The contingent percentage fee "is the dominant system in the United States by which legal services are financed by those seeking to assert a claim." The contingent fee is practically the exclusive method of compensating attorneys in personal injury cases.' Contingent percentage fees are also frequently employed in antitrust litigation, class suits, minority stockholder suits, worker's compensation practice, tax practice, and will settlements.'I While the Ethical Considerations of the Code of Professional Responsibility authorize use of the contingent fee in most civil cases," contingent fees are generally considered unethical when applied to criminal cases, divorce cases, and arrangements for procuring or influencing legislative action. There remains questions as to the validity of defense contingent fee contracts. This comment will focus on contingent percentage fees for plaintiff's attorneys in personal injury litigation.
Laufer, Janet Ann
"Of Ethics and Economics: Contingent Percentage Fees for Legal Services,"
Akron Law Review: Vol. 16:
4, Article 9.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol16/iss4/9