Attorneys who don't charge unless they win
A contingency-fee attorney is a lawyer who does not charge an upfront legal fee and gets paid only if the lawyer recovers money for you. This arrangement is common in personal injury and workers' compensation cases. The lawyer usually receives an agreed percentage of a settlement or court award instead of billing by the hour.
"No fee unless we win" usually means you will not owe an attorney fee if the case produces no recovery. It does not always mean you will pay nothing. Filing fees, medical records, expert witnesses, investigators and other case expenses may be handled separately under the written agreement.
Contingency-Fee Attorneys at a Glance
| Question | How contingency representation usually works |
|---|---|
| Do you pay an hourly fee? | Usually no |
| Do you pay an upfront attorney retainer? | Often no, depending on the lawyer and case |
| How does the attorney get paid? | The attorney receives an agreed percentage of the recovery |
| What happens if you lose? | You often owe no attorney fee, but you may still owe case expenses |
| What cases commonly qualify? | Personal injury, wrongful death, workers' compensation and some other money-damages claims |
| Must the agreement be in writing? | Contingency agreements generally must be written and signed under the ABA Model Rules, but state law controls |
| Can every type of case use contingency fees? | No. Restrictions commonly apply to criminal defense and certain family-law matters |
How Does a "No Win, No Fee" Lawyer Get Paid?
A contingency-fee lawyer gets paid by receiving an agreed percentage of money recovered through a settlement, verdict or other successful result. A common percentage is about one-third to 40%, but the actual amount depends on the state, case type, stage of litigation and fee agreement.
Some agreements use one percentage if the case settles before a lawsuit and a higher percentage if the case goes to trial or appeal. The agreement should state each percentage clearly.
Example of a Contingency Fee
Suppose a lawyer agrees to a 33 1/3% contingency fee and obtains a $100,000 settlement:
- Attorney fee at 33 1/3%: approximately $33,333
- Amount remaining before case expenses: approximately $66,667
- Additional expenses may be deducted, depending on the agreement
- Your final payment depends on whether expenses are deducted before or after the attorney calculates the fee
A fee agreement may calculate the percentage from the gross settlement or subtract certain case expenses first. That difference can affect how much you receive.
Are There Costs If the Lawyer Does Not Win?
Possibly. Attorney fees and case expenses are separate charges, and the written agreement should explain how both are handled.
Review whether the agreement states:
- Which expenses the attorney will advance
- Whether you must repay those expenses if the case loses
- Whether expenses are deducted before or after the attorney's percentage
- Whether you are responsible for medical records, filing fees, experts or investigators
- What happens if the attorney withdraws or you change lawyers
The ABA Model Rule on contingency fees requires the agreement to identify litigation expenses and explain whether those expenses are deducted before or after the fee is calculated. It must also identify expenses for which the client remains responsible, whether or not the client wins.
Which Cases Are Most Likely to Qualify?
Cases involving money damages are the most likely to qualify for contingency representation. Lawyers commonly look for four factors:
- You are seeking money damages.
- Another person, company or insurer may be legally responsible.
- The potential recovery is large enough to justify the lawyer's time and expenses.
- The evidence supports a reasonable chance of recovery.
Common examples include:
- Car, truck and motorcycle accidents
- Slip-and-fall injuries
- Medical negligence claims
- Workplace injury claims
- Wrongful death claims
- Defective products
- Some employment and consumer-protection claims
A lawyer may reject a claim if liability is unclear, damages are too small, the legal deadline has expired or the opposing party cannot pay.
Are Contingency Fees Allowed in Criminal or Family-Law Cases?
Contingency fees are prohibited for representing a criminal defendant and for certain domestic-relations matters involving divorce, alimony, support or property settlement under the ABA Model Rules. State rules may impose additional restrictions.
Criminal defense lawyers generally charge an hourly fee, flat fee or retainer instead of taking a percentage of the outcome. A person who cannot afford criminal counsel may have other rights to appointed representation, depending on the circumstances.
A contingency-fee attorney is also different from a pro bono attorney. Pro bono representation generally means the lawyer does not charge for legal services. A contingency lawyer usually receives a percentage of money recovered for the client.
What Should You Ask Before Hiring a Contingency-Fee Attorney?
Ask these questions during the initial case evaluation:
- What percentage will you charge if the case settles before filing a lawsuit?
- Does the percentage increase if the case goes to trial or appeal?
- Is the percentage calculated before or after expenses?
- Who pays filing fees, expert fees, medical-record charges and investigation costs?
- Will I owe expenses if the case produces no recovery?
- Will medical liens, insurance reimbursements or other claims reduce my payment?
- What happens if I end the representation or the attorney withdraws?
- Which lawyer will personally handle negotiations, litigation and trial?
- Will I receive a written settlement statement showing every deduction?
The ABA Model Rules provide that a client should receive a written statement showing the result of the matter, the amount paid to the client and how that amount was calculated.
How Do You Find Attorneys Who Do Not Charge Unless They Win?
Search for a lawyer using your case type and location. Examples include:
- "personal injury attorney contingency fee near me"
- "car accident lawyer no fee unless we win"
- "workers' compensation attorney contingency fee"
- "wrongful death lawyer no upfront fee"
- "medical malpractice attorney contingency fee [state]"
Then confirm that the lawyer:
- Handles your type of claim
- Is licensed in the state where the case will be filed
- Explains the fee agreement in plain language
- Provides the agreement in writing before representation begins
- Separates attorney fees from case expenses
- Does not promise a guaranteed settlement or verdict
What Does "Free Consultation" Mean?
A free consultation and a contingency-fee agreement are separate issues. A lawyer may offer a free initial consultation but later decline the case or suggest a different billing arrangement.
Before sharing sensitive information, ask whether the consultation is free and whether the lawyer is evaluating your case for possible contingency representation.
Before You Sign
A contingency-fee agreement can reduce your upfront cost, but it may not eliminate every expense. Before signing, confirm the fee percentage, how expenses are calculated, whether medical liens will reduce your payment and what you may owe if the case ends without a recovery.