Articles on Contingency Representation and Legal fees

Morehead, Damage-Based Contingency Fees in Employment Cases: A Survey of Practitioners

Contingency fees, akin to the American system, have long existed in the legal framework of England and Wales, notably in employment tribunals and other non-contentious business areas. Unlike in some other jurisdictions, employment tribunals typically don’t adhere to a ‘loser-pays’ costs rule, with each party bearing their own costs. Moreover, in these tribunals, contingency fees can be calculated as a percentage of damages, termed as Damage-Based Contingency Fees (DBCFs). Despite initial resistance in civil litigation circles due to concerns of potential abuse and ethical implications, the implementation of DBCFs in employment tribunals has flown under regulatory scrutiny. This study seeks to shed light on this phenomenon by examining the prevalence and implications of DBCFs in employment cases, drawing from a telephone survey of 191 practitioners and an analysis of relevant literature and data.

Garoupa Expand & Cashing by the Hour: Why Large Law Firms Prefer Hourly Fees over Contingent Fees

Large law firms often opt for hourly fees over contingent arrangements, a trend attributed to moral hazard concerns. While contingent fees align attorney-client interests, they may not necessarily align with the interests of the law firm partnership. Hourly billing, therefore, serves as a solution to the common agency problem between attorneys and the partnership.

New Trends in Financing Civil Litigation in Europe: A Legal, Empirical, and Economic Analysis (Google eBook)

This analysis delves into emerging trends in civil litigation financing across Europe, offering a comprehensive exploration of the legal, empirical, and economic aspects shaping contemporary practices.

Symposium: Lawyers, Law Firms and the Legal Profession: The Business of Law: Panel 1: Lawyers in a Fee Quandary: Must the Billable Hour Die?

In this symposium, legal professionals explore the evolving landscape of legal fees, particularly the ongoing debate surrounding the viability of the billable hour model.

Lawyers, Law Firms & the Legal Profession: An Ethical View of the Business of Law, held on May 1, 2008, Summer, 2008, 6 DePaul Bus. & Comm. L.J. 487

An examination of the ethical dimensions inherent in the business practices of lawyers and law firms, focusing on the interplay between professional ethics and commercial imperatives.


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