TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P19

Gale Encyclopedia of American Law Volume 3 P19 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 168 CONTINGENT FEE contingent remainder the contingency being the daughter s marriage. CONTINGENT FEE Payment to an attorney for legal services that depends or is contingent upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered such as 25 percent if the matter is settled or 30 percent if it proceeds to trial. Contingent-fee agreements are valid only in civil cases and are frequently used in personal injury cases. Court rules and statutes often regulate these fees in relation to the type of action and amount of recovery. Such an arrangement is generally used when the party seeking recovery cannot afford to retain an attorney and therefore would not have any effective means of prosecuting a claim. An attorney is not entitled to a contingent fee in the absence of an express contract. Contingent-fee agreements although intensively scrutinized by the courts are valid if equitable and reasonable to the client. The purpose of a contingent fee is to reward attorneys for proficiency and diligence in prosecuting disputed and litigated claims as opposed to rendering minor services that any inexperienced attorney might perform. Contingent fees are never permitted in criminal cases as there is no possibility of a financial recovery that would be the source of the contingent fee. These arrangements are emphatically discouraged in divorce proceedings due to public policy considerations. An attorney may discourage a reconciliation if a fee depends upon the granting of a divorce. Public policy favors the continuation of marriage which is traditionally viewed as a stabilizing force in society. A contingent-fee contract that prohibits a client from settling a case is also void as against public policy because society views the avoidance of unnecessary litigation as desirable. When an attorney who was retained on a contingent-fee basis dies his or her estate will not be entitled to any fee unless the attorney had completely .

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