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United States · Bill · HR

H.R. 988 (104th)

Attorney Accountability Act of 1995

openUnited States· United States Congress· EN

Introduced

16 February 1995

Last action

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Status

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 28.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Attorney Accountability Act of 1995 - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Specifies that such an attorney's fee shall be a reasonable fee attributable to the claim, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, subject to specified limitations. Permits the court to refuse to award an attorney's fee or to reduce the amount of a fee awarded to the extent that the court finds special circumstances that make an award of such a fee unjust or inequitable. (Sec. 3) Amends rule 702 of the Federal Rules of Evidence to provide that: (1) testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion is scientifically valid and reliable, has a valid scientific connection to the fact it is offered to prove, and is sufficiently reliable so that the probative value of such evidence is not outweighed by the dangers of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (but makes this provision inapplicable to criminal proceedings); and (2) testimony by a witness who is qualified is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. (Sec. 4) Expresses the sense of the Congress that each State should require, under penalty of law, each attorney admitted to practice law in such State to disclose in writing to any client with whom the attorney has entered into a contingency fee agreement: (1) the actual services performed for the client in connection with such agreement; and (2) the precise number of hours actually expended by the attorney in the performance of such services. Amends rule 11(c) of the Federal Rules of Civil Procedure to require (currently, permit) the court to impose sanctions upon the attorneys, law firms, or parties that violate provisions regarding certain representations to the court (e.g., regarding frivolous lawsuits). Specifies that a sanction imposed for a violation of this rule: (1) shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated and to compensate the parties that were injured by such conduct; and (2) may consist of an order to pay to the other party the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. Repeals provisions making rule 11 (regarding the signing of pleadings, representations to the court, and sanctions) inapplicable to discovery. (Sec. 5) Requires the plaintiff, not less than 30 days before commencing a civil action in a U.S. district court, to transmit to the defendant a written statement specifying the particular claims alleged and the amount of damages claimed in the action. Requires the district court in which a civil action is commenced to dismiss the action with respect to a defendant, without prejudice, if: (1) not later than 60 days after the action is commenced, the defendant files a motion to dismiss the action on the basis that the plaintiff failed to comply with such requirement; and (2) the plaintiff fails to establish that he or she complied with such requirement before commencing the action. Lists exceptions to such notice requirement. Sets forth provisions regarding the statute of limitations.

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Documents

12 official files

Placed on Calendar Senate (text)

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