Retail Association of Nevada president: ‘Nevadans need real reforms that protect plaintiffs, not millionaire attorneys’

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Retail Association of Nevada President Mary Lau | rannv.org

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Mary Lau, president of the Retail Association of Nevada, stated that businesses in Nevada are confronting "an unprecedented number of meritless lawsuits" that "do nothing to protect their customers" and only serve to enrich attorneys. Lau expressed her concerns in a press release dated March 18.

"Unfortunately, billboard attorneys have co-opted the court system at the expense of victims and businesses," said Lau. "Retailers across Nevada face an unprecedented number of meritless lawsuits that make it almost impossible to operate – lawsuits that do nothing to protect their customers. Nevadans need real reforms that protect plaintiffs, not millionaire attorneys, and this ballot measure is an important step in the right direction."

According to the same press release, the political action committee Nevadans for Fair Recovery has proposed a ballot initiative aimed at capping attorney contingency fees at 20% with the intention of safeguarding plaintiffs’ judgements.

The proposed ballot initiative seeks to amend Title 1, Chapter 7 of the Nevada Revised Statutes by adding a section that reads: "For causes of action arising after January 1, 2027, an attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in a civil case in excess of twenty percent of the amount of recovery." The initiative further clarifies that this 20% cap would apply to "all forms of recovery, including, without limitation, settlement, arbitration and judgment."

Pacific West Injury Law explains that under a contingency fee arrangement, attorneys receive a predetermined portion of the money awarded to a plaintiff when their case is settled or won. In Nevada, personal injury attorneys can charge contingency fees ranging from 33.3% to 50%.

Attorney Josh Schwadron expressed his concern over law firms not reducing attorney fees as settlement values increase. In his blog post, Schwadron pointed out that a firm charging a 40% fee would take $8,000 from a $20,000 settlement and $800,000 from a $2 million settlement. He argued that "the work a law firm needs to do to make its $800,000 fee is usually not even close to 100x the work required to make an $8,000 contingent fee." Schwadron suggested that individuals who have been injured should attempt to negotiate their personal injury attorneys’ contingency fees lower to retain more money for medical bills. However, he also noted that some plaintiffs may not be aware that negotiated fees could be an option.

According to the Retail Association of Nevada's website, Lau has held the position of president and CEO since the late 1980s. Her work primarily revolves around the intersection of the retail industry with other major Nevada industries. She has served on multiple boards and commissions, including the Automotive Repair Advisory Board, Nevada State Board of Pharmacy, and the Nevada Judicial Ethics Commission.

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