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ney’s services in connection with the year 2000 claim
or year 2000 action.
SEC. 506. CLASS ACTIONS.
An attorney representing a class or a defendant in a
year 2000 action maintained as a class action shall make
the disclosures required under this title to the presiding
judge, in addition to making such disclosures to each named
representative of the class. The presiding judge shall, at the
outset of the year 2000 action, determine a reasonable attor-
ney’s fee by determining the appropriate hourly rate and
the maximum percentage of the recovery to be paid in attor-
ney’s fees. Notwithstanding any other provision of law or
agreement to the contrary, the presiding judge shall award
attorney’s fees only pursuant to this title.
SEC. 507. AWARD OF REASONABLE COSTS AND ATTORNEY’S
FEES AFTER AN OFFER OF SETTLEMENT.
(a) OFFER OF SETTLEMENT.—With respect to any
year 2000 claim, any party may, at any time not less than
10 days before trial, serve upon any adverse party a written
offer to settle the year 2000 claim for money or property,
including a motion to dismiss the claim, and to enter into
a stipulation dismissing the claim or allowing judgment
to be entered according to the terms of the offer. Any such
offer, together with proof of service thereof, shall be filed
with the clerk of the court.
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(b) ACCEPTANCE OF OFFER.—If the party receiving an
offer under subsection (a) serves written notice on the offeror
that the offer is accepted, either party may then file with
the clerk of the court the notice of acceptance, together with
proof of service thereof.
(c) FURTHER OFFERS NOT PRECLUDED.—The fact
that an offer under subsection (a) is made but not accepted
does not preclude a subsequent offer under subsection (a).
Evidence of an offer is not admissible for any purpose ex-
cept in proceedings to enforce a settlement, or to determine
costs and expenses under this section.
(d) EXEMPTION OF CLAIMS.—At any time before judg-
ment is entered, the court, upon its own motion or upon
the motion of any party, may exempt from this section any
year 2000 claim that the court finds presents a question
of law or fact that is novel and important and that substan-
tially affects nonparties. If a claim is exempted from this
section, all offers made by any party under subsection (a)
with respect to that claim shall be void and have no effect.
(e) PETITION FOR PAYMENT OF COSTS, ETC.—If all
offers made by a party under subsection (a) with respect
to a year 2000 claim, including any motion to dismiss the
claim, are not accepted and the dollar amount of the judg-
ment, verdict, or order that is finally issued (exclusive of
costs, expenses, and attorneys’ fees incurred after judgment
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or trial) with respect to the year 2000 claim is not more
favorable to the offeree with respect to the year 2000 claim
than the last such offer, the offeror may file with the court,
within 10 days after the final judgment, verdict, or order
is issued, a petition for payment of costs and expenses, in-
cluding attorneys’ fees, incurred with respect to the year
2000 claim from the date the last such offer was made or,
if the offeree made an offer under this section, from the date
the last such offer by the offeree was made.
(f) ORDER TO PAY COSTS, ETC.—If the court finds,
pursuant to a petition filed under subsection (e) with re-
spect to a year 2000 claim, that the dollar amount of the
judgment, verdict, or order that is finally issued is not more
favorable to the offeree with respect to the year 2000 claim
than the last such offer, the court shall order the offeree to
pay the offeror’s costs and expenses, including attorneys’
fees, incurred with respect to the year 2000 claim from the
date the last offer was made or, if the offeree made an offer
under this section, from the date the last such offer by the
offeree was made, unless the court finds that requiring the
payment of such costs and expenses would be manifestly un-
just.
(g) AMOUNT OF ATTORNEY’S FEES.—Attorney’s fees
under subsection (f) shall be a reasonable attorney’s fee at-
tributable to the year 2000 claim involved, calculated on
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the basis of an hourly rate which may not exceed that which
the court considers acceptable in the community in which
the attorney practices law, taking into account the attor-
ney’s qualifications and experience and the complexity of
the case, except that the attorney’s fees under subsection (f)
may not exceed—
(A) the actual cost incurred by the offeree for an
attorney’s fee payable to an attorney for services in
connection with the year 2000 claim; or
(B) if no such cost was incurred by the offeree
due to a contingency fee agreement, a reasonable cost
that would have been incurred by the offeree for an
attorney’s noncontingent fee payable to an attorney
for services in connection with the year 2000 claim.
(h) INAPPLICABILITY
TO EQUITABLE REMEDIES.—
This section does not apply to any claim seeking an equi-
table remedy.
(i) INAPPLICABILITY TO CLASS ACTIONS.—This sec-
tion does not apply with respect to a year 2000 action
brought as a class action.
SEC. 508. ENFORCEMENT OF CONSUMER PROTECTION
RULES IN YEAR 2000 CLAIMS AND ACTIONS.
A client whose attorney fails to comply with this title
may file a civil action for damages in the court in which
the year 2000 claim or year 2000 action was filed or could
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have been filed or other court of competent jurisdiction. The
remedy provided by this section is in addition to any other
available remedy or penalty.