"To the extent that respondents and their amici ask us to eliminate the contingency fee
multiplier in all but the 'rare' and 'exceptional' case where attorney's fees are awarded, we decline to adopt the reasoning of the United States Supreme Court....
In addition to capping monetary awards for pain and suffering and other noneconomic damages at $250,000, the measure would limit contingency fees
to 33.3 percent for lawyers suing doctors, clinics, hospitals and nursing homes.
Plaintiff's attorneys taking cases on a contingency fee
basis generally use one of two kinds of contractual fee agreements: net fee arrangements or gross fee contracts.
If lawyers were permitted to enter into contingency fee
agreements, clients would only have access to legal advice from a source with a direct financial interest in the litigation.
Second and more troubling, studies of contingency fee
lawyers have never revealed any significant risk premium.
THE STATUS OF CONTINGENCY FEE
LIMITATIONS IN THE LEGISLATURES AND AT THE BALLOT BOX
In Quanstrom the Florida Supreme Court classified three kinds of cases in which a contingency fee
multiplier might be appropriate:
(1) Their use in the United States generates great controversy, and while their use is restricted in some states, further calls for restrictions on contingency fee
contracts are often heard.
Clearly, a contingency fee
lease auditing firm will generally not waste time on a claim that is not legitimate because it is only compensated for successful results.
Brickman has convinced me that there is little competition in contingency fee
markets, and that such markets could be much more competitive.
She previously had signed a contingency fee
agreement granting her attorney one-half of all collections.
Two judges ruled there was no evidence that the solicitors had entered into illicit contingency fee
agreements, enabling impoverished tenants to bring private prosecutions over poor housing conditions.