oa De Rebus - Contingency fees



With the notable exception of the United States of America the contingency fee system is regarded as reprehensible in most common law countries. In fact, until I968 maintenance and champerty were crimes in England. They were only abolished as crimes and torts (for everyone except lawyers) by the Criminal Law Act of 1967. In South Africa it is, of course, also illegal for an attorney to provide funds for litigation or to conduct litigation without charge, in consideration of a share of the proceeds.


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