Contingency Fee

authors: David Axelrad and Lisa Perrochet

Syllabus

A contingent fee is “[a] fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court... Contingent fees are usually calculated as a percentage of the client’s net recovery...”¹ This module examines the use of contingency fee counsel by governmental entities in pursuing civil actions, with an emphasis on public nuisance actions. The inherent problems that arise when governments invest their powers in private contingency fee counsel are magnified in public nuisance litigation, where the remedy is abatement.  Read More »

'''contingent fee'''. A fee charged for a lawyer's services only if the lawsuit is successful or is favorably settled out of court.

(''Black's Law Dictionary'' 8th ed., © 2004 West Publishing)

authors: David Axelrad and Lisa Perrochet

Syllabus

Private attorneys hired to prosecute public nuisance actions must be, and must appear to be, neutral. Nonetheless, government plaintiffs frequently seek to augment their prosecutorial resources by retaining private outside counsel on a contingent fee basis to pursue public nuisance claims. This type of retention gives the government's attorney a financial stake in the outcome of litigation that creates an appearance of impropriety affecting the integrity and neutrality of the government's prosecution.  Read More »