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The contingent fee is the most common form of payment arrangement
for plaintiffs seeking representation in personal injury litigation.
Instead of billing the plaintiff on an hourly basis, the attorney
is entitled to a percentage of the settlement or trial award,
usually in the amount of one-third. If the plaintiff does not
receive any compensation for damages, the attorney receives nothing.
Contingent fees are not allowed in criminal matters and rarely
permitted in family law cases.
Over the years, the general contingent fee has been maligned
by corporate America and by special interests such as the American
Medical Association (AMA) and conservative think tanks such as
the Manhattan Institute. It is no accident that the contingent
fee is a prime target of groups seeking to limit the rights of
injured victims. There is no more effective way to undermine our
jury system. Eliminating the contingent fee would effectively
strip the "keys to the courthouse" from the average
citizen.
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