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A contingent fee, or contingency fee, is an attorney fee that is made contingent on the outcome of a case. A typical contingent fee in a tort case is normally one third to forty percent of the recovery, but the attorney does not recover a fee unless money is recovered for the client. States prohibit contingent fees in certain types of cases.
For example, in the U.S. a contingency fee is based on the contractual agreement between the attorney and the party. The fee is calculated as a share of the eventual damage judgment or settlement obtained by the client. The percentage allowable as a contingency fee is subject to the ethical rules of professional conduct that require legal fees ...
The firm maintains a civil law division representing plaintiffs who have suffered a personal injury due to the negligence or wrongful conduct of others. The firm handles products liability, medical malpractice, mass torts, pharmaceutical litigation, and premises liability. [2]
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Doctors' groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975. [26]
This is an accepted version of this page This is the latest accepted revision, reviewed on 6 February 2025. Lawyer with a special focus See also: Personal injury The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as ...
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
The negligent act is called legal malpractice and the insuring contract is called lawyers professional liability insurance. or LPL [3] Malpractice coverage is very important to attorneys because a bad case can produce a lot of bad publicity that can significantly harm a law firm's reputation. Nearly all LPL policies are claims made.
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