NCJ Number
172988
Journal
Judicature Volume: 81 Issue: 1 Dated: July-August 1997 Pages: 22-29
Date Published
1997
Length
8 pages
Annotation
A recent survey of 511 attorneys who work for contingency fees in Wisconsin gathered information on the screening of potential cases and revealed that contingency-fee attorneys generally turn down at least as many cases as they accept, most often because potential clients do not have a basis for their case.
Abstract
The survey provided the first systematic data on case-screening patterns and practices. Usable responses came from 455 participants. Results revealed that the number of potential clients who contacted the participants or their firms ranged from 1 to 5,000. The number of clients accepted ranged from 0 to 600. Seven participants reported more than 1,000 contacts, for an average of 4 per day. Almost half of the participants reported about two or fewer contacts per month. Overall, the attorneys reported accepting cases from an average of 46 percent and a median of 45 percent of the potential clients who contacted them. Results also revealed differences in the characteristics of low-volume attorneys and high-volume attorneys. Findings indicated that contingency-fee attorneys operate as gatekeepers. The contingency fee structure means that attorneys perform this function largely from economic self-interest; they select a mixture of hourly and contingency-fee cases and make their selections for a variety of reasons to produce a profit across the entire portfolio of cases. Tables and discussion of other forms of gatekeeping