A bill to amend the provisions of title 28, United States Code, to provide for the payment of attorney fees to a prevailing defendant in civil actions, and for other purposes.
Attorney Accountability Act of 1992 - Amends the Federal judicial code to require the Federal courts to award reasonable attorney fees to a prevailing defendant after the entry of a final judgment in any civil action, except where to do so would be against equity and good conscience. Authorizes the court, in an action involving multiple parties, to apportion the payment of such fees. Makes the provisions of this Act inapplicable to class action suits.
Provides that in any case in which such fees are awarded and: (1) the court finds that the attorney for a plaintiff has violated rule 11 of the Federal Rules of Civil Procedure (signing of papers; sanctions), the court shall reimburse the plaintiff for the amount awarded; and (2) the attorney for the plaintiff has a contingency fee agreement with the plaintiff, the court shall order the attorney to pay a portion of the fees awarded to the defendant under this Act equal to the amount of the total fees awarded multiplied by the contingency fee percentage under such agreement.
Specifies that such provisions shall preempt any other Federal law relating to attorney fees to the extent such law is inconsistent with this Act.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Courts and Administrative Practice.
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