Kansas local governments would explain contingency-fee lawyer contracts publicly

A political subdivision would have to discuss and approve a contingency-fee legal contract in an open meeting. This applies to political subdivisions, including publicly funded local government bodies and municipalities, that enter into contingency-fee contracts for legal services. Before the meeting, the governing body would have to give notice explaining why it is pursuing the matter, the desired outcome, the lawyer’s qualifications and any relationship with the lawyer. The notice would also have to explain why local staff cannot do the work, why hourly-rate lawyers cannot reasonably be hired, and why the contract serves residents’ interests. The body would have to make written findings of substantial need and explain why local staff cannot do the work. It must also find that hourly-rate services are not reasonably available because of the matter’s nature or because the subdivision lacks funds for the estimated hourly cost. The provisions would take effect after publication in the statute book and expire on July 1, 2029.

A political subdivision would have to obtain the attorney general’s approval before a contingency-fee contract could take effect. This applies to contingency-fee contracts for legal services approved by a political subdivision. The subdivision would have to provide the proposed contract, a description of the legal matter, meeting-notice information, and its written findings. The attorney general could refuse approval if the state has addressed or is pursuing a matter with shared legal or factual questions, local action would not promote a just and efficient resolution, or the contract violates lawyer conduct rules. If the attorney general does not act within 90 days after receiving the materials, the contract would count as approved. The attorney general would have 90 days after receiving the required materials to approve or refuse approval. The provisions would expire on July 1, 2029.

A political subdivision would have to submit certain existing contracts to the attorney general for review. This covers contingency-fee legal contracts that political subdivisions entered into before July 1, 2025. The attorney general would review each contract under the same approval and refusal rules. An ongoing court or administrative case involving such a contract would continue unless the attorney general appeared and requested dismissal. If the court or other decision-making body found that the contract did not comply with this section, it would have to dismiss the matter without prejudice. The submission deadline would be July 1, 2026. These provisions would expire on July 1, 2029.