Law Professor Questions Whether Contingency Fees Benefit Clients

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Media Mention

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Source Publication

Financial Post



“As things stand now and as a result of the research done for this study, it cannot be reported that the present scheme in regard to CFAs is operating to protect and advance the interests of clients in their dealings with lawyers,” Hutchinson concludes.

As a general proposition, Hutchinson says he thinks contingency fees are an excellent way to ensure those without the financial means can retain a lawyer and see justice in court. Yet in practice, he said his case law review suggests that contingency fee arrangements provide more of a payday to lawyers than their clients.

“While lawyers are fully entitled to receive fair and reasonable fees for services rendered, there is suggestive evidence that lawyers are cashing in on the opportunities for enhancing their fees afforded by CFAs,” he concludes.