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Fee Arrangements and Negotiation

Published online by Cambridge University Press:  01 July 2024

Herbert M. Kritzer
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Abstract

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This research note examines the relationship between fee arrangements and negotiation in civil litigation. Data collected by the Civil Litigation Research Project suggests a strong tendency for lawyers working on a contingent fee basis to focus their negotiation on monetary goals. While this finding should not be surprising, it has significant implications for recent discussions of negotiation and settlement.

Type
Research Notes
Information
Law & Society Review , Volume 21 , Issue 2 , 1987 , pp. 341 - 348
Copyright
Copyright © 1987 The Law and Society Association.

Footnotes

This is the revised portion of a paper that was presented at the Conference on Frontiers of Research on Civil Litigation, Institute of Legal Studies, University of Wisconsin Law School, Madison, September 20, 1985; sections of this paper were also presented at the Workshop for Researchers Studying Judicial Promotion of Settlements, American Bar Foundation, Chicago, November 7–8, 1985. The research was supported by NSF Grant No. SES-8320129; the collection of the data was funded by United States Department of Justice Contract JAOIA-79-0040 and National Institute of Justice Contract J-LEAA-00382, with supplemental support from the University of Wisconsin Graduate School and the University of Wisconsin Law School.

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