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A contingency fee is a form of payment to a lawyer for his/her legal services. In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount his/her client receives when they win or settle their case.
How Contingency Works in Texas. When a lawyer agrees to work on contingency, which is common in personal injury cases, the plaintiff can hire an attorney without paying legal fees upfront. The attorney's fees are simply deducted from the final award usually 33% to 45% of the total settlement.
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.
Under the Texas Disciplinary Rules of Professional Conduct, contingency fees are only allowed in civil cases. A contingency fee agreement must be given in writing to a client and signed by the client before the attorney renders any services for the personal injury matter.
In Texas, typical contingency fee percentages can range from 33% to 45%. Some attorneys will even charge lower percentages if a case settles prior to a lawsuit being filed. Example: Let's say a car accident case settles before filing a lawsuit for $10,000 and there is $1,000 of case expenses.
Though contingent commissions are not as popular as they once were, they are legal to use and are considered ethical if brokers are upfront about the agreement they have with an insurer or reinsurer.
Contingency Fee Agreements: 101 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.
It is ethical to charge contingent fees as long as the fee is appropriate and reasonable and the client has been fully informed of the availability of alternative billing arrangements.
To put it another way, with a contingency fee, payment for your attorney's services is "contingent upon" your receiving some amount of compensation. Your attorney will take an agreed-upon percentage of your recovery. This percentage is often around 1/3 or 33%.