How much do I pay the lawyer if we win the case?

How much does a lawyer usually charge when a case is won? And what happens if we lose? Do I have to pay him anything?

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Answered By: Ford, Howard & Cornett, P.C.

Call now: (256) 546-5432

The terms of an attorney's employment should be negotiated and put in writing up front before any work is done. For certain cases, attorneys will work on a contingency (a percentage of what is recovered) with the client paying no attorney fee if the client does not recover. Contingency fees can vary greatly (from 15% for work comp claims to 50% for complex medical malpractice claims).

Answer Applies to: Alabama - Replied: 3/9/2012

Answered By: Goodman & Goodman PA

Call now: (410) 685-3432

In a personal injury claim lawyers normally receive a percentage of the recovery as their fee. Therefore, if there is no recovery they receive no fee.

Answer Applies to: Maryland - Replied: 3/9/2012

Answered By: Steven Harrell, Attorney at Law

Call now: (478) 987-7065

Most personal injury fee contracts start out at 33 1/3% of the gross proceeds of recovery. If the case must be tried to a jury, the fee should then be around 40% of the gross proceeds of recovery. The client is responsible also for all the costs of prosecuting the case as well, even though the costs will be advanced by the attorney.

Answer Applies to: Georgia - Replied: 3/8/2012

Answered By: Chalat Hatten & Koupal PC

Call now: (303) 861-1042

These are questions which should be answered by your written fee agreement with your lawyer. If this is a personal injury case and your lawyer is handling the matter on a contingency fee then it is required that you have a written fee agreement. You should also feel comfortable asking these questions of your attorney - it is your right to have a clear understanding of the risks and benefits of your claim.

Answer Applies to: Colorado - Replied: 3/8/2012

Answered By: Attorney at Law

Call now: (707) 987-9523

Most lawyers will take a personal injury case on a contingency basis. This means that if you win the case, you pay the attorney a percentage of the recovery. This percentage will probably vary between 25% and 50% depending on when the case is finally settled. If you lose, some attorneys will require you to pay back any costs he may have advanced. Costs are such things as filing fees, jury fees, medical reports and records, and deposition fees, etc.

Answer Applies to: California - Replied: 3/8/2012

Answered By: Hynum Law Office, LLC

Call now: (601) 583-2608

That depends on what your agreement was with the lawyer when you hired him.

Answer Applies to: Mississippi - Replied: 3/8/2012

Answered By: The Law Office of Josh Lamborn, P.C.

Call now: (503) 546-0461

A lawyer is just like anyone else you hire to perform a service; you pay him or her according to the agreement you have with that individual. The difference with lawyers is that we usually charge a lot for our services and we usually get the agreement in writing. Start by looking at the written contract you have with your lawyer. That is something that he or she should have provided a copy to you at the time of engagement. You are contractually obligated to pay your attorney whatever you agreed to under this contract. Most states, including Oregon, have rules about excessive fees, so if you think your attorney has somehow unethically overcharged on your case, you may want to contact the State Bar and find out if there is such a rule and if so what it says. Most personal injury lawyers charge on a contingency fee basis, meaning they only get paid for their time if they recover money for you. If they lose the case you only have to reimburse them for their costs. The standard rate for contingency fees is 33 1/3% on the gross recovery before trial. If there is a trial some attorneys' fees go up to 40%.

Answer Applies to: Oregon - Replied: 3/8/2012

Answered By: Paul Whitfield and Associates P.A.

Call now: (704) 372-8322

Most lawyers handle injury cases on a contingent fee basis. If there is no recovery there is no fee. If there is a recovery the fee is usually one third. This enables people who cannot afford a lawyer to be able to prosecute a case.

Answer Applies to: North Carolina - Replied: 3/8/2012

Answered By: Holcomb Chaffin Rogers & Finn

Call now: (662) 627-2241

This varies on the nature of the employment of the lawyer. Most personal injury lawyers work on a contingent fee basis where you owe nothing in the way of fee if you do not prevail. The contingency fee varies from as low as 25% to as high as 50% based upon the particulars of the case.

