For whom the bill tolls: quantity, not quality becomes the goal when hourly fees prevail
Article Abstract:
Hourly billing by lawyers contributes strongly to the problem of too many lawyers and too much litigation. It rewards makework, and builds on the attitude inculcated in law school that there is always more work to be done on a given question or issue. True legal value cannot be measured in terms of hours worked, only in sound results. Thus the contingent fees many plaintiff's lawyers charge reward effective lawyering, while the hourly fees for defense counsel encourage complex, extended litigation.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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Paying for ADR; to make it work, we have to provide funds for it
Article Abstract:
While alternative dispute resolution (ADR) grows in popularity, its future is jeopardized by a lack of funding. Many jurisdiction use volunteers or ask the litigants to pay the neutrals. Some jurisdictions fund ADR through surcharges on court filing fees. In order to ensure ADR's institutionalization as a viable alternative, some consistent form of public financing must be found.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Truth in billing; attorneys are paying the price for inflating fee statements
Article Abstract:
Attorneys who inflate their bills are guilty of an ethical violation and a possible criminal offense, and ABA Model Rule of Professional Conduct 1.5 and Ethical Consideration 2-17 speak to this issue. While some practices may fall into a gray area, billing for costs as if they were fees and double billing are clearly unethical.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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