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 traditional objections to contingency fees are the employment of unethical concur to win cases and that these fees stir up litigation unnecessarily, however, the most modern limitations are prohibitions on the use of contingency fees in criminal litigation, divorce/marital/separation cases, the percentage of the ...
Contingent fees create an undue emphasis on the extent of the plaintiff's damages, and they encourage the filing and prosecution of cases with large damages but little negligence. Take the case of parents who come to the attorney's office with a brain-damaged child requiring custodial care.