Answer Applies to: Mississippi - Replied: 3/8/2012

Answered By: Bernard Huff, Attorney/Mediator

Call now: (317) 542-8540

You should throughly review your attorney/client agreement, if one exists. If not, you should see that such an agreement is made ASAP.

Answer Applies to: Indiana - Replied: 3/8/2012

Answered By: Behren Law Firm

Call now: (954) 636-3802

Typically 1/3 to the lawyer and usually you dont pay anything if you lose.

Answer Applies to: Florida - Replied: 3/8/2012

Answered By: Rags Beals Seigler Patterson & Gray

Call now: (706) 216-1272

Fee agreements are negotiable contracts. You may contract to pay by the hour, to pay a percentage of any recovery ( a contingent agreement) or a blend of the two. The hourly rate and the percentage to be paid in a contingent agreement are also negotiable. Hourly rates vary greatly by region and attorney. Contingent fees usually are from 33-40% although these too are negotiable. If you have an hourly agreement and lose, you owe the fee. If you have a contingent agreement and lose no fee should be owed. With a mixed hourly/contingent contract you would owe the hourly portion if you lose. Make sure you have a clear understanding of who ultimately is responsible for expenses.

Answer Applies to: Georgia - Replied: 3/8/2012

Answered By: Lennon Miller O'Connor and Bartosiewicz PLC

Call now: (269) 381-8844

Attorneys are most commonly pay either on an hourly basis or on a contingency fee basis. A contingency fee is usually one third of the total amount recovered after recovery of expenses. If an attorney represent a client on a contingency fee basis and there is no recovery, and the client would not owe any attorney. On the other hand if an attorney is working on an hourly basis, the client is responsible for the payment of fees regardless of the outcome.

Answer Applies to: Michigan - Replied: 3/8/2012

Answered By: The Law Office of Stephen R. Chesley, LLC

Call now: (718) 569-8738

In a personal injury case a lawyer usually takes a case on a contingency retainer. He takes the risk of recovery and usually said retainer is one third of the amount recovered after disbursements and costs are subtracted. If there is no recovery the lawyer does not receive a legal fee. However, he may be entitled to recover his disbursements, but rarely do attorneys seek same. The attorney takes the risk and lays out the costs and disbursements.

Answer Applies to: New York - Replied: 3/8/2012

Answered By: The Olawale Law Firm

Call now: (614) 772-4177

Your attorney's fee would be determined from the contract you signed with your lawyer.

Answer Applies to: Ohio - Replied: 3/8/2012

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

In contingency-fee cases, the normal arrangement is one-third, though there are a number of variations, depending on the type of case, whether there are minors involved, or if there are unusual circumstances. The word "contingency" means that the fee can only be charged if there is a recovery on behalf of the client. The client is responsible for out-of-pocket expenses, such as postage, copying costs and filing fees. All of this is worked out in writing before the lawyer starts any work.

Answer Applies to: New York - Replied: 3/8/2012

Answered By: Kelaher Law Offices, P.A.

Call now: (407) 841-7698

The typical contingent fee contract in Florida is 1/3 if the case is settled without the necessity of a lawsuit, and 40% once a lawsuit is filed, even if the case settles before trial.

Answer Applies to: Florida - Replied: 3/8/2012

Answered By: Lombardi Law Firm

Call now: (515) 222-1110

It all depends on the fee agreement you signed. Read the fee agreement; you should have a written copy.

Answer Applies to: Iowa - Replied: 3/8/2012

Answered By: Law Office of A. R. Appel

Call now: (954) 803-6868

There are two ways you can pay a lawyer - hourly or on a contingency fee arrangement. Hourly gets expensive and in an hourly arrangement, you pay regardless of the outcome. In a contingency arrangement, generally you pay 1/3 of the settlement if it is settled before a lawsuit is filed and 40% if a lawsuit has to be filed. If the amount recovered is very large there is a sliding scale in which percentage decreases.? Very large is exactly that over 2 million dollars. The advantage to a contingency agreement is that you do not pay unless the lawyer gets you a recovery. In rare instances, lawyers may be willing to negotiate the 1/3 and 40% Usually these numbers are not reduced because the lawyer is risking his or her own money to prosecute your claim. If you lose, generally you pay nothing - but talk with your lawyer about costs filing fees, costs for copies of records, expert costs etc.? Some lawyers will charge you these costs even if you lose whereas others will waive the costs.? You have a right to know in advance whether costs are due regardless of outcome or whether they are only due if you get a recovery, Make sure to ask ! Another thing - if your lawyer advises you that a particular settlement offer is a good one, you ought to think long and hard before saying no. The jury system - although much better than any other system is not perfect and people with real injuries sometimes get nothing. This could happen because of any number of reasons. Remember the more you get, the more your attorney gets so most attorneys will not advise you to accept an offer they think is inadequate.

