ABSTRACT

This chapter considers the allegations of a connection between the contingent fee and certain practices which are professionally unethical. The attorney's contingent interest in the claim probably leads to difficulties for the client who wishes to change attorneys. An evaluation of the connection or lack of connection between improper trial tactics and the contingent fee is difficult to make. Although investigations have turned up instances of improper conduct by lawyers with contingent fees. The investigations in New York City and Philadelphia disclosed that lawyers were selective in their acceptance of cases, refusing to accept those in which the chances of recovery were slight. A related criticism concerns the practice of bringing the case in a court of general jurisdiction, thereby crowding its dockets, when the true value of the claim indicates that it should have been filed in a court of limited jurisdiction.