Contingent Meaning (in a Legal Fee Agreement)

Lawyer explaining a contingency fee agreement to a client in a professional office, emphasizing the importance of understanding legal fee arrangements

A contingency agreement means that some type of event, usually the recovery of money, must occur before the lawyer is paid. This is a common fee structure in personal injury and other types of cases where the client may not have the ability to pay upfront legal fees.

1. Amount

In a personal injury case, the amount of a contingency fee may be regulated by law. Outside of that, the lawyer and client are generally free to negotiate whatever they think is appropriate. One-third of the recovery is typically used in personal injury cases, but this can vary depending on the agreement and the complexity of the case.

2. What Does the Lawyer Consider?

When deciding whether to take a case on a contingency basis, the lawyer will consider:

  • The time it will take to litigate the case to settlement or judgment.
  • The probability of success based on the facts of the case, the evidence available, and the legal issues involved.

These factors help the lawyer evaluate whether the case is worth the investment of their time and resources.

3. Graduated Schedule

Some lawyers may offer a graduated fee schedule, meaning they charge different fees depending on how far the case progresses. For example, a lawyer may charge a lower percentage if the case settles early and a higher percentage if the case goes to trial or involves an appeal.


If you are considering entering into a contingency agreement with a lawyer, it is important to understand the terms of the agreement, including the percentage of recovery and any additional fees that may apply. Make sure to discuss these details during your initial consultation to ensure you are comfortable with the arrangement.

If you have any questions or need legal assistance, contact us today for a free consultation.

Our experienced legal team is here to help you understand your rights and options when it comes to contingency fee agreements and other legal matters.

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