I think that they currently can’t write off expenses as they occur. The new gimme would allow them to charge whatever they want for hourly fees and write them off as losses and then get the big payoff when they settle the case, reducing their tax bill.
I think this is what it is.
Oh OK, I saw ‘expenses’ and thought, you know, expenses, like real ones. Letting them deduct the value of their labor on a contingency case (essentially a speculative project) is bs. Would be like letting a salesman deduct the value of his time and claim it as a loss to offset commissions.
That would also lessen any disincentive to filing marginal cases, and a more litigious society is something we do not need.