Senate Bill 181
No Contingency Fees for Prosecutors in Criminal Forfeiture Actions
Effective date: July 1, 2012

Prosecuting attorneys and private attorneys will be prohibited from being compensated on a contingent basis based on a percentage of assets that arise from a forfeiture action. The bill also prohibits such attorneys from being compensated on an hourly, fixed fee or similar arrangement that is contingent on the successful prosecution of a criminal forfeiture case. This bill incorporates language from House Bill 64, which allows a party in a civil action to petition the court for a determination on the reasonableness of attorney’s fees if such fees exceed $20,000, although not in tort actions.

These types of fee arrangements had already been banned this year by the Georgia Court of Appeals in Greater Georgia Amusements v. State of Georgia.

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