Elections | Initiatives


SPONSOR: John R. McCarty, P.O. Box 13987, Jackson, MS 39236; 601-352-7867

SUBJECT MATTER: Attorney's fees.

PROPOSED BALLOT TITLE: Should citizens be prohibited by the Constitution from agreeing to pay more than a one-third contingency fee to their attorneys?

PROPOSED BALLOT SUMMARY: This amendment would prohibit a person from contracting with his attorney for a contingency fee of over: 33 1/3 percent of the first $50,000.00; twenty-five percent of the next $100,000.00; twenty percent of the next $350,000.00; and fifteen percent of any further amounts recovered. Regardless of any agreement with a client, an attorney would be required to estimate and keep records of hours worked on a client's case. Fee information would have to be disclosed.

ORIGINAL FILING: November 13, 1998

STATUS: Expired

Initiative Information

The official ballot title and ballot summary for an initiative measure are prepared by the Mississippi Attorney General's Office. Initiative petitions are valid for one year. According to Mississippi law, for an initiative petition to be sufficient a minimum of 91,673 certified signatures must be gathered; with at least 18,355 certified signatures from each of the five congressional districts. The number of signatures required represents 12% of the total number of votes cast for Governor in the last gubernatorial general election. All signatures on the petition must be certified by county Circuit Clerks as those of registered Mississippi voters.

For more information on the initiative process in Mississippi, consult the Mississippi Constitution of 1890, Section 273; and Miss. Code Ann., Sections 23-17-1 through 23-17-61 (1972).