Contingency fees are arguably designed to increase lawsuits; or more accurately, they are designed to increase access to legal representation for those without resources, or whose resources are disproportionate to their legal opponent, which can increase the number of lawsuits.
The Most Common Cases that Do Not Operate on Contingency Fees Criminal defense cases. Divorce attorneys. Family law attorneys. Domestic relations cases. Business-related cases. Contracts and closings.
While contingency fees can be beneficial in the short term, one of the major downsides is that lawyers often take a substantial percentage of the settlement or award. This percentage typically ranges from 25% to 40%, and in some cases, it can go higher if the case is particularly complicated or high-risk.
Retainer agreements (also referred to as representation agreements) are a type of compensation agreement with lawyers either for reserving their employment or as compensation for future services. Also inside the agreement are details on the scope and procedure for the representation.
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.
A settlement can take anywhere from a few weeks to over five years to close. Straightforward personal injury cases, like a car accident lawsuit from a rear-end collision, are more likely to resolve quickly. A medical malpractice case is more likely to take several years.
The average contingency rate falls between 20-40%, with most lawyers charging around 33% to 35% of the total amount recovered in a case. The exact percentage can vary depending on the complexity of the case, the lawyer's experience, and the stage at which the case is resolved.