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Contingent-fee caps don't achieve 'reform' goals, study finds.

Publication: Trial
Publication Date: 01-DEC-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Capping contingent fees isn't helping accomplish tort "reform," according to a study published by the conservative American Enterprise Institute. (Two Cheers for Contingent Fees (Aug. 2005).) Two economics professors found that restrictions on contingent fees are unjustified, produce unintended negative consequences, and "will most likely tend to wash more low-value 'junk suits' into the legal system." Also, they found, the fees do not cause higher awards.

"This is a significant study because it comes from an unusual source: supporters of tort restrictions," said Bob Peck, president of the Center for Constitutional Litigation in Washington, D.C. "The economists who wrote this study went beyond anecdote and biased assumptions and looked at the data to find that the contingent-fee system works...

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