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Tennessee follows the ?American Rule? which means that each party in a lawsuit pays their own attorney fees, no matter who wins.
Rule 1.5 - FEES (a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.
Generally, in the state of Tennessee, attorney's fees are not recoverable unless you have entered into a contract which states that they are recoverable. That means you are typically responsible for paying all legal fees, even if you win the court case.
A contingent fee is a form of compensation that is only paid when a specific objective has been achieved. For example, a contingent fee arrangement could pay an accountant $50,000 when the business plan he constructs is used in the successful sale of securities by a client.
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.
In Tennessee, contingency fees are capped at one third (33 1/3%) of the total recovery. When a lawyer is retained, he and the client will agree on the percentage before representation and case work begins. Filing and court costs. The attorney's fee is only one of several costs that may be deducted from the settlement.
Most contingency fees are calculated as a percentage of the total settlement, so the more the attorney wins for you, the more they collect, also. This percentage may be negotiable from lawyer to lawyer, but Tennessee law caps the contingency fee for lawyers at 33 1/3 percent.
The final agreement should include a list of services the lawyer will perform for you and the type and amount of fees you will be expected to pay. It should also include an explanation of how the other costs and expenses will be handled and billed, including interest or charges for unpaid amounts.
Generally, in the state of Tennessee, attorney's fees are not recoverable unless you have entered into a contract which states that they are recoverable. That means you are typically responsible for paying all legal fees, even if you win the court case.
Contingency Fee Percentages The average cost of a contingency is between 30% ? 60% depending upon the number of possible wins for a client, the strengths of the case, or other factors. Contingencies fees can be up to 50% and 15% in large cases.