Contingency Fee

Question: uncontested divorce? im planning to file a divorce but my wife dont like the idea .i want to get out in this relationship if ever i file a divorce and my wife dont know about it it will be push thru i mean un contested?thanks in advance

Answer: No, it's not an uncontested divorce. Your wife will have to be served divorce papers and she has the right to be heard in court, that is the LAW. Your's is NOT an uncontested divorce.

Question: Contingency fee. In the state of florida can a lawyer charge you a contingency fee AND a hourly rate? We just settled an estate in Miami. When we started with this attorney it was by the hour, per his request it was changed to a contingency fee. Now that the case is settled we have been billed for the 33% contingency AND the $300.00 per hour fee. Can anyone tell me if this is legal.

Answer: Based on your question, it does not appear to be legal. If he requested a change to contingency fee, this probably would have to be in writing under local ethical rules in Florida. Depending on the language of the letter or other agreement confirming the change, it does not appear likely or reasonable that a contingency fee would be placed on top of an hourly rate fee. However, if the deal was that he would get paid for hours up to the date of change, and then contingency to cover time after that, such an arrangement would probably be acceptable under applicable legal ethical rules. The best solution to this situation is to obtain advice from another lawyer in Florida, as to the legality of the arrangements you entered into. You also can lodge a disciplinary complaint with the local bar association in the county where the attorney practices. Finally, there may be limits as to what an attorney may legally or ethically charge for administration of an estate. You do not explain the circumstances of the representation - a contingency fee of that percentage is not unreasonable if you were challenging an estate distribution, and therefore hoping to reap a significant benefit monetarily from making the challenge. On the other hand, estate administration is not normally done on contingency - typically, hourly rates would be charged, or possibly some percentage of the estate in question, and the percentage normally is a lot lower than 33%. You should definitely seek further legal advice from a qualified Florida attorney.

Question: What do contingency-fee and sign on mean in：? Michael Belanger, president and co-founder of Jarg, said in a phone interview that his company had become aware of the infringement several years ago, but lacked the resources to press its case until it found a law firm willing to fund the case on a contingency-fee basis. Northeastern then signed on.

Answer: Contingency means a law firm does not charge up front, but shares in any cash settlement, if they win the case. Northeastern then signed on = they took the case on contingency.

Question: How much is the contingency fee for a lawyer in the state of Texas for an automobile accident? Is the percent fee taken before or after all bills in the case are paid?

Answer: Each lawyer sets his or her own fees. Ask before you sign anything. Make sure the fees are spelled out clearly in writing.

Question: What is the proper contingency fee for personal injury attorney? And what should one do that has been in a car accident (not there fault) hire an attorney or not?

Answer: One third is not an unusual contingency fee. As to whether you should hire an attorney or not, there's a very simple rule: if you are ever asking yourself that question, the answer is almost certainly "yes".

Question: Is it normal for a lawyer to charge both a contingency fee and an hourly fee and expenses? Matter is in regards to a civil suit involving violation of a contract. Lawyer reduced his hourly rate to $250 plus a 25% Contingency fee plus expenses. I want to know if this is reasonable or not.

Answer: Lawyers sure knows how to milk you.

Question: What exactly does "contingency fee" mean? I was involved in a commercial truck accident in North Carolina. I was told that I can minimize my attorney fees by finding a law firm that works on a Contingency Fee basis. What exactly does that mean?

Answer: contingency fee is a fee that is estimated to cover smthg that is not seen now.. or that may happen in the future..

Question: I have a pending civil case in Az. I need to find a contingency fee lawyer. How do I find one? How do I find a lawyer or recent law graduate to help me with my case. I live in Indiana.

Answer: Get a referral from the local Arizona Bar Association where the case is going to be filed.

Question: Will lawyers take a case for police brutality for a contingency fee? My son was dragged from a car, and beaten, then given a citation for disorderly conduct, at a 4th of July celebration. Wonder if a lawyer would take a case on a contingency fee or do we need to pay for one?

Answer: Most lawyers use the contingency fee for dividing the amount of money the person being sued has to pay the person suing. Talk to lawyers, this case sounds more like fighting a citation, not a law suit.

Question: What's a contingency fee and how does it contribute to the medical malpratice crisis?

