Illinois Contract to Employ Attorney on a Contingent Fee Basis with Retainer
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How to fill out Contract To Employ Attorney On A Contingent Fee Basis With Retainer?
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FAQ
As explained in Understanding Retainers and Flat Fees, general retainers are paid to an attorney for them to be available to perform services, while special retainers generally take the form of security from which payment is deducted as it is earned, or an advanced fee for future work to be performed.
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.
The four types of retainer fees are true, nonrefundable chargeable, nonrefundable nonchargeable, and refundable. A true retainer is used to ensure an attorney's availability. A nonrefundable chargeable retainer is applied to the costs of an attorney's services but is not refundable if it is not used.
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.
That is, generally in a contingency fee agreement, the lawyer only receives compensation if the lawyer has successfully represented the client. Further, the amount the lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles.
Finally, a special purpose retainer is ?present payment to the lawyer in exchange for the commitment to provide legal services in the future and may be used only when necessary to accomplish some purpose for the client that cannot be accomplished by using a security retainer.?
In it, the Court affirmatively recognized three types of retainers available to attorneys in Illinois: the classic retainer, the security retainer, and the advance payment retainer.
Special retainer means an amount paid by a client to an attorney in consideration of the attorney undertaking to act as that client's attorney, if engaged as such in an identified legal matte (but does not include any amount paid as an advance of fees for work to be done).
