A survey conducted by Public Opinion Strategies in July found that 86% of Nevada respondents believe plaintiffs should be entitled to take home 80% of their court award or settlement. The survey focused on a proposed ballot initiative in Nevada that would limit attorney contingency fees to 20%, meaning the plaintiffs would receive 80% of their winnings.
The ballot initiative aims to revise Title 1, Chapter 7 of the Nevada Revised Statutes. It proposes adding a section stating: "For causes of action arising after January 1, 2027, an attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in a civil case in excess of twenty percent of the amount of recovery," according to the initiative. The 20% cap would apply to "all forms of recovery, including, without limitation, settlement, arbitration and judgment."
According to De Castroverde Law Group, attorneys in Nevada typically charge contingency fees between 30% and 40%, meaning the lawyer will take 30-40% of any money that a client is awarded in a lawsuit.
Public Opinion’s survey found that 86% of respondents were "convinced" by the argument that the contingency fee cap "ensures that more money goes directly to the victims. People involved in a serious accident should be entitled to eighty percent (80%) of what they win in court. Some lawyers currently take up to half of all settlements and awards, leaving victims with barely enough money to cover the costs of their injuries or to pay their bills if they are unable to work."
On May 10, Carson City District Court Judge James Russell dismissed arguments against the ballot initiative, ruling that it meets Nevada’s requirements. Russell said the initiative meets the state’s requirements that ballot initiatives can only focus on one subject, provides the full text of the proposed measure, and its description of the effects the 20% cap would have is legally adequate.
Public Opinion Strategies conducts research and surveys pertaining to politics and public affairs, according to the firm’s website.