Answer Applies to: Florida - Replied: 3/8/2012

Answered By: The Law Firm of Reed & Mansfield

Call now: (702) 343-0494

The common practice with personal injury cases is for the lawyer to take a percentage of the gross settlement or recovery as the fee. Therefore, the lawyer's fee is zero unless the case is won. Unless the defendant quickly settles, the lawyer will have to spend money to develop the case. Such expenses include the court fiing fee, payment to court reporters for depositions, payment to experts for testimony etc. Again, the common practice is that the lawyer advances these costs and gets them back when the case is won. However, lawyers are free to ask their clients to advance the costs. ? Lawyers are required by the state bars to warn clients that if their case is lost the client may end up owing the other side costs and attorneys' fees. Here are some differences between lawyers who really served their personal injury clients and lawyers who just look out for themselves: 1) What percent does the lawyer charge only charges 25% in cases in which out client has a favorable police report. Most other lawyers charge 33-40% even in such cases. Look at all the lawyer ads on billboard and on tv. If you are paying 33% or 40% for a favorable police report case you may be paying for all that advertising, not for the lawyer's real service. 2) Better personal injury lawyers rarely ask their clients to pay the costs; better personal injury lawyers advance the costs as cost of doing business if they believe in the case and don't take the case if they don't believe in it. 3) In the rare instance in which a case is lost lawyers who care about their clients either file an appeal in the hopes of winning the appeal or threaten to file an appeal unless the defendant which won gives up its claim against the client for costs and possibly attorneys' fees.

Answer Applies to: Nevada - Replied: 3/8/2012

Answered By: Law Offices of David W. Hibbert

Call now: (770) 414-8055

Your fees may be charged on a flat fee basis , an hourly rate , or on a contingent fee depending on the contract you sign when employing the attorney. Injury cases are most often handled on contingent fees basis. Thus a percentage of the recovery goes to the attorney. Such fees may range from 25% to 50% usually based upon the complexity of the issues.

Answer Applies to: Georgia - Replied: 3/7/2012

Answered By: Theodore W. Robinson, P.C.

Call now: (516) 248-6600

You are normally charged a percentage of the amount recovered - usually one-third. Expenses in NY are paid by the attorney up front and that amount then comes off the gross settlement and then the 1/3 is paid to the attorney and the rest is yours.

Answer Applies to: New York - Replied: 3/7/2012

Answered By: Fairlie & Lippy, P.C.

Call now: (215) 997-1000

It is customary for Pennsylvania personal injury lawyers to charge 1/3 of any money they obtain on behalf of the client. Some charge more and some charge less, often corresponding to experience and ability. They facts of the case might also make a difference as there is no set amount that all lawyers charge for all cases. If you sign a contingent fee agreement, that generally means that if nothing is recovered you will not pay any fees. You still must read the particular agreement in question for the details that apply in the particular situation.

Answer Applies to: Pennsylvania - Replied: 3/7/2012

Answered By: Law Office of Patrick E. Donovan, PLLC

Call now: (603) 893-1177

If the fee structure is a contingent one, then the attorney gets paid only if you obtain a judgment or settlement, typically 33%. If it is an hourly fee agreement, you pay regardless of the outcome.

Answer Applies to: New Hampshire - Replied: 3/7/2012

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

I assume you're talking a out a personal injury case. The fee is usually one third with reimbursement of expenses. You are usually responsible for expenses only if you lose.

Answer Applies to: New York - Replied: 3/7/2012

Answered By: Ferguson & Ferguson

Call now: (256) 534-3435

Most injury cases are done based on recovery. Standard is 33 1/3 % of recovery. You should do a contract before starting case.

