LETTER: Ballot question would cap attorney fees in some cases
I have been a lawyer for close to 70 years and was in private practice for more than 40 years. I have never practiced personal injury law, but I have many friends who did so. As your article on a proposed ballot question to limit attorney fees mentions, a contingent fee lawyer advances all the costs related to the case. There are no charged fees, no retainer fee and no monthly billing of the client. Of course, at the initial phase, the lawyer decides whether to accept the representation.
I believe that contingent fees are proper and the percentage thereof should depend on whether there is a settlement or a trial. Depending on the results of a trial, the lawyer (and client) could get nothing. If the trial goes the other way, I believe that the percentage should be no more than 35 percent upon a successful trial or 25 percent for a settlement. The proposed 20 percent is too low. I also believe that the percentage is a matter of agreement between the client and the lawyer, even though some jurisdictions have placed limits.