12 U.S.C. § 4241 — Authority to enter into contracts for private counsel
submitted 36 years ago by Pub. L. 101-647 to r/title-12-BANKS-AND-BANKING · 199 words · no verdicts yet
The Attorney General may hire private counsel for specified civil actions and must protect the United States through contract terms. Contingency fees are capped by typical local fees and are paid from recovered penalties or assets.
(a) In general. The Attorney General may contract with private counsel for legal services in civil actions under sections 4201 or 4225. The services may include investigating, negotiating, compromising, settling, litigating, and executing judgments.
(b) Terms and conditions. Each contract must include the provisions in section 4244 and any other terms the Attorney General considers necessary and appropriate to protect United States interests.
(c) Limitation of fee. The contingency fee cannot be higher than the fee lawyers in private practice in the place where the services are provided typically charge for the same or comparable services.
(d) Contingent fees. Despite section 3302(b) of title 31, the contract must state* that the United States pays the fee from the amount recovered and that the fee is a percentage of recovered civil penalties or assets.
The Attorney General may enter into contracts retaining private counsel to furnish legal services, including representation in investigation, negotiation, compromise, settlement, litigation, and execution of judgments in the case of any civil action referred to in section 4201 of this title or section 4225 of this title.
Each contract under subsection (a) shall include the provisions described in section 4244 of this title and such other terms and conditions as the Attorney General considers necessary and appropriate to protect the interests of the United States.
The amount of the contingency fee payable for legal services furnished under a contract described in subsection (a) shall not exceed the contingency fee that counsel engaged in the private practice of law in the jurisdiction wherein the legal services are furnished typically charge clients for furnishing the same or comparable legal services.
Notwithstanding section 3302(b) of title 31, a contract under this section shall provide that a fee that the United States pays private counsel for services is payable from the amount recovered and shall be based on a percentage of the civil penalties or assets recovered.
Source credit: (Pub. L. 101–647, title XXV, § 2588, Nov. 29, 1990, 104 Stat. 4905.)
- 1990Enacted · Pub. L. 101-647 · 104 Stat. 4905
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.
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