The contingency fee system is one of the greatest equalizers in the American legal system because it allows everyone to have actual access to the courts. Equal justice before the law doesn’t mean much if you can’t afford the high cost of attorney fees and litigation expenses. Contingency fees let every American hire a lawyer.
Most of Todd’s cases are billed on a contingency basis. At your free initial consultation, Todd will review your case and tell you whether your case is one that can be taken on contingency. (Note that it is unethical for a lawyer to accept or to offer to accept a contingency fee to represent a criminal defendant in the criminal matter, or a party to a divorce in the divorce matter.)
Most clients like contingency fees because it saves them their up-front, out-of-pocket costs, and our clients also love the idea that the more we get for them, the more we get for ourselves. It doesn’t hurt for the attorney to have some skin in the game. Contingency fees do not create a true partnership – you have the final say about the ultimate objectives of the case while we make all strategic and tactical decisions, but contingency fees do foster a spirit of solidarity between attorney and client.
The ‘contingency attorney fee’ refers to the fee charged by the attorney for legal services. The fee is usually calculated as a percentage of the total recovery and may vary depending on the stage of the case. In most personal injury actions, the fee will be 1/3 of the total recovery if the case is settled prior to filing a lawsuit and 40% of the total recovery if a lawsuit has to be filed.
We will also pay all of the up-front costs of litigation. This includes court costs, filing fees, sheriff service or process server fees, and other expenses like the costs of medical records, expert witnesses, court reporter fees, postage, travel expenses, and so forth. You normally will not have to reimburse these expenses if we don’t get you a financially valuable recovery. You will get a detailed written contract that spells out the exact term. You won’t have any questions about what you owe us, when you owe it, and whether you owe it at all.
The Rules of Professional Conduct governing lawyers requires the following specific language in attorney advertisements discussing contingency fees: ‘Contingent attorney’s fees’ or ‘no fee unless you win or collect’ refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. (The Rules specifically forbid contingency fees in criminal and divorce cases.)
Contact us today and let Todd Butler help you get your life back on track.
Please Note: Email communication does not create an attorney-client contract. Must establish a signed contract with attorney to create legal obligation on part of attorney.