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It's also a plus because in many cases, the plaintiff can't afford a lawyer unless the case is won. This also provides an incentive to the attorney to do the best work that they can, otherwise they miss out on payment.
A contingent fee agreement is a legal agreement that allows you to hire a lawyer for your case without having to pay any out-of-pocket upfront fees unlike a retainer fee. The lawyer getting payment is contingent on you winning your case. If you do not win your case, you don't have to pay your contingency lawyer.
A contingency fee is one way that an attorney can charge for legal services. Contingency fees are not permitted in all types of cases. However, the Georgia Rules of Professional Conduct permit attorneys to charge clients for personal injury cases on a contingent fee basis.
If you work for someone on a contingency basis, you agree that you will only be paid if you achieve a particular aim, for example, getting a successful result in a court of law: In personal injury cases many attorneys work on a contingency basis, so you will not have to pay them a fee up front.
That said, the most common lawyer contingency fee average ends up being 33%, or ? of the total earnings of a case, but can go up to 40% (in some jurisdictions) as the complexity and risk involved in taking the case increases.
Retainer fees cover future expenses for some duration before paying the final invoice because clients provide funds upfront. Like any contract clause, a retainer fee clause can protect you from not getting paid. Contracts spell out the obligations of the parties so there are clear expectations.
Nothing is guaranteed. When a lawyer is paid on a contingency basis, he shares that risk with you. He doesn't get paid unless you do. In addition, he gets paid more if you get paid more. This gives him more incentive to work harder and achieve a favorable outcome for your case.
Lawyers can charge a contingency fee in any matter except for family law, Criminal Code (Canada), or any other criminal or quasi-criminal matters.