The Contingency Fee: An Editorial by Carolyn Burns

Recently, I was in a courtroom in the Queens Supreme Courthouse, Jamaica, NY when I heard a court clerk ask a woman who was sitting in the courtroom if she had an attorney. She responded that she couldn't afford one. I realized immediately that she was not a party to a personal injury law suit. Everyone in the United States "can afford" a personal injury attorney and that is because of the benefit of the contingency fee!

The contingent fee arrangement allows all Americans, regardless of social or financial background, to bring a valid claim against any corporation or individual, no matter how powerful. Anyone who is injured as a result of a fall, motor vehicle accident, medical malpractice or a faulty product may retain Sanders, Sanders & Bloc,, P.C. to represent him or her on a contingency fee basis. If the incident causing the injury happened due to the negligence of another individual or corporation, the client will have legal representation up to the moment of judgment, settlement or verdict, at which time the attorney is entitled a percent of the amount of settlement or trial award, usually one-third.

Before a case reaches the point of trial jury selection, attorneys; spend numerous hours in courtrooms scheduling hearings and physical exams, and attending conferences with Judges and opponents. Our readers who have had EBT's in their own cases know the hours spent in waiting for opponents, preparing for testifying and giving testimony. Imagine if the personal injury plaintiff had to pay an hourly fee for these services. Such a situation would virtually eliminate the right of the low and middle class to have their day in court.

What our readers should be aware of is that corporations and insurance companies are waging a continual war on the contingency fee since it has been in existence. Unfortunately, in recent years, the clamor and cry about malpractice and insurance crises have elicited growing support for the elimination of contingency practice in our society.

Within the last few months, barely a week goes by without a report that many of our Federal leaders and representatives from all political parties and ideologies support "tort reform" in new Federal policies. However, "tort reform" generally entails only depriving you of the right to a lawyer who will work for you on a contingency basis, and therefore will result in depriving you of access to the courts and justice. As informed legal consumers, our clients should speak out in favor of the contingency fee at every opportunity.

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