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Full-Text Articles in Law
Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin
Does Fraud Pay - An Empirical Analysis Of Attorney's Fees Provisions In Consumer Fraud Statutes , Debra Pogrund Stark, Jessica M. Choplin
Cleveland State Law Review
The discretionary language in some consumer fraud statutes may cause consumers and lawyers to be less likely to decide to bring even a strong meritorious consumer fraud case, impeding the articulated legislative policy to promote the bringing of such cases. These statutes should be modified to eliminate such discretion by the courts. Part II of the Article sets out the economic dilemma a typical consumer faces in deciding whether to bring an action under the common law to be compensated for her losses when she has been defrauded (the "economic feasibility" issue). It then discusses the legislative response to the …
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder
Law Faculty Articles and Essays
The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …