When I was in private practice, in 1983, the rates established by the PA Bar Association were 25% for cases settled out of court, and 33% for cases won at trial. The client had to foot the bill for expenses - investigators, expert witnesses, etc. Now the going rate is 33% for settled cases, 95% don't go to trial, as much as 40% for trial. Hourly fees are the domain of the defense bar. Investors front the expense money for support services for plaintiffs in exchange for a cut of the action. Another twist I found interesting back in the day, was that the lawyer's percentage went down as the settlement amount went up. My boss at the time had a $400,000 case he settled, and netted 10%. Those days are long gone, and this has not made things better for the general public. I worked for the other side in my corporate life, and the amount of money that we paid in extortion for frivolous cases was nauseating. The American public is justified in holding the plaintiff's bar in low esteem, but if someone messes you up, you will want one of the good ones in your corner. Meanwhile, we all pay for the imperfect system. But not a fan of tort reform - proposed solutions would leave you in a bad place if you get seriously messed up. No simple answers to this mess.
