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Not all tort reform supporters support all proposed tort reforms. For example, there is a split over whether the collateral source doctrine should be abolished, and there is a healthy debate over whether it would be beneficial to further restrict the ability of attorneys to charge contingent fees. [83]
Contingency fees also provide a powerful motivation to the attorney to work diligently on the client's case. In other types of litigation where clients pay the attorney by the hour for their time, it makes little economic difference to the attorney whether the client has a successful outcome to the litigation.
A contingent fee, or contingency fee, is an attorney fee that is made contingent on the outcome of a case. A typical contingent fee in a tort case is normally one third to forty percent of the recovery, but the attorney does not recover a fee unless money is recovered for the client. States prohibit contingent fees in certain types of cases.
Under a contingent fee arrangement, the attorney for the plaintiff faces no consequences, other than lost time and effort, for bringing a suit that loses, but he can collect huge fees (typically 30% to 40% of the damages awarded) if he wins.
In 2018, Harder represented Trump in a defamation lawsuit filed by Stormy Daniels (real name Stephanie Clifford). On October 15, 2018, the U.S. District Court granted an anti-SLAPP motion filed by Harder, dismissing the lawsuit with prejudice and awarding Trump reimbursement of his attorneys fees against Stormy Daniels. [27]
Rudy Giuliani’s lawyers have abruptly quit representing him in his defamation case after attorneys for the women he defamed accused the disgraced former New York City mayor of hiding property ...
Rudy Giuliani has failed to comply with a judge’s order to provide information to the attorneys of two Georgia election workers so they can collect fees in a defamation case, the attorneys allege.
The text of 42 U.S.C. § 1988(b) are as follows: "(b) Attorney’s fees In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318, the Religious Freedom Restoration Act of 1993, the Religious Land Use and Institutionalized Persons Act of 2000, title VI of the Civil Rights Act of 1964, or section 12361 ...