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.
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 it can be unethical for a lawyer to accept a settlement without your permission, it is not illegal. If it happens, it may be worth consulting with another lawyer about whether you have a legal malpractice claim if you think your case was settled inappropriately.