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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.
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.
A retainer fee is an upfront fee paid by a client for the professional services of an advisor, consultant, lawyer, freelancer, etc. The fee is commonly associated with attorneys who are hired to provide legal services.
The purpose of retainer agreements Like any contract, the primary purpose of a retainer agreement is to make sure that your agency actually gets paid for your services. By requiring clients to pay in advance, retainer agreements eliminate the potential for non-payment disputes.
In agency-speak, a retainer agreement is an ongoing month-to-month agreement between a service provider and their client. Think of a retainer contract as a work-for-hire agreement where you complete either a set amount of work for the client on a monthly basis or commit a set number of hours to their work.
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.
Nothing is guaranteed. When a lawyer is paid on a contingency basis, he shares that risk with you. He doesn't get paid unless you do. In addition, he gets paid more if you get paid more. This gives him more incentive to work harder and achieve a favorable outcome for your case.
California attorneys have a variety of options to choose from when negotiating fee arrangements and retainers with their clients. There are generally four types of fees that may be charged?hourly fees, fixed or flat fees, true retainers, and contingent fees.