Contingent Fees
Access to the Court or Threat to Capitalism?
Produced by the ABA Coalition for Justice
Faculty:
Linda A. Klein
Steven B. Lesser
George Fleming
Scott A. Love
Patrick Longan
Daniel J. Mulholland
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?
Duration: 1 hour, 49 minutes, 29 seconds
Credit Hours: 1.75 hours in a 60-minute state, 2.10 hours in a 50-minute state
Produced: Recorded from a live program August 9, 2007
MCLE credit is subject to each state's regulations. Some states do not approve online courses for MCLE credit or do not approve online courses for specialty credit such as ethics credit or have specific rules regarding who may earn credit or the maximum number of credit hours that may be earned through online CLE. Please contact your state if you have any questions.
