Improving Access to Justice: Do Contingency Fees Really Work?
While not touted as a universal panacea for access problems, contingency fees have received general praise as an important and justice-improving initiative. By back-loading the payment of legal fees, the assumption is that the interests of clients and litigants will be better served. I challenge t...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Windsor
2020-09-01
|
| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6419 |
| _version_ | 1797709489394155520 |
|---|---|
| author | Allan C. Hutchinson |
| author_facet | Allan C. Hutchinson |
| author_sort | Allan C. Hutchinson |
| collection | DOAJ |
| description | While not touted as a universal panacea for access problems, contingency fees have received general praise as an important and justice-improving initiative. By back-loading the payment of legal fees, the assumption is that the interests of clients and litigants will be better served. I challenge that received wisdom. While the rise of contingency fee agreements between lawyers and clients has increased the number of people who can afford lawyers and make successful claims, the more challenging issue is whether that increase is being achieved at too high a price to clients and litigants – while more people are able to bring a case, which they could not otherwise have done, they will be receiving far less than they might actually be entitled to. In short, do contingency fees work as much or more to the advantage of lawyers than clients? I suggest not. |
| first_indexed | 2024-03-12T06:38:24Z |
| format | Article |
| id | doaj.art-a1d15bbed2824998a11d0cb3511a808b |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T06:38:24Z |
| publishDate | 2020-09-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-a1d15bbed2824998a11d0cb3511a808b2023-09-03T01:12:24ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172020-09-013610.22329/wyaj.v36i0.6419Improving Access to Justice: Do Contingency Fees Really Work?Allan C. Hutchinson0York UniversityWhile not touted as a universal panacea for access problems, contingency fees have received general praise as an important and justice-improving initiative. By back-loading the payment of legal fees, the assumption is that the interests of clients and litigants will be better served. I challenge that received wisdom. While the rise of contingency fee agreements between lawyers and clients has increased the number of people who can afford lawyers and make successful claims, the more challenging issue is whether that increase is being achieved at too high a price to clients and litigants – while more people are able to bring a case, which they could not otherwise have done, they will be receiving far less than they might actually be entitled to. In short, do contingency fees work as much or more to the advantage of lawyers than clients? I suggest not.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6419 |
| spellingShingle | Allan C. Hutchinson Improving Access to Justice: Do Contingency Fees Really Work? The Windsor Yearbook of Access to Justice |
| title | Improving Access to Justice: Do Contingency Fees Really Work? |
| title_full | Improving Access to Justice: Do Contingency Fees Really Work? |
| title_fullStr | Improving Access to Justice: Do Contingency Fees Really Work? |
| title_full_unstemmed | Improving Access to Justice: Do Contingency Fees Really Work? |
| title_short | Improving Access to Justice: Do Contingency Fees Really Work? |
| title_sort | improving access to justice do contingency fees really work |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/6419 |
| work_keys_str_mv | AT allanchutchinson improvingaccesstojusticedocontingencyfeesreallywork |