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HB 1830

TO AMEND THE LAW CONCERNING THE ATTORNEY GENERAL; AND TO AMEND THE LAW CONCERNING THE PROCUREMENT OF CONTINGENCY FEE CONTRACTS BY THE ATTORNEY GENERAL.

2025 Regular Session Introduced by Kim Hammer and 1 co-sponsor

House Bill 1830 ensures Arkansas' Attorney General controls contingency fee contracts, enhancing oversight, accountability, and direct communication with defendants in litigation.

Notification that HB1830 is now Act 689
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Bill Summary · HB 1830

Summary of House Bill 1830 (Act 689)

Bill Number: HB 1830
Status: Now Act 689
Introduced: March 18, 2025
Authors: Representative M. Shepherd, Senator K. Hammer

Purpose and Intent

House Bill 1830 aims to amend existing laws concerning the Attorney General of Arkansas, specifically focusing on the procurement of contingency fee contracts. The bill seeks to establish clearer guidelines and requirements for how the Attorney General can engage private attorneys under contingency fee arrangements, ensuring that government attorneys maintain control over litigation processes.

Key Provisions

The bill introduces several significant changes to Arkansas Code § 25-16-714 regarding contingency fee contracts:

  1. Prohibition on Fee Basis:

    • Contingency fees cannot be based on penalties or civil fines awarded in litigation.

  2. Control and Oversight:

    • The Attorney General must ensure that:
      • Government attorneys retain complete control over the case.
      • A supervising government attorney is personally involved in overseeing the litigation.
      • Government attorneys have the authority to reject decisions made by outside counsel.
      • Defendants can directly contact lead government attorneys without going through contingency fee counsel.
      • Supervising government attorneys must attend all settlement conferences.
      • Decisions regarding settlements are exclusively at the discretion of government attorneys and the Attorney General.

  3. Standard Addendum:

    • The Attorney General is required to develop a standard addendum for all contingency fee contracts, detailing the responsibilities of both the contracted private attorney and the Attorney General.

  4. Limitations on Authority:

    • The bill clarifies that it does not expand the Attorney General's authority to enter into contracts beyond what is already permitted by law.

Impact

Who is Affected?

  • Attorney General's Office: The bill directly impacts how the Attorney General's office manages and oversees contingency fee contracts.
  • Private Attorneys: Attorneys who enter into contracts with the state will need to adhere to the new guidelines and responsibilities outlined in the bill.
  • Defendants in Litigation: The ability for defendants to communicate directly with government attorneys may alter the dynamics of legal proceedings.

Procedural Timeline

  • March 18, 2025: Bill filed and introduced.
  • March 31, 2025: Passed in the House and sent to the Senate.
  • April 8, 2025: Returned from the Senate with a recommendation to pass.
  • April 10, 2025: Passed in the Senate and returned to the House.
  • April 16, 2025: Notification that HB 1830 is now Act 689.

Conclusion

House Bill 1830 establishes important regulations for the procurement of contingency fee contracts by the Attorney General, ensuring that government attorneys maintain oversight and control over litigation processes. The bill aims to enhance accountability and transparency in legal proceedings involving the state of Arkansas.

Compiled from official sources — confirm details with the bill’s official record.

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