Open AccessTaking a Chance: A Proposal for Contingency Fees
Author(s) -
Kate Tokeley
Publication year - 1998
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v28i1.6079
Subject(s) - contingency , plaintiff , enforcement , contingency plan , economic justice , project commissioning , law and economics , business , public relations , law , economics , public economics , political science , publishing , management , philosophy , linguistics
Contingency fees are a regular feature of litigation in some jurisdictions and with the increasing cost of litigating there is pressure for their acceptance in New Zealand. In this article Kate Tokeley concludes that contingency fees are an effective and ethical way to increase access to justice, particularly for indigent plaintiffs. She argues that, provided comprehensive guidelines are established, then the social advantage of using contingency fees outweighs any potential dangers. An outline of the rules and guidelines are proposed, as are enforcement mechanisms.