Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section.

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Terms Used In Indiana Code 34-24-1-8

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
     (b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be:

(1) in writing; and

(2) approved by the attorney general for form and legality.

     (c) An attorney retained under this section must be admitted to the practice of law in Indiana. The attorney retained may not serve as a deputy prosecuting attorney in any county.

     (d) A prosecuting attorney or deputy prosecuting attorney who conducts a forfeiture action within the scope of the attorney’s duties as a prosecuting attorney or deputy prosecuting attorney in the prosecuting attorney’s office may not receive a contingency fee.

     (e) A compensation agreement under this section must be a contingency fee agreement limited as follows:

(1) The contingency fee may not exceed thirty-three and one-third percent (33 1/3%) of the first ten thousand dollars ($10,000) of proceeds or money obtained under a settlement or judgment.

(2) The contingency fee may not exceed twenty percent (20%) of the part of the proceeds or money obtained under a settlement or judgment that is more than ten thousand dollars ($10,000) and less than one hundred thousand dollars ($100,000).

(3) The contingency fee may not exceed fifteen percent (15%) of the part of the proceeds or money obtained under a settlement or judgment that is one hundred thousand dollars ($100,000) or more.

(4) The contingency fee agreement may establish a minimum fee that does not exceed one hundred dollars ($100).

A court may authorize a compensation agreement between the prosecuting attorney and an attorney retained to bring an action that exceeds the limits described in this subsection if the court finds that the issues presented in the particular forfeiture action are unusually complex or time consuming as compared with other forfeiture actions.

[Pre-1998 Recodification Citation: 34-4-30.1-9.]

As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.5.

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