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Selected Works

2010

Legislation

Adam Shajnfeld

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Full-Text Articles in Law

A Critical Survey Of The Law, Ethics And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld Jan 2010

A Critical Survey Of The Law, Ethics And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

Adam Shajnfeld

This Article presents a critical survey of the law, ethics and economics of contingent fee arrangements for legal representation. First, it introduces the contingent fee, its history, and the various forms it takes. Second, it discusses and proposes changes in the use (or prohibition) of contingent fees in criminal, domestic relations and corporate matters. Third, it explores the concept of risk and its effect on legal fees, and analyzes various proposals that aim to reform risk-insensitive and uncompetitive pricing. Fourth, it examines agency problems in the attorney-client relationship that may be affected by fee arrangements, and makes suggestions for overcoming …