Abstract
With adoption of a risk enhanced hourly fee, as additional hours are devoted to settlement or to trial preparation, the attorney makes the marginal calculations based on opportunity costs (adjusted for risk and expected marginal productivity of those efforts). The costs incurred by the attorney pass through to the client, and the attorney's incentive to avoid devoting time to the case, based on a set of incentives different from those operating on the client, is removed. Such an arrangement is efficient and avoids a conflict of interest between the attorney and the client. More importantly, it is fair both to the attorney and to the client because it fully compensates the attorney both for work and for risk, but does not overcompensate the attorney at the expense of the client.
DOI
https://doi.org/10.63140/sc6jdvxwgq
Recommended Citation
See, Harold
(1984)
"An Alternative to the Contingent Fee,"
Utah Law Review: Vol. 1984:
No.
3, Article 2.
DOI: https://doi.org/10.63140/sc6jdvxwgq
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss3/2