Juries Should Not Decide Contingency Fee Disputes

By Mark McNabola

Imagine you are a personal injury lawyer. You are asked by the primary counsel for the victim of an accident, car crash, product liability or malpractice to be lead counsel at the trial stage. After doing some initial work, reviewing pleadings, deposition testimony and meeting with experts, you enter into a written contingency fee agreement with the plaintiff that provides for attorney fees at 25% if the case resolves prior to a trial setting, and 33 1/3% after a trial setting...
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