Document Type
Article
Publication Date
4-1978
Keywords
Contingent fees, Economic conflict of interest
Disciplines
Civil Procedure | Legal Profession | Litigation | Statistical Models
Abstract
Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.
In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or at least for the severe restriction, of the contingent fee as it is now known; the hourly fee should continue as a client's option.
Recommended Citation
Clermont, Kevin M. and Currivan, John D., "Improving on the Contingent Fee" (1978). Cornell Law Faculty Publications. 268.
https://scholarship.law.cornell.edu/facpub/268
Publication Citation
Published in: Cornell Law Review, vol. 63, no. 4 (April 1978).
Included in
Civil Procedure Commons, Legal Profession Commons, Litigation Commons, Statistical Models Commons