WELCOME TO THE TASK FORCE ON CONTINGENT FEES

Our Organizational Statement

The purpose of this Task Force is to evaluate lawyers' contingent fee rules and practices and proposals for their reform. To provide its members with a solid foundation for its work, the Task Force will begin not by a narrow focus on remedial proposals, but rather with a broader study of the history and rationales for contingent fees. Mindful that different areas of practice entail special issues, the Task Force will seek to define the sources and nature of perceived problems and to assess their seriousness. Among the issues it will address are: how well the contingency fee system provides access to the justice system, especially for those who could not otherwise afford such access; how contingent fees affect the financing of tort actions, including their role in both individual and class actions; whether there are "standardized" contingent fees and whether exists a genuine market for contingent fees; how ethical rules relating to reasonableness of fees apply and whether they are adequately enforced; to what extent risk influences the determination of contingent fees agreements and awards. Where the Task Force finds problems, it will evaluate proposed remedies, whether of its own making or suggested by others (such as the Common Good proposal). Ultimately, the Task Force will provide to all interested parties a report of its findings and recommendations, if any, for improvements in contingent fees rules and practice. To accomplish these tasks, the Task Force will explore contingent-fee issues in a series of informal hearings. The members will prepare with pertinent background meetings and then interview invited guests who have expertise and important information about contingent fee theory and practice.

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