Answer Applies to: Alabama - Replied: 3/7/2012

Answered By: Law Office of Ronald G. Draper

Call now: (312) 360-9411

Read your contract . It states what you pay.

Answer Applies to: Illinois - Replied: 3/7/2012

Answered By: Salladay Law Office

Call now: (208) 333-9600

Generally fees for personal injury cases are based on a percentage of the money recovered- depending on what stage the case is in when it is settled or when a recovery is had. The percentages can range from as low as 25% (the normal is 33%) to 45-50% if the case actually goes to trial and to a judgment. If the case is lost, there are no fees generally but the client is responsible for the costs incurred, filing fees, witness fees, expert fees, depositions etc. The contingent fee agreement must be in writing so you, the client knows what your responsibilities are.

Answer Applies to: Idaho - Replied: 3/7/2012

Answered By: Law Office of Russell D. Gray, PC

Call now: (801) 305-4851

The answer to this question depends on the type of case and your agreement with the attorney. A typical contingent fee in an injury case is 1/3, but your case may be more or less. Every attorney does things a little differently, so talk with whichever attorney you're thinking of hiring and ask these questions directly.

Answer Applies to: Utah - Replied: 3/7/2012

Answered By: The Smalley Law Firm, LLC

Call now: (913) 601-3549

That depends what type of case it is and what your agreement with your lawyer is.

Answer Applies to: Kansas - Replied: 3/7/2012

Answered By: Carter Boyle LLC

Call now: (303) 501-1825

Personal injury lawyers usually work on a contingent basis. The contingency is that they only get paid if they collect money for you from the person that injured you. Most personal injury lawyers will charge between 33-40% if they win, but not charge you if they lose. Also, some will make you pay back costs (money they spent on fighting your claim), regardless whether they win. Some will eat that, too.

Answer Applies to: Colorado - Replied: 3/7/2012

Answered By: Broad Law Firm, LLC

Call now: (317) 566-2134

It depends upon what type of case it is and what type of fee agreement you have with your attorney. If the fee agreement is a "contingency agreement," then typically they take a third of whatever they win for you (either at trial or in a settlement), and if you get nothing, you generally pay nothing. On the other hand, if your fee agreement is an hourly agreement, you will owe the hourly charges regardless of whether you win or lose.

Answer Applies to: Indiana - Replied: 3/7/2012

Answered By: R. D. Kelly Law Firm, P.L.L.C.

Call now: (206) 623-3702

Normally, personal injury attorney work on a one-third contingency basis. Attorney's fees would be one-third of the total amount of the settlement or judgment. You are also responsible for the costs involved, so those would have to be deducted, too. If you lose, you still owe for the costs.

Answer Applies to: Washington - Replied: 3/7/2012

Answered By: Pingelton Law Firm

Call now: (573) 449-5091

It depends on the type of case. In most contingency fee cases, if you lose you owe nothing. But again, it depends on the term of your contract with your attorney.

Answer Applies to: Missouri - Replied: 3/7/2012

Answered By: Dogan & Wilkinson, PLLC

Call now: (601) 351-3200

Depending upon the nature of the claim, which can only be determined by a thorough review of the facts and applicable law, the general rule is a contingency agreement. You pay your lawyer from 25 - 40% of the total amount of the settlement, and in addition you pay actual out of pocket expenses incurred directly in relation to filing and pursuing the claim. This arrangement should always be in writing and fully discussed such that you completely understand the arrangement.

Answer Applies to: Mississippi - Replied: 3/7/2012

Answered By: Quitmeier Law Firm, P.C.

Call now:

A contingency fee contract means you owe no attorney's fee if you lose, but also means from 33%-50% (25% on social security and workers' compensation cases).

Answer Applies to: Missouri - Replied: 3/7/2012

Answered By: Ezim Law Firm

Call now: (225) 929-7785

When you hire an attorney, you sign a retainer agreement which sets forth the attorney's few. Generally, when an attorney represents a client in a personal injury case, the attorney is paid a fixed percentage of the total amount recovered or collected for the client which is usually one-third if the case is settled without having to file suit.

