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Hello: My name is ***** ***** I am an attorney. Most contingency fee agreements give the lawyer a percentage of between 33 and 40 percent. So 40% is at the high end. In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award.
If the contingency fee lawyer wins the case for their client, they will receive payment. If they are not successful, the client pays nothing. Typically, the attorney's fee is calculated by taking the dollar amount recovered by the attorney and multiplying it by a specific, predetermined percentage.
A typical contingency fee percentage is anywhere from 30 to 40% of your recovery. Your contingency fee agreement will set out the exact percentage. These percentages are often staggered so that your lawyer will get a higher percentage if the case goes to trial ? which requires more time and work for their law firm.
A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more.
Critics of contingency fees assert that contingency fees: (1) encourage too many frivolous suits; (2) incentivize contingent fee lawyers to settle too soon and for too little; and that (3) contingent fees are usually too high relative to the risks that attorneys bear in a particular case.
Most personal injury lawyers in California take between 33 to 40 percent of each settlement or award they win, but can go as high as 50 percent depending on the complexity of the case. This reflects cases taken on a ?contingency fee? basis.
In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to 40 percent) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.