Give the Lawyer His Cut

摘要

If america is, in the imagery of tort reformers, lawsuit hell, then contingent-fee lawyers are its devils. Most injury cases are handled on contingency, meaning the lawyers get paid only if they settle or win in court. Tort reform proponents have long demanded restrictions on these contingent fees, which typically give the lawyer a third of any award. They argue that fat contingent fees encourage frivolous litigation and give attorneys the wrong incentives, especially on settlement decisions. State legislatures have listened. Sixteen states, including California, New Jersey and Florida, limit contingent fees in medical malpractice or personal injury cases. In Florida, which since 2004 has had the strictest limits in the nation, fees in medical malpractice cases are capped at 30% of the first $250,000 and just 10% of the balance.