Answer Applies to: Louisiana - Replied: 3/7/2012

Answered By: Bulman Law Associates PLLC Injury Law Firm

Call now: (406) 721-7744

One third is the typical contingency percentage, however, in medical malpractice, the percentages are usually up to 40%.

Answer Applies to: Montana - Replied: 3/7/2012

Answered By: Lapin Law Offices

Call now: (402) 421-8033

Most attorneys take personal injury cases on a contingency fee basis, which means they only collect a fee if you receive money on your case. If you do not receive any money on your case then you do not owe the attorney any fee. The fee is usually a percentage of the amount you receive if money is collected. This percentage is usually determined by the facts of the case. In addition, it could also be based on when money is received, such as before a lawsuit is filed or if the case has to be tried. In addition, many attorneys in personal injury cases will advance the costs associated with a case such as filing fees, deposition costs, expert witness fees and other such items. Whether you have to repay these costs if you lose the case depends on the agreement you have with the attorney. Some attorneys will not require repayment even if you lose. Contingency fee agreements must be in writing and, among other things, must set forth the items discussed above.

Answer Applies to: Nebraska - Replied: 3/7/2012

Answered By: Kelly A. Broadbent, Esq.

Call now: (508) 438-1198

Typically you pay a lawyer 1/3 of any settlement. You should look at your fee agreement to see whether it is varied.

Answer Applies to: Massachusetts - Replied: 3/7/2012

Answered By: Paris Blank LLP

Call now: (804) 355-0691

Depends on the type of case. In most personal injury cases you pay the attorney 40% plus costs advanced if you win and costs advanced if you lose.

Answer Applies to: Virginia - Replied: 3/7/2012

Answered By: The Lucky Law Firm, PLC

Call now: (225) 387-5656

It really depends on the type of case you have as to what you will have to pay your attorney. For example, if you are involved in an automobile accident and hire The Lucky Law Firm, then will work on a contingency fee basis. This means that we agree to only get paid at the end of the case (settlement or judgment) for a percentage of the total amount recovered. If we lose, then we get paid nothing and you owe us nothing. Some cases, however, are not cases in which a contingency fee agreement can be entered. Those cases usually involve the attorney charging by the hour or a lump sum based on the type of work you hired him to do. If you have an agreement other than a contingency fee agreement, then you still owe the attorney money based on the hours worked and the costs. This is why it is very important to have your agreement with your attorney in writing so that everything is laid out in the beginning.

Answer Applies to: Louisiana - Replied: 3/7/2012

Answered By: Gilbert & Bourke, LLP

Call now: (760) 327-1285

Most of these case are handled on a contingency basis, that is a percentage of the settlement or judgment, usually 33.3% to 40% depending upon when in the life of the claim the case settles. If you receive nothing, the attorney is not paid an attorney fee.

Answer Applies to: California - Replied: 3/7/2012

Answered By: Bruce Plesser

Call now: (727) 421-9784

Personal injury retainers are governed by the Florida bar with contingent fee arrangements, meaning that if you win, the lawyer gets what he is ethically and contractually entitled to and if you lose, you pay nothing. The lawyer bears the cost and risk of the case.

Answer Applies to: Florida - Replied: 3/7/2012

Answered By: Adler Law Group, LLC

Call now: (860) 282-8686

If its a personal injury case the attorney generally gets one third of the recovery. If you loose there is no fee.

Answer Applies to: Connecticut - Replied: 3/7/2012

Answered By: Magnuson Lowell P.S.

Call now: (425) 242-4021

This depends on the type of case. For example, most personal injury cases are handled on a contingency basis. That means that if you make a recovery, your attorney receives a fee payment of a certain percent (usually 1/3 - and sometimes more depending on the type of case). You are typically responsible for the attorney's out of pocket expenses - win or lose.

Answer Applies to: Washington - Replied: 3/7/2012

Answered By: The S.E. Farris Law Firm

Call now: (314) 252-9937

Most injury lawyers work for a contingent fee, meaning they don't get a fee unless they win. Lawyers usually advance case expenses, and again, as long as you cooperate along the way, you only repay those if you are successful.

