| I was shocked to find a recent headline in the New | | | | products liability cases, such as cases against drug |
| York Times business section one morning about the | | | | manufacturers, the expenses can run into the millions. If |
| recent trend among business and insurance lobbyists | | | | a lawyer's ability to be compensated under a |
| to restrict your rights. | | | | contingent fee agreement for assuming this risk is |
| This is yet another chapter in a battle that has been | | | | limited by state legislation, the simple fact is that fewer |
| raging for more than 20 years as national Chamber of | | | | attorneys will be able to handle these types of cases |
| Commerce organizations, multi-national corporations | | | | on a contingency basis - and this is what the business |
| and insurance industry insiders decided that their | | | | interests really are seeking to accomplish. |
| bottom lines would improve if they could somehow | | | | The business lobby hopes that the state legislatures |
| avoid costly lawsuits from people who are seriously | | | | will start restricting the contingency percentage that an |
| injured when their products or actions cause harm. | | | | attorney can charge to the point that it is not |
| Arguably, some states have had a history of wildly | | | | economically viable for a lawyer to take an injury case |
| outrageous jury verdicts - but that was a long time in | | | | on a contingency. |
| the past and certainly not in Colorado. It is also | | | | They say that we can still charge our clients an hourly |
| irrefutable that certain bad elements among the trial | | | | fee to work on the case therefore nobody will be |
| lawyers have tarnished the good work that the rest of | | | | harmed by these types of laws. However, the reality is |
| us try to do on a daily basis. However, the fact is that | | | | that very few accident victims can afford to pay an |
| the insurance industry is trying to push the bar further | | | | hourly fee and certainly cannot do so if they have |
| away from being equal and fair to all parties to the | | | | suffered a catastrophic injury, are facing hundreds of |
| point that small people like you and me will never face | | | | thousands of dollars in medical care and cannot work. |
| a fair playing field in the event we are injured and have | | | | I find it ironic that the business lobby is saying that we |
| to sue a large corporation. | | | | trial attorneys make too much money in a time when |
| The current method of restricting your rights is to try | | | | executive compensation packages at large |
| and push for legislation to limit the amount of attorney's | | | | corporations are going through the roof. It disgusts me |
| fees that us trial lawyers can charge when we take | | | | to think that a CEO of a large company can make |
| on a case on a contingency basis. It is a great | | | | millions of dollars per year and even be entitled to |
| approach. Lets face it, on the surface it sounds like it | | | | million dollar buyout packages when they run their |
| will benefit the accident victims more than anyone else. | | | | companies into the ground. How much do they really |
| However, in reality, serious restrictions in the amount of | | | | care about you and I when they plunder their |
| fees charged by attorneys will severely limit injured | | | | employees' pension funds to support their bad |
| persons' choices when hiring a lawyer. | | | | business decisions yet still collect such exorbitant |
| Accident law is a business. Even us trial lawyers have | | | | salaries? |
| to be able to make a profit on what we do. What | | | | Let me be clear that I, as a personal injury lawyer, |
| makes us trial lawyers unique is the extremely high | | | | certainly do have cases where I am handsomely |
| degree of risk that we have to assume on behalf of | | | | compensated for my time. However, I also have |
| our clients. In nearly all accident cases, a lawyer does | | | | cases where I barely break even, or even lose money. |
| not get paid until and unless he or she gets a recovery | | | | These are the risks I take. If I find I can make more |
| for their client. If there is no recovery, then the attorney | | | | money charging an hourly fee in another area of law - |
| will not be paid for the hundreds or thousands of hours | | | | I will be forced to do it. I, and the other trial attorneys |
| that they can spend working on a complex case. | | | | throughout the country will be fine regardless. The |
| Trial lawyers often spend tens of thousands of dollars | | | | injured people will be the ones left holding the bag and |
| from their own pockets to bring their client's cases to | | | | nothing would make the business and insurance |
| trial. These trial expenses can be tens of thousands of | | | | lobbyists happier. |
| dollars on even a simple auto accident case. In large | | | | |