§ 114-9.2 – Title.

114-9.2. Title. This Article shall be known and may be cited as the "Transparency in Private Attorney Contracts Act (TIPAC)." (2014-110, s. 1.1.)

§ 114-9.3 – Definitions.

114-9.3. Definitions. The following definitions apply in this Article: (1) Contingency fee contract. – A contract entered into by a State agency to retain private counsel that contains a contingency fee arrangement, including, but not limited to, pure contingency fee agreements and hybrid agreements, including a contingency fee aspect. (2) Government attorney. – An attorney […]

§ 114-9.4 – Procurement.

114-9.4. Procurement. (a) A State agency may not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into the contract that contingency fee representation is both cost-effective and in the public interest. Any written determination shall include specific findings for each of the […]

§ 114-9.5 – Contingency Fees.

114-9.5. Contingency Fees. (a) The Attorney General may not give permission under G.S. 114-2.3 for a State agency to enter into a contingency fee contract that provides for the private attorney to receive an aggregate contingency fee, exclusive of reasonable costs and expenses, in excess of: (1) Twenty-five percent (25%) of any damages up to […]

§ 114-9.6 – Control.

114-9.6. Control. (a) Decisions regarding disposition of the case are reserved exclusively to the discretion of the State agency in consultation with a government attorney. (b) The Attorney General shall develop a standard addendum to every contract for contingency fee attorney services that shall be used in all cases, describing in detail what is expected […]

§ 114-9.7 – Oversight.

114-9.7. Oversight. (a) Until the conclusion of the legal proceeding or other matter for which the services of the private attorney have been retained, the executed contingency fee contract and the Attorney General’s written determination pursuant to G.S. 114-9.4 shall not be deemed a public record within the meaning of Chapter 132 of the General […]

§ 114-9.8 – No expansion of authority.

114-9.8. No expansion of authority. Nothing in this Article shall be construed to expand the authority of any State agency or officer or employee of this State to enter into contracts for legal representation where no authority previously existed. (2014-110, s. 1.1.)