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Contingent fees are unfair because plaintiffs are not allowed to recover the cost of the fee from the defendant--that is, add the fee to the judgment awarded. Plaintiffs must prove the economic worth of their injuries.
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.
A contingency fee provides for compensation to the attorney for his or her legal services based on a percentage of the recovery. This type of arrangement is typically used for personal injury matters (negligence actions, such as car or slip-and-fall accidents), but it can be used for other types of matters as well.
In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount that their client receives when they win or settle the case.
These contracts, however, have some disadvantages: often unequal access to the information helping to negotiate for different parties, insufficient criteria for measuring the contingent condition occurrence, and high demand for negotiations before signing.
Contingency fee arrangements base the payment of the lawyer's fees upon the result of the case. If the contingency fee lawyer wins the case for their client, they will receive payment. If they are not successful, the client pays nothing.
Contingency fees shift the risk away from the client, who could end up owing substantial sums after losing in court under hourly billing. Instead, the lawyer assumes the risk of working extensively on a complex case without ultimate payment.
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.
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.