In what circumstances will a plaintiff be able to request a contingent fee for attorney's fees?

MultiRegion, United States of America

The following excerpt is from Wells v. Sullivan, 907 F.2d 367 (2nd Cir. 1990):

This approach also relieves the courts, which "are sometimes spending almost as much time reviewing and setting fees as they are in dealing with the merits of the benefits determination." Rodriguez, 865 F.2d at 746; see also Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983) ("A request for attorney's fees should not result in a second major litigation."). In each case where the contingent fee is found to be reasonable, based on a general assessment of the fee in relation to the nature of the litigation, the need for complicated lodestar calculations, expert evidence, and protracted litigation vanishes.

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