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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.
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.
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.
In fact, Texas is one of the few states that allows parties to recover attorneys' fees even if the contract itself does not contain an attorneys' fees provision.
The fundamental principle of a contingency fee arrangement is that when rendering an invoice at the end of the case the solicitor cannot charge his client more than he would have done had he taken the case on the normal basis. If the case is lost no fee is payable to the solicitor.
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.
With a contingency fee you do not have to pay anything up front for the legal services provided by your lawyer. Your lawyer's payment is contingent upon you having received some amount of compensation. Your lawyer's payment will be an agreed percentage amount of your settlement.