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Although contingency fee audits have some facial appeal by limiting governments' out-of-pocket costs, their use undermines the fairness and impartiality essential to the sound functioning of the tax system and consigns to a for-profit, unregulated enterprise what has historically been a core government function.
Contingency fee lawsuits substantially increase the prices we pay for goods and services.
Those courts that have included contingency fees paid directly to attorneys in the client's gross income have relied on the anticipatory-assignment-of income doctrine first articulated in Lucas v.
Like the Justice of the Peace who gets to keep a percentage of the speeding fines he imposes, contract auditors who are compensated on a contingency fee basis will not be perceived as objective.
A question was proposed to the Professional Ethics Committee on whether an attorney working under a contingency fee contract could refer resolution of medical liens and related issues to a second law firm experienced in those matters.
Joyce said that since state attorneys general first signed contingency fee agreements with personal injury lawyers to bring state litigation against cigarette makers in the mid-1990s, a similar model has been used to target a variety of "deep pocket" industries and businesses, including the pharmaceutical industry, paint and pigment manufacturers, makers of latex gloves and safety equipment, and electric power producers.
Polinsky and Rubinfeld (2003) propose a mechanism that aligns the interest of the client and the lawyer under a contingency fee.
Lawyers would have the incentive to undercut other lawyers' pricing and the take-it-or-take-it-from-someone-else nature of the contingency fee would be eliminated.
Attorneys get involved in three out of every four of these types of claims, and they have no incentive for quick resolution when additional delay and conflict can drive up the total benefit award and, with it, the attorney's contingency fee.
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.
Through contingency fee arrangements, plaintiffs' lawyers accept litigation opportunities with the understanding that they will receive no compensation unless and until they are successful in the litigation (including settlements).

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