In the Florida settlement, the court threw out the contingency fee arrangement, which it found to be clearly excessive under the circumstances. This shows that the State courts are best equipped to address this issue by utilizing the…
Orrin Hatch
The Public Record
Orrin Hatch was a prominent American attorney and politician who served as a United States Senator from Utah from 1977 to 2019. A member of the Republican Party, Hatch was known for his extensive work on a variety of issues, including healthcare, tax reform, and intellectual property rights. Throughout his tenure, he played a significant role in shaping legislation and was involved in numerous bipartisan efforts.
I had to agree with him. I thought he was worth every penny he made, whether you agree or disagree. What about entertainers? Do we set an amount of money they can make?
When I tried cases for plaintiffs on contingency fees, I won most all of them. It was not a matter of not getting paid, because I was always able to win a bigger verdict than I could have gotten through settlement or they could have gotten…
If Michael Jordan wants to make $60 or $80 million a year, or Tiger Woods, who is earning millions of dollars a year, should Congress be setting their salary?
Let me ask one other question. I admire some of the top corporate leaders in the world as well as the top sports figures in the world.
Don't you think they deserve better than average compensation for that significant accomplishment?
I have been there, and I have to say, when we start setting salaries for attorneys, or any other group of people, that is going to be the end of the free market system, as far as I am concerned.
It is very unlikely that anybody is going to get away with some big windfall under the provisions that apply in this bill and, I might add, in the substitute that we have worked on as well.
In addition, the regulation of attorneys' fees properly, at least as I view it, belong in the domain of the States, and such usurpation of State prerogatives may very well violate the Tenth Amendment in the eyes of many constitutional…
Well, let me ask the distinguished Senator this: It seems to me we must also examine the precedent we are setting here in having the U.S. Congress single out any one profession by capping their earnings.
My point is, that is why contingent fees are so important. A lot of the people who came to me could in no way have spent a day in court without a contingency fee lawyer who was willing to take the risk of bringing their case before a jury…
Under any view of federalism, there is no justification for Congress, whatsoever, entering an area of pure State jurisdiction, altering the rights and the liabilities or remedies of private parties, and then dispensing with all due process…
If Congress, as it would be doing here, at least as I understand the intent of this amendment, were to interfere retroactively with private contracts, it would be unconstitutional for a variety of reasons; isn't that right?
Isn't it also true a contract between a plaintiff and his attorney is a legally enforceable contract, which Congress should not impair?
Recent court opinions, if my colleague would permit me to ask another question, such as New York v. United States or Printz v. United States has made the Tenth Amendment a shield against Federal impositions on the sovereign authority of…
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