Answer Applies to: Missouri - Replied: 3/7/2012

Answered By: Michael J. Sgarlat Attorney at Law

Call now: (703) 549-2000

The usual fee ranges from one 33-1/3 to 40%. In most situations there is no fee if you lose, although the client may be responsible for case expenses such as filing fees, court reporters, expert witnesses etc.

Answer Applies to: Virginia - Replied: 3/7/2012

Answered By: J Wayne Turley BC

Call now: (480) 246-6505

Most personal injury cases are taken on a contingency fee basis. If you obtain damages by settlement or after a trial or arbitration, the fee is frequently one-third (33.33%) of the damages recovered, plus the costs the lawyer has paid out. The attorney fee is a matter of contract and you can discuss it with the lawyer. Some attorneys will increase the fee if the case has to be filed in Court or if it is tried in court. Medical malpractice cases often have a higher contingency fee because of the difficulty and time and risk involved. Sometimes attorneys will charge a non-contingent fee "up front" or a retainer for costs to cover the cost of the investigation or obtaining an expert and then a contingent fee above that. The details of the fee are a matter of negotiation between the attorney and the client so you can discuss the alternatives and the terms with the attorney before signing any agreement. If no damages are recovered then there is no attorney fee if the fee is a contingent fee. The client would still owe the costs that the attorney paid out, unless they agreed otherwise. Best wishes.

Answer Applies to: Arizona - Replied: 3/7/2012

Answered By: Musilli Brennan Associates PLLC

Call now: (586) 778-0900

It depends on your retainer agreement with the lawyer. Both parties have to agree. Commonly, in a contingent fee retainer agreement, if the case has sufficient value, the fee is 1/3 of the recovery after expenses. If there was a loss there would be no "fee" but you would be liable to pay the costs and expenses.

Answer Applies to: Michigan - Replied: 3/7/2012

Answered By: Law Offices of Minh C. Wai, P.C.

Call now: (219) 793-9000

Lawyers generally charge approximately 1/3 of the winnings as a contingency fee. The amount of the contingency fee will need to be agreed upon ahead of time. Geographic locations may differ as to what is the normal percentage.

Answer Applies to: Indiana - Replied: 3/7/2012

Answered By: Austin Law, P.A.

Call now: (913) 814-8854

Fees in an injury case or a workers' compensation claim are "contingent", or that means the lawyer does not collect a fee unless the attorney collects a judgement.

Answer Applies to: Kansas - Replied: 3/7/2012

Answered By: Ewusiak & Roberts, P.A.

Call now: (727) 724-5796

There is no standard agreement. Most personal injury lawyers work on a contingency fee basis, which means you don't pay unless you win. The amount of the contingency fee depends on the type of case, the difficulty of the case, the experience of the lawyer, the amount of costs that will need to be fronted, and other factors. The most common amount you will see is 1/3 of recovery up to the point of litigation, at which point it goes to 40%. Some lawyers will want to charge more, some will be willing to charge less.

Answer Applies to: Florida - Replied: 3/7/2012

Answered By: DEAN T. JENNINGS, P.C.

Call now: (712) 256-1400

Depends on the contract you sign with the lawyer. If you hire the lawyer on a contingent fee, the attorney gets paid a percentage of the amount collected usually 1/3 plus the costs. If you hire the lawyer hourly then win your lose you must pay the fee that you are billed for based on the hours the lawyer works.

Answer Applies to: Iowa - Replied: 3/7/2012

Answered By: Willens Law Offices

Call now: (312) 957-4166

If this is an injury case, most personal injury lawyers provide free, no-obligation, confidential consultations and do not charge for services unless and until compensation is collected. Furthermore, many personal injury lawyers advance all the costs of handling their cases.

Answer Applies to: Illinois - Replied: 3/7/2012

Answered By: Koning & Jilek, P.C.

Call now: (269) 343-1500

Generally speaking, in personal injury cases the lawyer is paid 1/3 of the proceeds once expenses are deducted. Whether a client has to pay regardless of the result is a matter between the client and the lawyer.

Answer Applies to: Michigan - Replied: 3/7/2012

Answered By: Klisz Law Office, PLLC

Call now: (313) 402-0853

It depends on the type of case, contingent or not and the costs of litigation.

Answer Applies to: Michigan - Replied: 3/7/2012

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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