9510976 Kritzer Contingent legal fees are a central feature of the American civil justice system. The persistent controversy surrounding them pits those concerned about access to justice, especially for the disadvantaged, the poor, or deprived, against those concerned about excessive litigiousness and its effects on economic costs and productivity. Existing research has focused on the contingent fee at a case level and has focused on the potential conflict of interest that arises between lawyer and client as well as the lawyer's incentives in individual cases. This project will seek to enhance our understanding of the consequences of contingent fees by shifting the focus from the individual case to the contingent fee practice. The empirical research to be conducted, cast in a portfolio theory perspective, will help determine whether conclusions about contingency fees and their consequences should be revised when placed into the actual contexts of contingency fee practices. The research will be based on a survey of, at work observation of, and semi-structured interviews with contingent fee lawyers. This multi-method approach will provide breadth and depth to our understanding of contingent fee practice. %%%% Contingent legal fees are a central feature of the American civil justice system. The persistent controversy surrounding them pits those concerned about access to justice, especially for the disadvantaged, the poor, or deprived, against those concerned about excessive litigiousness and its effects on economic costs and productivity. Existing research has focused on the contingent fee at a case level and has focused on the potential conflict of interest that arises between lawyer and client as well as the lawyer's incentives in individual cases. This project will seek to enhance our understanding of the consequences of contingent fees by shifting the focus from the individual case to the contingent fee practice. The empirical research to be conducted, cast in a portfolio theory perspective, will help determine whether conclusions about contingency fees and their consequences should be revised when placed into the actual contexts of contingency fee practices. The research will be based on a survey of, at work observation of, and semi-structured interviews with contingent fee lawyers. This multi-method approach will provide breadth and depth to our understanding of contingent fee practice. ****
