2008 | OriginalPaper | Chapter
Conditional and Contingent Fees: A Survey of some Recent Results
Author : Prof. Dr. Winand Emons
Published in: Internationalisierung des Rechts und seine ökonomische Analyse
Publisher: Gabler
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In a typical tort case in the United States the plaintiff’s attorney receives his compensation in form of a
contingent fee
. Under this payment scheme the attorney gets a share of the judgement if his client wins and nothing if his client loses. A common practice is to use a sliding scale: the attorney gets one-third if the case is settled without trial, 40% if the plaintiff wins at trial, and 50% if a judgement for the plaintiff is affirmed on appeal.