SENATE BILL No. 1002

 

 

December 13, 2007, Introduced by Senators RICHARDVILLE, KAHN, BIRKHOLZ, GEORGE, PAPPAGEORGE, GILBERT, McMANUS, ALLEN, VAN WOERKOM, KUIPERS, JANSEN, HARDIMAN, STAMAS and BROWN and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2443.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2443. (1) Except as otherwise provided by law or agreed

 

to by the parties, a court shall award the prevailing party in a

 

civil action an attorney fee determined as provided in subsection

 

(2).

 

     (2) An attorney fee awarded under subsection (1) shall be

 

reasonable and calculated based on an hourly rate that does not

 

exceed a rate that the court considers acceptable in the community

 

in which the attorney practices law, taking into account the

 

attorney's qualifications and experience and the complexity of the

 

case.

 


     (3) If a court finds that special circumstances exist that

 

make an award of an attorney fee calculated as provided in

 

subsection (2) unjust or inequitable, the court in its discretion

 

may refuse to award an attorney fee or may reduce the amount

 

awarded.

 

     (4) As used in this section, "prevailing party" means a party

 

who wins on the entire record.