Tennessee § 29-26-120 - Attorneys' fees.

§ 29-26-120. Attorneys' fees.

Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one third percent (331/3%) of all damages awarded to the claimant. Acts 1975, ch. 299, § 19; 1976, ch. 759, § 19; T.C.A., § 23-3419; Acts 2012, ch. 798, § 12. Amendments. The 2012 amendment substituted “health care liability action” for “malpractice action”. Effective Dates. Acts 2012, ch. 798, § 59. April 23, 2012. Rule Reference. This section is referred to in the Commentary under Rule 1.5 of the Tennessee Rules of Professional Conduct. Law Reviews. Determining a Reasonable Percentage in Establishing a Contingency Fee: A New Tool to Remedy an Old Problem (Jeffrey D. Swett), 77 Tenn. L. Rev. 653 (2010). Evaluating Norms: An Empirical Analysis of the Relationship between Norm-Content, Operator, and Charitable Behavior (Brian Sheppard and Fiery Cushman), 63 Vand. L. Rev. 55 (2010). Reopening Tennessee's Open Courts Clause: A Historical Reconsideration of Article I, Section 17 of the Tennessee Constitution, 27 U. Mem. L. Rev. 333 (1997). The Standard of Care and Informed Consent Under the Tennessee Medical Malpractice Act (Joseph H. King, Jr.), 44 Tenn. L. Rev. (2) 225. Attorney General Opinions. Contingency fees in medical malpractice cases, OAG 88-03 (1/4/88). Cited: Pratt v. Smart Corp., 968 S.W.2d 868, 1997 Tenn. App. LEXIS 833 (Tenn. Ct. App. 1997); Cox v. M.A. Primary & Urgent Care Clinic, 313 S.W.3d 240, 2010 Tenn. LEXIS 553 (Tenn. June 21, 2010); Webb v. Roberson, — S.W.3d —, 2013 Tenn. App. LEXIS 261 (Tenn. Ct. App. Apr. 17, 2013).