Are Contingency Fees Competitive? New Paper Says No, but Caps Are No Cure
Document Type
News Article
Publication Date
5-8-2026
Source Publication Abbreviation
Stanford Law School Blogs
Abstract
This article discusses research finding that the personal injury contingency-fee market is neither fully competitive nor efficient because consumers lack clear fee and performance information. While acknowledging market shortcomings, the authors argue that statutory fee caps are counterproductive and regressive, advocating greater transparency through standardized disclosure and closing-statement requirements instead.
Recommended Citation
Freeman Engstrom, Nora and Holland-Stergar, Brianne, "Are Contingency Fees Competitive? New Paper Says No, but Caps Are No Cure" (2026). Faculty Journal Articles & Other Writings. 179.
https://scholarworks.umt.edu/faculty_barjournals/179