Contingency Fee

What is a Contingency Fee?

According to the American Bar Association (ABA), a contingency fee is a fee arrangement between a client and their lawyer in which the lawyer is paid out of any damages that are awarded. That is to say that the fee is paid to the lawyer only if the case is won.

What is a Contingency Fee?

A contingency fee directly contracts an arrangement such as a fixed hourly rate in which lawyers are paid regardless of the outcome of their case. Contingency fees typically do not include any up-front payments, while other fee arrangements do. Contingency fees are particularly common in personal injury cases. In those cases, if a lawyer successfully represents their client and wins their case, they receive a percentage of the damages awarded to their client. The ABA estimates that lawyers typically receive between one-fourth to one-third of the damages in these cases. So if a plaintiff sued a defendant and won $1,000, the lawyer would receive between $250 and $333. However, this is not a rule, and some lawyers may operate on a higher contingency.

In concept, contingency-based-fees allow for more people to have access to lawyers and justice. When paying on a contingency, they don’t need to spend money up-front on a case they may not even win, though there may be other fees to be paid. Lawyers may also have incentive to give the best representation possible in cases where their payment is outcome-based, although some suggest that they may lead to some lawyers settling cases too early.