Almost every plaintiff attorney at some point has been approached by their client and asked if they will reduce their fee from the amount stated in the retainer. The reasons for such requests cover the entire spectrum. Clients will complain that the case settled so quickly and therefore the large fee is not justified for so little work…….the expert fees and other costs incurred are unreasonable…….the liens were not properly negotiated…….the case dragged on for so long, the large fee is not justified for making the client wait so long for their recovery. Much of the impetus comes from the supporters of tort-reform who have never met a plaintiff’s lawyer they like. Despite the irrational logic behind agreeing to such a request, almost every plaintiff attorney has agreed at some time to reduce their fee. Should plaintiff attorneys continue to do so, or is this a bad precedent to set? That is a personal decision for each attorney when the situation arises. But one thing plaintiff attorneys will not do is to ask their clients to reimburse them for the costs incurred and some portion of the attorney’s time when a case is unsuccessful. That’s what separates plaintiff attorneys from defense attorneys.
Take a look at the top 50 law firms in the United States and tell me which one of these will represent your uncle who was exposed to toxic fumes at his workplace, or your brother that had a heart attack and died from a pharmaceutical product? The answer is none will, because they are representing the defendants and being generously compensated for their time and efforts. Plaintiff attorneys represent people that cannot afford an attorney through contingency fee arrangements which are closely monitored by the state rules of professional responsibility.
When clients complain and the tort-reform critics jump onboard, there is no consideration given to the inherent risk undertaken by the plaintiff attorney in this type of arrangement. If the plaintiff prevails the plaintiff attorney gets paid. But sometimes (unfortunately) the plaintiff loses and nobody gets paid. Well not exactly, because the defense attorneys always get paid, win or lose. Whether it was a toxic tort, pharmaceutical, rollover, or tobacco plaintiff verdict, the defense always got paid for losing! Yet, somehow plaintiff attorneys are expected to reduce their hard earned fees when they prevail.
There are no plaintiff firms listed among the top earners in this country, but apparently the way to break into the top 50, (top 3 actually), is to find some gullible client that will pay you almost $19 million in six months, to lose.
