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	<title>Comments on: FTC Opposes Inflated Fees Based on Face Value of Coupons</title>
	<atom:link href="http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/</link>
	<description>breathless punditry and one-breath poetry with David Giacalone</description>
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		<title>By: jeremy hunsinger</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4994</link>
		<dc:creator>jeremy hunsinger</dc:creator>
		<pubDate>Mon, 09 Jun 2003 21:01:29 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4994</guid>
		<description>&lt;a&gt;&lt;/a&gt;

we don&#039;t get as much done as we&#039;d like, but usually we get most things done with a little help from others.  I linked because I have held a research interest in ethics for quite some time, and this seemed an interesting topic in that area.</description>
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<p>we don&#8217;t get as much done as we&#8217;d like, but usually we get most things done with a little help from others.  I linked because I have held a research interest in ethics for quite some time, and this seemed an interesting topic in that area.</p>
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		<title>By: jeremy hunsinger</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6914</link>
		<dc:creator>jeremy hunsinger</dc:creator>
		<pubDate>Mon, 09 Jun 2003 21:01:29 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6914</guid>
		<description>&lt;a&gt;&lt;/a&gt;

we don&#039;t get as much done as we&#039;d like, but usually we get most things done with a little help from others.  I linked because I have held a research interest in ethics for quite some time, and this seemed an interesting topic in that area.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>we don&#8217;t get as much done as we&#8217;d like, but usually we get most things done with a little help from others.  I linked because I have held a research interest in ethics for quite some time, and this seemed an interesting topic in that area.</p>
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		<title>By: Feddie</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4993</link>
		<dc:creator>Feddie</dc:creator>
		<pubDate>Sun, 08 Jun 2003 21:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4993</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Ken-

Sorry about that. I have been a little single minded of late, but the Pryor nomination is of great interest to me for several reasons (which I will be happy to share with you via e-mail, if you&#039;re interested).  I will say this though, I am getting quite a bit of traffic from people who are following the nomination, so that I guess that is one positive side effect.  Anyway, sorry that it has gotten a bit redundant over SA. I will try to mix it up a bit more. :)</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Ken-</p>
<p>Sorry about that. I have been a little single minded of late, but the Pryor nomination is of great interest to me for several reasons (which I will be happy to share with you via e-mail, if you&#8217;re interested).  I will say this though, I am getting quite a bit of traffic from people who are following the nomination, so that I guess that is one positive side effect.  Anyway, sorry that it has gotten a bit redundant over SA. I will try to mix it up a bit more. :)</p>
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		<title>By: Feddie</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6913</link>
		<dc:creator>Feddie</dc:creator>
		<pubDate>Sun, 08 Jun 2003 21:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6913</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Ken-

Sorry about that. I have been a little single minded of late, but the Pryor nomination is of great interest to me for several reasons (which I will be happy to share with you via e-mail, if you&#039;re interested).  I will say this though, I am getting quite a bit of traffic from people who are following the nomination, so that I guess that is one positive side effect.  Anyway, sorry that it has gotten a bit redundant over SA. I will try to mix it up a bit more. :)</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Ken-</p>
<p>Sorry about that. I have been a little single minded of late, but the Pryor nomination is of great interest to me for several reasons (which I will be happy to share with you via e-mail, if you&#8217;re interested).  I will say this though, I am getting quite a bit of traffic from people who are following the nomination, so that I guess that is one positive side effect.  Anyway, sorry that it has gotten a bit redundant over SA. I will try to mix it up a bit more. :)</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4991</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Sun, 08 Jun 2003 17:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4991</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Very interesting, Ken.  People have often been suspicious of my brother&#039;s non-exhorbitant hourly rate and my own low mediation fees, thinking they represented an admission of lower quality.  Of course, I buy generic products whenever I can, but a lot of Americans must have the name brands, even though they can easily find out if the generic/store brand suits their needs.

Unfortunately, the ability of a law firm to get better results can&#039;t be tested out by the clients in advance.  I still believe that no firm can insist on using one &quot;standard&quot; rate for all p/i clients -- it forces clients with the best cases to subsidize those with poor cases, and it gives the lawyers an unearned windfall at the client&#039;s expense.

I&#039;d very much appreciate it if you would get your local Yellow Pages out, as I requested folks to do on Friday (6/6/03), and let me know if any ads state lower percentage rates, or suggest a willingness to negotiate or tailor fees to the individual client&#039;s case.

