f/k/a . . .

April 1, 2005

ATLA Condemns Standard Contingency Fee

Filed under: pre-06-2006 — David Giacalone @ 11:48 pm

                                                                                                - an April 1st dream by Prof. Yabut -

 

In a press release made available late this evening (April 1, 2005), the American Tort

Lawyers Association announced the adoption of new ethical standards that should

mean the end of the Standard Contingency Fee among its members.    The press

release explained:


Jack Cliente, ATLA’s consumer rights ombudsman, said “We’re tired of

being known as the “At-Least-a-Third Law Association.”  A small but

committed group of members were able to convince their colleagues that their

ethical duties were inconsistent with the automatic application of a “standard”

percentage fee.

one third gray  Cliente explained that the percentage fee charged should reflect how likely the client is 

to win, how much money is likely to be rewarded and collected, and how much work and expense

the lawyer is likely to put into the case.  At the press conference, Cliente frequently quoted

trial lawyer and former Florida Bar president  Rutledge R. Liles. For example:


“While it is easy to defend the philosophy of the contingent fee, it is impossible

to defend its abuses.  . . . It has been accurately said, in justification of the contingent

fee, that it is the ‘poor man’s key to the courthouse.’ Professionalism, however,

demands that we be ever mindful that keys are made of brass — not solid gold.”

As of today, April 1, 2005, all ATLA members must give to each client, and thoroughly


lawyer and client must sign.  At the core of the Bill of Rights is the requirement that a

lawyer take a list of enumerated factors into account in evaluating each client’s case, and

discuss each factor with the prospective client, before they negotiate and agree upon

the percentage fee to be charged in a contingency fee agreement.  Cliente noted that this

position (although now mostly “honored in the breach”) is the profession’s traditional

approach to the use of contingency fees.  





    • Your editor believes the new ATLA requirements are a great start

      toward fulfilling the admonition in ABA Ethics Opinion 94-389 that

      “any lapse from the applicable requirements by some members of the

      profession simply suggests that the profession should redouble its

      efforts to assure that the ethical obligations associated with entering

      into a contingent fee arrangement are fully understood and observed.”

The Bill of Rights appears to draw heavily on the requirements set forth in ABA Formal   complaint billFN

Ethics Opinion 94-389, while also using concepts found in Rule 4-1.5 of Florida’s Bar Code

and in the Bill of Rights that appeared in HALT’s The Legal Reformer (Dec. 1997).  [Ethics

Opinion 94-389 is not available online without a subscription, but is discussed here.]  Cliente

stressed that ATLA is not affiliated with another bar group using the same acronym, which

has yet to condemn standard contingency fees, although it has publically asserted — when

faced with reform proposals — that such fees should vary depending on the riskiness and

complexity of the individual case.

 

Editor emeritus of this weblog, ethicalEsq, was certain the Press Release must be an

April Fool’s joke, but ombudsman Cliente has assured us that the entire leadership of

his organization is now strongly behind the reform measure.   skepticalEsq concluded

ATLA had discovered plans to clone Judge Preska and put her in charge of regulating

contingency fees.  [for more, see ethicalEsq posts such as here and here]

 

 









into the snake’s hole

oh foolish

mouse

 

 


translated by David G. Lanoue        

No Comments »

No comments yet.

RSS feed for comments on this post. TrackBack URL

Leave a comment

Powered by WordPress

Protected by AkismetBlog with WordPress