Publication Date

Fall 1991

Journal

Journal of Criminal Law and Criminology

Abstract

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

Volume

82

Issue

3

First Page

498

Last Page

546

Publisher

Northwestern Pritzker School of Law

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Law | Legal Ethics and Professional Responsibility | Legal Profession

Download

Share

COinS