Contingency Fee Agreement Study
- January 19, 2017
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Professor Allan Hutchinson recently released “A Study of the Costs of Legal Services in Personal Injury Litigation in Ontario” (link). Prof. Hutchinson examines the use of contingency retainers and evaluates the benefit of such agreements. If you don’t have time to read the full report, this article summarizes the report here (link).
Professor Hutchinson recognizes the limits of the conclusions based on the sample he used. It appears that the cases he reviewed only cover those where the plaintiff recovered some monetary damages. This means that the conclusions are not able to comment on the impact of cases lost without any remuneration for the lawyer. Additional research involving such instances may demonstrate that contingency agreements are a good deal if a client has a bad or high-risk case but are not a good deal if the client has a good case.