New Jersey Contract to Employ Attorney on a Contingent Fee Basis with Retainer

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Contingency fees are an arrangement for payment for an attorney's services, in which the attorney is paid out of the recovery awarded to the client. Contingency fees are usually between a fourth and a third of the amount awarded. If the client doesn't recover, no fee is owed. Contingent fees are commonly arranged in personal injury cases and may allow persons to hire a lawyer when they could otherwise not afford to pay hourly rates. In some states the percentage (or the maximum percentage) that a lawyer may charge by way of a contingency fee is set by law. Contingent fees are not allowed in criminal matters and rarely permitted in family law cases. They are also referred to as contingent fees.
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FAQ

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to third parties that the payer has engaged to perform a specific action on their behalf.

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.

How is the Percentage of Attorney Payment Determined in New Jersey? The New Jersey Court Rule -7 states that an attorney's contingency fees cannot exceed the following structure: 33% on the first $750,000 that was recovered, 30% on the next $750,000, 25% on the next $750,000, and 20% on the next.

Rule -7(c) provides that a contingency fee in a matter ?where a client's claim for damages is based upon the alleged tortious conduct of another, including products liability claims,? and where the client is not a subrogee, is capped at 33 1/3 percent of the first $500,000 recovered, with lesser percentages for ...

What are Contingency Fee Agreements? Contingency Fee Agreements are agreements for legal representation where the attorney does not take a retainer or up-front fee from the client for the attorney's legal services.

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.

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.

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New Jersey Contract to Employ Attorney on a Contingent Fee Basis with Retainer