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Getting Familiar With The Contingency Fee Arrangement For Injury Lawsuits
About The Author contact
Frank Muher
Baltimore, MD
Practice Areas: Auto Accident, Brain Injury, Head and Spinal Cord Injury, Motorcycle Accident, Personal Injury, Workers Compensation
Other Articles by the Author
Whether you like it or not, most of the time, your lawyer will expect some pay for his/her services. However, how you construct your fee agreement with your lawyer can vary considerably. While you may be acquainted with the billable hour fee contract, the purpose of this write-up is to expose you to the contingency fee.
Generally, a contingent or contingency fee is a way of constructing payment to your legal representative where the fee is only payable in the event that there is a favorable consequence achieved. In other words, it's a legal fee charged for an attorney's work only if the suit is successful or is favorably settled.
In their most standard form, contingent fees are generally calculated as a percentage of the client's total compensation after costs.
This fee system provides a number of advantages. On the one hand, it makes it a lot easier for the poor and financially disadvantaged to access the civil justice system and to pursue their rights, since otherwise, in order to sue someone, one would first have to have access to money to pay for legal representation. Furthermore, it aligns the legal professional's incentives with those of his/her client's. The attorney, "doesn't get paid unless they win."
In the United States, the maximum percentage that a lawyer may permissibility accept under a contingent fee agreement is generally set by law, rule, or regulation. This percentage may vary from state to state.
Not surprisingly, most legal representatives in a given area will enter into contingency agreements for the maximum permissible percentage.
Fee arrangement is definitely a subject you will want to discuss during your initial consultation with your prospective lawyer. While contingent fee arrangements may seem attractive from the client's perspective, you should inquire as to all the potential agreements available to you so that you can make an informed choice.
It is also worth noting that contingency agreements aren't available in all legal matters. In fact, there are some types of cases in which contingent fee agreements aren't permissible by law. These matters generally include the areas of criminal defense and some family legal matters like divorce.
