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Lawyers Use Barter In Contingency-Fee Cases

May 29th, 2008 · by Bob Meyer · No Comments

Driven by pressure to boost profits, some of the nation’s top corporate law firms are crossing over to what some attorney’s call the “dark side.”

The dark side is also known as taking a case on a contingency-fee basis. In essence the law firm will cover the legal costs upfront. Then if its clients win, the firm gets a percentage of the potentially huge judgment.

This way of operating for law firms started years ago. Back in the late 80s we reported on the Texaco-Pennzoil case where Texas attorney Joseph Jamail prevailed in such a contingency-fee barter deal when he represented Pennzoil. When Pennzoil was victorious Jamail’s law firm pocketed $420 million of the $3 billion award.

Recently in the Exxon Valdez oil spill a federal appeals court awarded the Valdez plaintiffs (3,000 Alaskan fisherman) $2.5 billion in punitive damages, which could yield nearly $900 million in contingencies fees for the law firms representing the fisherman.

So while some attorney’s dislike contingency fee barter arrangements, equating them to a riverboat gamblers mentality, the fact is more corporate defenders are taking on such work.

What do you think?

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