_1(10).pdf → SB0039_2(7).pdf · 3 edits

MINOR

This bill adds a new requirement that attorney fees in cases challenging state statutes or administrative rules must be reasonable, with specific documentation standards. It also modifies the codification instruction to clarify how the new section integrates with existing Montana Code Annotated provisions.

Scope change

The bill's scope is expanded to specifically address attorney fee awards in cases challenging state statutes or administrative rules, which was not explicitly included in the previous version.

REQUIREMENT

Added explicit requirement that attorney fee awards in cases challenging state statutes or administrative rules must be reasonable.

TECHNICAL

Modified the codification instruction to clarify that the new section is intended to be codified as an integral part of Title 25, chapter 10.

Changed bill numbering from SB 39.1 to SB0039.2 and updated formatting throughout the document.

SB0039_2(6).pdf → SB0039_1(10).pdf · 5 edits

MODERATE

This bill revises Montana's attorney fee award requirements to ensure all fee requests are reasonable and properly documented. It adds specific documentation standards, limits on attorney participation, and caps on certain expenses. The changes aim to prevent excessive billing and ensure fairness when the state is involved in civil litigation.

Scope change

The bill applies to all attorney fee awards in civil lawsuits filed on or after the effective date, including cases challenging state statutes or administrative rules.

REQUIREMENT

Added specific documentation requirements for attorney fee requests, including detailed task descriptions, time increments of tenths of an hour, and itemized expense lists with receipts.

Established rebuttable presumptions that certain practices are unreasonable, such as sending more than one attorney to a deposition or more than two attorneys to trial, and charging for telephone calls or electronic research subscriptions.

Modified hourly rate standards by adding a presumption that rates are unreasonable if they exceed the statewide average for attorneys practicing less than 10 years.

Added requirement that courts must explain why they would grant a rate higher than what the state attorney charges when awarding fees against the state.

ELIGIBILITY

Modified the bad faith/frivolous suit provision to clarify that costs and attorney fees apply when the opposing party prevails against the state and the state's claim or defense was frivolous or pursued in bad faith.

SB0039_1(9).pdf → SB0039_2.pdf · 4 edits

MODERATE

The bill adds specific requirements for attorney fee awards in cases challenging state statutes or administrative rules, requiring detailed task descriptions and prohibiting block billing. It also establishes a rebuttable presumption that certain practices like sending multiple attorneys to depositions are unreasonable fee requests.

Scope change

The bill now specifically applies to cases challenging state statutes or administrative rules, expanding the scope beyond general civil lawsuits.

REQUIREMENT

Added requirement that attorney fee claims in cases challenging state statutes or administrative rules must include specific task descriptions and cannot use generic descriptors.

Added rebuttable presumption that sending more than one attorney to a deposition or more than two attorneys to oral arguments or trials is unreasonable.

Added requirement that courts must consider the hourly rate charged by the attorney representing the state when awarding fees against the state.

Modified the bill title to specifically mention cases challenging state statutes or administrative rules.

LC0613.pdf → SB0039_1.pdf · 3 edits

MINOR

The bill number was changed from LC 613 to SB 39.1, and the sponsor was updated from an unnamed primary sponsor to G. Hertz, introduced by the Senate Select Committee on Judicial Oversight and Reform. These are primarily technical and administrative changes rather than substantive policy modifications.

TECHNICAL

Bill designation changed from LC 613 to SB 39.1

Primary sponsor identified as G. Hertz

Document header updated to reflect Senate bill format

Generally revise attorney fee awards

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