Thursday, December 2, 2010

Web - Contingent Fees: Access to the Court or Threat to Capitalism?

Contingent fees continue to stir great controversy especially in class action cases, mass torts, and medical malpractice lawsuits.  The controversy most recently gained national attention when President Bush banned contingency fees in cases filed by the U.S Government.  Federal judges have called contingent fees "grotesque" and plaintiffs claim they will be denied access to the courts without them. The debate remains lively among plaintiff and defense lawyers, academics, the judiciary, insurance companies, the Chamber of Commerce and the general public.

 Recent legislation and efforts to amend state constitutions to limit contingent fees have been successful. Is there a problem with contingent fees? Do plaintiff's lawyers reap a windfall when enormous fees are awarded? What are the real risks undertaken by plaintiff's counsel and does the risk justify the reward? Are contingent fee awards out of whack? Who will benefit or suffer if they are restricted or eliminated?

The ABA Center for Continuing Legal Education presents:  "Contingent Fees: Access to the Court or Threat to Capitalism?" recording on 12/09/2008 and now available for free at http://www.abanet.org/cle/clenow/nosearch/public/contingentfees/main.html

You'll have to check in your jurisdiction to see whether it's been approved for credit. In Washington State, it's 1.75 AV credit, Activity ID 232134.

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