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Originally Posted by Sportsfanx1
I've worked for both the insurance defense side and the plaintiffs' side. I always found it a little more fair when you risk share. On the plaintiffs' side, you only get paid if you win (or settle). On the insurance defense side, you get paid regardless whether you win, lose, do good work or crappy work.
So yes, when the plaintiffs lose, the plaintiffs' attorneys work for free.
Not all civil PI work is contingency. I know many plaintiff's attorneys who require fees/retainer up front and continue to bill as the work progresses. If they prevail, fees are recoverable and the client is entitled to recoup what has been paid.
If you are hiring for defense/respondent work, if you don't like their fee structure outlined in the Legal Services Agreement, then go elsewhere.
I much prefer the niche of criminal defense that I am in since we get all of our fee up front and are not billing against retainers. Some cases resolve with very little work and others (the majority of the work) are more like 40-60 hours of total time, counting travel to meet with clients.