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15 - The Impacts of Substantial Increases in Tort Lawyers' Effective Hourly Rates

Published online by Cambridge University Press:  05 June 2012

Lester Brickman
Affiliation:
Benjamin N. Cardozo School of Law
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Summary

IN THIS CHAPTER, I LAY BARE THE RELATIONSHIP BETWEEN the increased profitability of contingency fees and increases in the frequency of tort litigation. The greater the flow of capital to lawyers from their portfolios of cases, the greater their ability to invest in expansion of the tort system. Moreover, increased profits also result in increases in tort claim valuation. To demonstrate, I examine the ways that lawyers have driven up medical expenses and noneconomic damages (pain and suffering) in order to increase their contingency fees. Nowhere is the effect of inordinately high contingency fee profits more evident than in claims of soft-tissue injury (mostly caused by auto accidents). The leading soft-tissue claim is whiplash – a syndrome caused when the head snaps forward in an auto accident. In Appendix K, I examine the empirical evidence that whiplash is not a medical event but rather a function of contingency fees and the compensation system they generate.

The Relationship between Effective Hourly Rates and the Frequency of Tort Claims

As lawyers' contingency fee profits increase, the volume of tort litigation also increases. This relationship is the basis for federal fee-shifting statutes in such areas as consumer credit, copyright, antitrust, securities, the environment, and especially civil rights.

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Chapter
Information
Lawyer Barons
What Their Contingency Fees Really Cost America
, pp. 263 - 288
Publisher: Cambridge University Press
Print publication year: 2011

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