Limiting lawyer commissions

[teancum79]

While watching some TV the other night I was plagued with yet another "call now so we can sue some drug company and keep most of the money ourselves" add.

I've come to the conclusion that a major driving force in medical care cost and thus insurance is the cost of people being sued. I'm all for compensating people who are harmed by the stupidity of others.
What bothers me is that lawyers take a huge chunk (I've heard 50% is typical, but I've not found a source to confirm or deny that) for themselves.

I'm okay with letting a person make a buck, but what bothers me is that I have to pay extra for medical care so some lawyer can make a killing.

Anyhow I was thinking that congress could pass a law that limits the percentage of the awarded damages that a lawyer can take. They would still be free to sue people to their hearts content, but they would not be able to gouge the people they represent as badly.

[Amalcas]

That's an interesting idea, and, I think, worthwhile. Limiting the commission in some form could also factor in as part of a solution to our...overly litigious nature. Cynically, the one problem is that a large number of the members of Congress are, in fact, lawyers. However, it's still worth writing in to your Congresspersons, I think.

[dianaholberg]

An article on the topic: Attorney Fees

If there ever is such regulation, I think it should vary depending of the type of lawsuit. For example, a wife whose husband dies because some company somewhere didn't meet safety standards should be able to retain a better attorney under a contingency fee structure -- else there's practically no way she can win her case against the deep pockets of Corporate America.

[teancum79]

lol, yes the same problem comes from trying to get congress to give themselves a pay cut.

I think that some lawyers are playing to corporate lottery. If you sue enough big shoots for enough millions you only need to win once and you are set for life.

[Amalcas]

That does seem likely; they, most probably, already have enough money to make it through to the end of the case, win or lose, and the pay-off is certainly worth the odds.