Don&#039;t worry about a slow response -- we should both have better things to do on a Sunday in Spring.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Very interesting, Ken.  People have often been suspicious of my brother&#8217;s non-exhorbitant hourly rate and my own low mediation fees, thinking they represented an admission of lower quality.  Of course, I buy generic products whenever I can, but a lot of Americans must have the name brands, even though they can easily find out if the generic/store brand suits their needs.</p>
<p>Unfortunately, the ability of a law firm to get better results can&#8217;t be tested out by the clients in advance.  I still believe that no firm can insist on using one &#8220;standard&#8221; rate for all p/i clients &#8212; it forces clients with the best cases to subsidize those with poor cases, and it gives the lawyers an unearned windfall at the client&#8217;s expense.</p>
<p>I&#8217;d very much appreciate it if you would get your local Yellow Pages out, as I requested folks to do on Friday (6/6/03), and let me know if any ads state lower percentage rates, or suggest a willingness to negotiate or tailor fees to the individual client&#8217;s case.</p>
<p>Don&#8217;t worry about a slow response &#8212; we should both have better things to do on a Sunday in Spring.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6911</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Sun, 08 Jun 2003 17:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6911</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Very interesting, Ken.  People have often been suspicious of my brother&#039;s non-exhorbitant hourly rate and my own low mediation fees, thinking they represented an admission of lower quality.  Of course, I buy generic products whenever I can, but a lot of Americans must have the name brands, even though they can easily find out if the generic/store brand suits their needs.

Unfortunately, the ability of a law firm to get better results can&#039;t be tested out by the clients in advance.  I still believe that no firm can insist on using one &quot;standard&quot; rate for all p/i clients -- it forces clients with the best cases to subsidize those with poor cases, and it gives the lawyers an unearned windfall at the client&#039;s expense.

I&#039;d very much appreciate it if you would get your local Yellow Pages out, as I requested folks to do on Friday (6/6/03), and let me know if any ads state lower percentage rates, or suggest a willingness to negotiate or tailor fees to the individual client&#039;s case.

Don&#039;t worry about a slow response -- we should both have better things to do on a Sunday in Spring.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Very interesting, Ken.  People have often been suspicious of my brother&#8217;s non-exhorbitant hourly rate and my own low mediation fees, thinking they represented an admission of lower quality.  Of course, I buy generic products whenever I can, but a lot of Americans must have the name brands, even though they can easily find out if the generic/store brand suits their needs.</p>
<p>Unfortunately, the ability of a law firm to get better results can&#8217;t be tested out by the clients in advance.  I still believe that no firm can insist on using one &#8220;standard&#8221; rate for all p/i clients &#8212; it forces clients with the best cases to subsidize those with poor cases, and it gives the lawyers an unearned windfall at the client&#8217;s expense.</p>
<p>I&#8217;d very much appreciate it if you would get your local Yellow Pages out, as I requested folks to do on Friday (6/6/03), and let me know if any ads state lower percentage rates, or suggest a willingness to negotiate or tailor fees to the individual client&#8217;s case.</p>
<p>Don&#8217;t worry about a slow response &#8212; we should both have better things to do on a Sunday in Spring.</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4989</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 15:51:47 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4989</guid>
		<description>&lt;a&gt;&lt;/a&gt;

sorry second comment took a little while to get to you.  Started it this morning but got distracted so didn&#039;t finish until just now.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>sorry second comment took a little while to get to you.  Started it this morning but got distracted so didn&#8217;t finish until just now.</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6909</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 15:51:47 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6909</guid>
		<description>&lt;a&gt;&lt;/a&gt;

sorry second comment took a little while to get to you.  Started it this morning but got distracted so didn&#039;t finish until just now.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>sorry second comment took a little while to get to you.  Started it this morning but got distracted so didn&#8217;t finish until just now.</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4988</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 15:48:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4988</guid>
		<description>&lt;a&gt;&lt;/a&gt;

They don&#039;t cut rates - they preemptively quote lower rates to begin with.  When the client realizes she might win she will often leave for the bigger firm with the higher contingency rate.  They must be able to get her a better result- they advertise on TV, have 4 offices in the Metro area, all her friends know the firm&#039;s name, and &lt;i&gt;they charge a higher rate&lt;/i&gt;.  The lower rate keeps some clients but, to hear my friends talk, when a case starts to shape up with some real potential a large percentage of clients will leave.

It&#039;s the wierdest thing.  Clients will walk away from the guy offering the lower fee.  Over and over again.  I had to learn that lesson the hard way in my criminal defense practice.  I would quote $200-$300 for a simple case and the client would walk out of my office and go hire the guy who quoted them $800.  Over and over again.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>They don&#8217;t cut rates &#8211; they preemptively quote lower rates to begin with.  When the client realizes she might win she will often leave for the bigger firm with the higher contingency rate.  They must be able to get her a better result- they advertise on TV, have 4 offices in the Metro area, all her friends know the firm&#8217;s name, and <i>they charge a higher rate</i>.  The lower rate keeps some clients but, to hear my friends talk, when a case starts to shape up with some real potential a large percentage of clients will leave.</p>
<p>It&#8217;s the wierdest thing.  Clients will walk away from the guy offering the lower fee.  Over and over again.  I had to learn that lesson the hard way in my criminal defense practice.  I would quote $200-$300 for a simple case and the client would walk out of my office and go hire the guy who quoted them $800.  Over and over again.</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6908</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 15:48:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6908</guid>
		<description>&lt;a&gt;&lt;/a&gt;

They don&#039;t cut rates - they preemptively quote lower rates to begin with.  When the client realizes she might win she will often leave for the bigger firm with the higher contingency rate.  They must be able to get her a better result- they advertise on TV, have 4 offices in the Metro area, all her friends know the firm&#039;s name, and &lt;i&gt;they charge a higher rate&lt;/i&gt;.  The lower rate keeps some clients but, to hear my friends talk, when a case starts to shape up with some real potential a large percentage of clients will leave.

