Monday, July 25, 2011
Here's the fifth installment from Bobby Click, Recent Law Review Articles Concerning the Legal Profession, 35 J. Legal Prof. 173 (2010). Part 1 of this biblio can be found here, Part 2 here, Part 3, here and Part 4, here.
5. Attorney's Fees
Matthew Albanese, Reasonably Untimely: The Difficulty of Knowing When to File a Claim for Attorney Fees in Social Security Disability Cases, and an Administrative Solution, 78 GEO. WASH. L. REV. 1014 (2010).
Victoria L. Collier & Drew Early, Cracks in the Armor: Due Process, Attorney's Fees, and the Department of Veteran Affairs, 18 ELDER L.J. 1 (2010).
Adam Shajnfeld, A Critical Survey of the Law, Ethics, and Economics of Attorney Contingent Fee Arrangements, 54 N.Y.L. SCH. L. REV. 773 (2010). This article offers a comprehensive overview of contingency fee arrangements. Including a discussion of the historical development of the arrangements, justifications for the arrangements, rules governing arrangements, and various proposals of reform. [*182]
Stephen E. Friedman, Giving Unconscionability More Muscle: Attorney's Fees a Remedy for Contractual Overreaching, 44 GA. L. REV. 317 (2010). This article focuses on contractual unconscionability. Specifically, the author contends there are inadequate remedies available for victims of contractual unconscionability. The author also suggests giving the courts the ability to award attorney fees in situations of contractual unconscionability to help prevent it in the future.
Brett E. Heyman, Administrative Law - Government Agency Withholding Information, Reimbursing Attorney Fees - Davy v. Central Intelligence Agency, F.3d 1155 (D.C. Cir. 2008), 43 SUFFOLK U. L. REV. 501 (2010).
Philip Talmadge, Emmelyn Hart-Biberfeld & Peter Lohnes, When Counsel Screws Up: The Imposition and Calculation of Attorney Fees as Sanctions, 33 SEATTLE U. L. REV. 437 (2010).
Eyal Zamir & Ilana Ritov, Revisiting the Debate over Attorney's Contingent Fees: A Behavioral Analysis, 39 J. LEGAL STUD. 245 (2010). This article presents a series of experiments that were designed to reveal people's preferences regarding attorneys' fees.