Illinois Contract to Employ Attorney on a Contingent Fee Basis
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How to fill out Contract To Employ Attorney On A Contingent Fee Basis?
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FAQ
The percentage of the lawyer's contingency fee varies from state-to-state and depending on the type of case and facts. Typically in Illinois attorneys charge between 1/3 to 40% of the total amount they recover for you.
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.
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.
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.
Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.
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.
However, Model Rule 1.5(d) prohibits contingency fee agreements for domestic relations matters?such as divorce cases?and for the representation of a defendant in a criminal case. Most states, including California and New York, have adopted such prohibitions on contingent fees.