Publication Date

Summer 2004

Journal

Regulation

Abstract

The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.

Volume

27

Issue

2

First Page

30

Last Page

37

Disciplines

Health Law and Policy | Land Use Law | Law | Legal Profession | Medical Jurisprudence | Torts

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