It&#039;s the wierdest thing.  Clients will walk away from the guy offering the lower fee.  Over and over again.  I had to learn that lesson the hard way in my criminal defense practice.  I would quote $200-$300 for a simple case and the client would walk out of my office and go hire the guy who quoted them $800.  Over and over again.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>They don&#8217;t cut rates &#8211; they preemptively quote lower rates to begin with.  When the client realizes she might win she will often leave for the bigger firm with the higher contingency rate.  They must be able to get her a better result- they advertise on TV, have 4 offices in the Metro area, all her friends know the firm&#8217;s name, and <i>they charge a higher rate</i>.  The lower rate keeps some clients but, to hear my friends talk, when a case starts to shape up with some real potential a large percentage of clients will leave.</p>
<p>It&#8217;s the wierdest thing.  Clients will walk away from the guy offering the lower fee.  Over and over again.  I had to learn that lesson the hard way in my criminal defense practice.  I would quote $200-$300 for a simple case and the client would walk out of my office and go hire the guy who quoted them $800.  Over and over again.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4987</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Sun, 08 Jun 2003 14:31:56 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4987</guid>
		<description>&lt;a&gt;&lt;/a&gt;

You weren&#039;t the kibitzer mentioned by Jack, and I didn&#039;t consider your comment a complaint.  I don&#039;t want to get pigeon-holed early in my blawg life, and your blurb was a good opportunity for me to point out my broader interests.  Of course, I will always be taking positions that (I believe) are in the client&#039;s best interests.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>You weren&#8217;t the kibitzer mentioned by Jack, and I didn&#8217;t consider your comment a complaint.  I don&#8217;t want to get pigeon-holed early in my blawg life, and your blurb was a good opportunity for me to point out my broader interests.  Of course, I will always be taking positions that (I believe) are in the client&#8217;s best interests.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6907</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Sun, 08 Jun 2003 14:31:56 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6907</guid>
		<description>&lt;a&gt;&lt;/a&gt;

You weren&#039;t the kibitzer mentioned by Jack, and I didn&#039;t consider your comment a complaint.  I don&#039;t want to get pigeon-holed early in my blawg life, and your blurb was a good opportunity for me to point out my broader interests.  Of course, I will always be taking positions that (I believe) are in the client&#039;s best interests.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>You weren&#8217;t the kibitzer mentioned by Jack, and I didn&#8217;t consider your comment a complaint.  I don&#8217;t want to get pigeon-holed early in my blawg life, and your blurb was a good opportunity for me to point out my broader interests.  Of course, I will always be taking positions that (I believe) are in the client&#8217;s best interests.</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-4986</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 14:08:26 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-4986</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Not complaining - just trying to give people I&#039;m linking thru an idea of what I saw in a quick once over.  If I&#039;d have wanted to say you were single minded I&#039;d probably have compared you to &lt;a href=&quot;http://southernappeal.blogspot.com/&quot;&gt;Southern Appeal&lt;/a&gt; (a site I&#039;ve always liked and read daily and which, of late, has All Pryor, All Day).</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Not complaining &#8211; just trying to give people I&#8217;m linking thru an idea of what I saw in a quick once over.  If I&#8217;d have wanted to say you were single minded I&#8217;d probably have compared you to <a href="http://southernappeal.blogspot.com/">Southern Appeal</a> (a site I&#8217;ve always liked and read daily and which, of late, has All Pryor, All Day).</p>
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		<title>By: ken</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2003/06/07/ftc-opposes-inflated-fees-based-on-face-value-of-coupons/comment-page-1/#comment-6906</link>
		<dc:creator>ken</dc:creator>
		<pubDate>Sun, 08 Jun 2003 14:08:26 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2003/06/07/ftc-opposes-inflated-fees-bas#comment-6906</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Not complaining - just trying to give people I&#039;m linking thru an idea of what I saw in a quick once over.  If I&#039;d have wanted to say you were single minded I&#039;d probably have compared you to &lt;a href=&quot;http://southernappeal.blogspot.com/&quot;&gt;Southern Appeal&lt;/a&gt; (a site I&#039;ve always liked and read daily and which, of late, has All Pryor, All Day).</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Not complaining &#8211; just trying to give people I&#8217;m linking thru an idea of what I saw in a quick once over.  If I&#8217;d have wanted to say you were single minded I&#8217;d probably have compared you to <a href="http://southernappeal.blogspot.com/">Southern Appeal</a> (a site I&#8217;ve always liked and read daily and which, of late, has All Pryor, All Day).</p>
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