Like, will a lawyer say, OK, I'll defend you and if you win the case, then you pay me $X. But if you lose, you don't owe me anything...
2007-03-09 07:56:34 · 9 answers · asked by pamgissa 3 in Politics & Government ➔ Law & Ethics
I'm thinking of civil, not criminal.
2007-03-09 08:03:28 · update #1
The only cases I know of that are taken on a contingency are Civil cases where there is a settlement to be had. Defence in a civil suit on a contingency is rare, unless there is a counter claim to be had. I suppose if you were to win your defence there could be costs awarded, but those would be normal fees and not really worth the chance for the lawyer.
I do not know of a single lawyer who would take a contingency on a $X, but rather a x%. It is impossible for them to tell how much work will be involved. If they agree on 10,000.00$, lets say, and they win but they put in 20,000.00$ work, they are still out.
Contingencies are normally no higher than 33% if the matter goes to trial, and about 15-25% if settled out of court (the percentage depending on the stage of progression of the file. This normally ends up being higher than what a lawyer would have been paid per hour for the work performed, but that is what makes taking the risk of getting nothing worthwhile.
You should carefully read any contingency agreement you sign, which should set this out. If a lawyer tries to get a verbal contingency, ask him for an agreement in writing to be signed by you and him.
You should also be aware, that win or lose, a lawyer will still charge disbursements, which are his/her out of pocket expenses like postage, fax and copying charges, fees to file documents in court, fees for searching and ordering documents, courier fees and the like.
2007-03-09 08:03:29 · answer #1 · answered by elysialaw 6 · 1⤊ 0⤋
There are a lot of Social Security cases handled by law firms that ONLY work on a contingency basis. Of course they also only work on your case if it it clear that they are going to win.
In my case I signed had filed for Social Security and was denied, they do it almost automatically. When I appealed I found a lawyer out of the phone book who would do it for me. I signed a form that would pay the law firm a portion of my winnings up to a $4,000 limit. After he won the case I got my money and some back pay from Social Security, but the lawyer got paid first, and I never saw that money. I had agreed to it and without the lawyer I wouldn't have won my case so I am happy with how it turned out.
This just illustrates the point that lawyers are out to make a profit and if they take a case then they are going to it to make a profit. Lawyers take a lot of insurance cases on contingency bases; they also handle a lot of lawsuits this way. When you think about it is usually a good deal for society. Most of the clients can't normally afford a lawyer and if the lawyer works on a contingency basis then they represent people who would normally not be represented.
When a lawyer handles a criminal case sometimes they do the work "pro bono," for free. In many cases this is an example of a lawyer trying to give back to the community, but in some cases they do it for a high profile case to get the publicity, which promotes their services and that can generate more clients.
2007-03-09 08:22:48 · answer #2 · answered by Dan S 7 · 1⤊ 0⤋
Rarely, because the point of contingency is not win or lose, it's that the plaintiff doesn't have enough money to vindicate their rights (but they will, only if they actually win the case). If a defendant wins, he's in really no better financial position than at the beginning of the case, so there would be no reason to delay payment.
(Also, there are ethical rules surrounding contingency fees. Criminal defendants, for example, cannot pay on contingency. And an attorney working on contingency for a defendant would no longer have the defendant's interest at heart, because 97% of all cases settle, and if "winning" meant no recovery, those attorneys would have to push toward trial.)
2007-03-09 08:01:52 · answer #3 · answered by Perdendosi 7 · 1⤊ 0⤋
Okay, in a civil case where there is money at stake, then the attorney will weigh the facts presented to him and determine if there is a reasonable chance of winning the case. Only if the attorney feels that the risk is acceptable will he take the case. The standard contingency fee is about 1/3 of the award. The rate goes up with the respective difficulty. Plus, the attorney can make a motion to the court for extraordinary expense fees. As a result, the attorney fees are often in excess of 40%.
2007-03-09 08:40:15 · answer #4 · answered by rac 7 · 0⤊ 0⤋
Most states prohibit lawyers from taking criminal cases on contingency. It's against public policy. So, while I have heard rumors of lawyers doing that, in almost all cases it would be grounds for sanctions, and possibly disbarment.
UPDATE: As far as civil matters, yes contingency is common. Less common on the defense side, but it's not prohibited.
But really, what incentive does the attorney have to defend on contingency? As a plaintiff counsel, the attorney often gets a percentage of the damages award, so the higher the award the higher their share. But for a civil defense attorney, it's more risky, and less incentive.
2007-03-09 07:59:42 · answer #5 · answered by coragryph 7 · 1⤊ 0⤋
Usually the only lawyers who work on a contingency basis are the personal injury type lawyers because monetary damages are expected/hoped to be awarded.
You would be VERY hard pressed to find a criminal defense attorney who would take your case, expecting to get paid only if you win.
2007-03-09 08:03:32 · answer #6 · answered by Anonymous · 1⤊ 2⤋
i'm not a lawyer or a doctor, yet human beings oftentimes ask my advice. I also have a recognition for being honest as properly as smart. So according to risk I could attempt sending charges to those who ask my advice.
2016-10-17 23:34:59 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Usually only with insurance (auto injury or work comp) .
The other stuff rarely pans out , which is why they want $$$ up front.
2007-03-09 08:05:23 · answer #8 · answered by kate 7 · 0⤊ 0⤋
MANY PERSONAL INJURY LAWYERS WOULD LOVE TO TAKE YOUR CASE ON A CONTIGENCY BASIS.
2007-03-09 08:35:20 · answer #9 · answered by withluv7 3 · 1⤊ 0⤋