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Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith Jun 1992

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the ...


Rethinking The Proportional Reduction Rule In The Settlement Of Multiparty Securities Actions: Judicial Overreaching Or A Neat Solution?, Christine B. Hickman Jan 1992

Rethinking The Proportional Reduction Rule In The Settlement Of Multiparty Securities Actions: Judicial Overreaching Or A Neat Solution?, Christine B. Hickman

Santa Clara Law Review

No abstract provided.