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Prof. Joe Grundfest and attorney Joel Fleming on Delaware contingency fees

Shareholder Primacy

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Navigating Contingency Fees in Litigation

This chapter explores the structure and implications of contingency fee arrangements in legal cases, particularly focusing on how these fees can influence lawyers' behavior and case outcomes. It critically examines the balance between attorney compensation and the interests of clients, highlighting the potential for lawyers to prolong litigation for greater fees. By contrasting Delaware practices with federal court approaches, the discussion calls for a more analytical method in determining attorney fees that benefits both plaintiffs and the judicial system.

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