Ind. Code ch. 4-6-16

in effect

Ind. Code § 4-6-16-1 Application of chapter

Sec. 1. This chapter applies to state funds received after December 31, 2022. As added by P.L.201-2023, SEC.60.

Ind. Code § 4-6-16-2 "Contingency fee"

Sec. 2. As used in this chapter, "contingency fee" means a fee for legal services: (1) performed by an attorney or attorneys employed within the attorney general's office; (2) that are contingent upon attainment of a settlement agreement or court order in a civil case; and (3) from which money is received that would otherwise be deposited as state funds in the agency settlement fund under IC 4-12-16-3(a). As added by P.L.201-2023, SEC.60.

Ind. Code § 4-6-16-3 "Fund"

Sec. 3. As used in this chapter, "fund" means the attorney general contingency fee fund established by section 6 of this chapter. As added by P.L.201-2023, SEC.60.

Ind. Code § 4-6-16-4 Amount of contingency fee

Sec. 4. (a) Subject to section 5 of this chapter, the attorney general is entitled to a contingency fee equal to: (1) the amount of state funds that are received in a settlement agreement or court order described in IC 4-12-16-3(a); multiplied by (2) the applicable contingency fee percentage under subsection (b). (b) The applicable contingency fee percentage for purposes of subsection (a) shall not exceed the aggregate contingency fee sum of the following: (1) Twenty-five percent (25%) of any recovery that exceeds two million dollars ($2,000,000) and that is not more than ten million dollars ($10,000,000). (2) Twenty percent (20%) of any part of a recovery of more than ten million dollars ($10,000,000) and not more than fifteen million dollars ($15,000,000). (3) Fifteen percent (15%) of any part of a recovery of more than fifteen million dollars ($15,000,000) and not more than twenty million dollars ($20,000,000). (4) Ten percent (10%) of any part of a recovery of more than twenty million dollars ($20,000,000) and not more than twenty-five million dollars ($25,000,000). (5) Five percent (5%) of any part of a recovery of more than twenty-five million dollars ($25,000,000). (c) Money recovered as a contingency fee shall be deposited in the fund. The contingency fee amount shall first be deposited in the fund before the remaining recovered state funds are deposited in the agency settlement fund under IC 4-12-16-3(a). As added by P.L.201-2023, SEC.60.

Ind. Code § 4-6-16-5 Use of outside counsel; maximum amount of annual deposits in the fund

Sec. 5. (a) The attorney general is not entitled to a contingency fee if the attorney general hired private attorneys as outside counsel to litigate the case. (b) The amount of money deposited in the fund each state fiscal year under this chapter may not exceed two million five hundred thousand dollars ($2,500,000). However, after review by the budget committee, the amount of money deposited in the fund in a given state fiscal year may exceed two million five hundred thousand dollars ($2,500,000). As added by P.L.201-2023, SEC.60.

Ind. Code § 4-6-16-6 Attorney general contingency fee fund; purposes; appropriation

Sec. 6. (a) The attorney general contingency fee fund is established for the purposes of paying litigation costs of the attorney general's office. (b) The fund consists of: (1) money deposited in the fund under section 4 of this chapter; and (2) all earnings on investments of the funds. (c) The attorney general shall administer the fund. (d) Subject to subsection (e), money in the fund may be used to fund future litigation and consumer education initiatives. (e) Money deposited in the fund must be used in accordance with any settlement requirements imposed for its use as determined by court order. (f) The expenses of administering the fund shall be paid from the money in the fund. (g) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. (h) Money in the fund at the end of a state fiscal year does not revert to the state general fund. (i) Money in the fund shall be continuously appropriated and is not subject to allotment under IC 4-12-1-12(d). As added by P.L.201-2023, SEC.60. Amended by P.L.123-2024, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/4Fetched: 10/17/2026