Advanced Search
MyIDEAS: Login to save this article or follow this journal

Contingent Fees for Personal Injury Litigation

Contents:

Author Info

  • Patricia Munch Danzon

Abstract

This study present a theoretical analysis of contingent fee and hourly wage contracts for legal services. In contrast to previous analyses, it concludes that with risk neutral plaintiffs and attorneys, the contingent fee induces the amount of attorney's effort that would be chosen by a fully informed plaintiff who was paying an attorney by the hour. Both the expected gross recovery and the expected attorney's fee are the same under a contingent fee as they are under an hourly fee system. For the risk averse plaintiff, expected utility is unambiguously higher with a contingent fee. Empirically based estimates show that regulation of contingent fees may have significant effects on the number of suits and the size of awards.

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: http://links.jstor.org/sici?sici=0361-915X%28198321%2914%3A1%3C213%3ACFFPIL%3E2.0.CO%3B2-B&origin=repec
File Function: full text
Download Restriction: Access to full text is restricted to JSTOR subscribers. See http://www.jstor.org for details.

As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

Bibliographic Info

Article provided by The RAND Corporation in its journal Bell Journal of Economics.

Volume (Year): 14 (1983)
Issue (Month): 1 (Spring)
Pages: 213-224

as in new window
Handle: RePEc:rje:bellje:v:14:y:1983:i:spring:p:213-224

Contact details of provider:
Web page: http://www.rje.org

Order Information:
Web: https://editorialexpress.com/cgi-bin/rje_online.cgi

Related research

Keywords:

References

No references listed on IDEAS
You can help add them by filling out this form.

Citations

Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
as in new window

Cited by:
  1. Osborne, Evan, 1999. "Who should be worried about asymmetric information in litigation?," International Review of Law and Economics, Elsevier, vol. 19(3), pages 399-409, September.
  2. Camille Chaserant & Sophie Harnay, 2013. "The regulation of quality in the market for legal services: Taking the heterogeneity of legal services seriously," European Journal of Comparative Economics, Cattaneo University (LIUC), vol. 10(2), pages 267-291, August.
  3. Baik, Kyung Hwan & Kim, In-Gyu, 1997. "Delegation in contests," European Journal of Political Economy, Elsevier, vol. 13(2), pages 281-298, May.
  4. Kotzorek, Andreas, 1985. "Mehr Markt im Bereich der Ziviljustiz," Kiel Discussion Papers 107, Kiel Institute for the World Economy (IfW).
  5. Hyde, Charles E., 2006. "Conditional versus contingent fees: Litigation expenditure incentives," International Review of Law and Economics, Elsevier, vol. 26(2), pages 180-194, June.
  6. Cotten, Stephen J. & Santore, Rudy, 2012. "Contingent fee caps, screening, and the quality of legal services," International Review of Law and Economics, Elsevier, vol. 32(3), pages 317-328.
  7. Stone, Michael P. & Miceli, Thomas J., 2012. "Optimal attorney advertising," International Review of Law and Economics, Elsevier, vol. 32(3), pages 329-338.
  8. Hans-Bernd Schaefer, 2000. "The Bundling of Similar Interests in Litigation. The Incentives for Class Action and Legal Actions taken by Associations," European Journal of Law and Economics, Springer, vol. 9(3), pages 183-213, May.
  9. Emons, Winand & Fluet, Claude, 2013. "Why Plaintiffs' Attorneys Use Contingent and Defense Attorneys Fixed Fee Contracts," CEPR Discussion Papers 9727, C.E.P.R. Discussion Papers.
  10. Friehe, Tim, 2010. "Contingent fees and legal expenses insurance: Comparison for varying defendant fault," International Review of Law and Economics, Elsevier, vol. 30(4), pages 283-290, December.
  11. Miceli, Thomas J. & Sirmans, C. F., 1995. "Contracting with spatial externalities and agency problems The case of retail leases," Regional Science and Urban Economics, Elsevier, vol. 25(3), pages 355-372, June.
  12. Florian Baumann & Tim Friehe, 2012. "Contingent fees meet the British rule: an exploratory study," Public Choice, Springer, vol. 150(3), pages 499-510, March.
  13. Nuno Garoupa & Fernando Gómez, 2002. "Cashing by the hour: Why large law firms prefer hourly fees over contingent fees," Economics Working Papers 639, Department of Economics and Business, Universitat Pompeu Fabra.
  14. Polinsky, A. Mitchell & Rubinfeld, Daniel L., 2001. "Aligning the Interests of Lawyers and Clients," Berkeley Olin Program in Law & Economics, Working Paper Series qt2kz8r3j1, Berkeley Olin Program in Law & Economics.
  15. Rudy Santore & Alan D. Viard, 1999. "Legal fee restrictions, moral hazard, and attorney profits," Working Papers 9912, Federal Reserve Bank of Dallas.
  16. Henderson, James & Leleux, Benoit & White, Ian, 2006. "Service-for-equity arrangements: Untangling motives and conflicts," Journal of Business Venturing, Elsevier, vol. 21(6), pages 886-909, November.
  17. Baik, Kyung Hwan & Kim, In-Gyu, 2007. "Contingent fees versus legal expenses insurance," International Review of Law and Economics, Elsevier, vol. 27(3), pages 351-361, September.
  18. Heyes, Anthony & Rickman, Neil & Tzavara, Dionisia, 2004. "Legal expenses insurance, risk aversion and litigation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 107-119, March.
  19. Emons, Winand, 2000. "Expertise, contingent fees, and insufficient attorney effort," International Review of Law and Economics, Elsevier, vol. 20(1), pages 21-33, March.

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:rje:bellje:v:14:y:1983:i:spring:p:213-224. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ().

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.