Answer: A contingency fee is an agreement between the client and the lawyer that the legal council will work without hourly charge in order to collect a percentage of the winnings in an award/settlement. This is mostly done in personal injury cases where the plaintiff may not have that much money, but their insurance companies or defendants do. It plays on the idea that the lawyer will work for free in order to tap into those deep pockets of the defendant at the judgment. Regarding medical malpractice, I can only assume that you are talking about the amount of people suing practitioners these days. Personal injury attorneys are more than happy to pick up these. They are banking on the idea that the Doctor or institution will have a big payout if they can prove their client's side. Attorneys make it sound so easy on television to claim huge payouts that the slightest mishap by a Dr. will probably be sued against. Hope this helps!

Question: Looking for a New Jersey probate lawyer who is willing to work on a case for a contingency fee with no? retainer. Union county or vicinity.

Answer: No lawyer working on a contingency basis should ask for a retainer. A retainer is to be applied to fees and disbursements as they are accrued. If they are on a contingency there are no fees unless they are successful. Do you want to apply for probate or administration of an estate? If so and you are reasonably the likely person to be appointed you can normally get the court costs fronted by one of the accounts held by the deceased, provided you have a lawyer.

Question: attorneys often malpractice cases on a contingency fee arrangement which means their fees? a.are contingent on the clients satisfaction. b.can be renegotiated after the case is over. c.are a percentage of recovery. d.can be increased when judgment is made

Answer: c.

Question: Contingency fee bankruptcy attorney in LA? A person who filed for bankrutpcy owes me a big sum of moneys. He also has done many fraudulent things towards my case. Looking for an attorney to take on this case on a contingency basis in LA.

Answer: call the los angeles county bar association. They have a lawyer referral service. 213 243 1525.

Question: what is the average contingency fee of a personal injury lawyer?

Answer: Average is 1/3. The fees generally range from 30-40%, but 1/3 is the most common. Note, this is significantly higher than they make on an hourly basis due to the significant risk they end up with nothing at all after they've fronted the litigation costs.

Question: Is an attorney's contingency fee applied to weekly disability payments or only the lump sum settlement? in regards to permanent work injury

Answer: It depends on the particular attorney. He can do it either way.

Question: Attorneys may use contingency fee agreements in criminal cases? true or false?

Answer: False. In the USA, a contingent fee is when the fee is only payable where the case has a favorable win. This can be know in law as the "no win no fee" system. Rules for criminal law retainers may resemble the same as other areas of law with a couple of exceptions. First, a contingency fee in a criminal case is improper. Second, the requirements for arbitrating fee disputes is inapplicable to criminal law retainers. Most jurisdictions in the United States prohibit a contingent fee in family law or criminal cases, which is clearly definine in Rule 1.5(d) of the Model Rules of Professional Conduct of the American Bar Association. Contingency fees are the standard in personal injury cases and are less common in other types of litigation. Contingent fee agreements are legal in some provinces of Canada. Many countries prohibit contingent fees.

Question: If you had to get a lawyer in NC and CA could they divide the contingency fee? I got into a car accident in CA and was living in CA at the time. About 6 months later I had to move back to NC. I still live in NC. Before I got into the accident I had broken my spine. THe day I got into the accident was about 7 months into healing of my spine. I am still going through therapy and seeing the dr. I didn't have apid like I did before the fusion (after the accident if got worse) My question is, I have been told that I have to get a lawyer from NC and CA to file suit against the insurance company. I have medical damages from that accident. I will eventually have to have another fusion of my spine done as well because of that accident. But, if I get both lawyers that will kill any amount of money I get from the insurance. WIth some fees as small as 25% I had heard and some more plus fees. It will leave me with nothing. Well something but nothing comparibly to what the lawyers get. I have heard that some lawyers will pay out of their fee if another lawyer is needed. HELP

Answer: The accident occured in California why does a NC attorney need to get involved? That makes no sense. You only need the one attorney and make sure any medical treatments you are receiving his office continues to get those records. I had an accident in Florida and returned to New York to continue treatment and be closer to my family since I needed help. I never retained another attorney. At most you will eventually have to fly back to california.

Question: where can i find a lawyer that will sue for a contingency fee?

Answer: Call the local bar association for a referral. If no one will take the case on a contingency fee, there is an excellent chance you don't have a case.

Question: In California, are contingency fee agreements permissible in cases seeking an award of child support? Specifically, in cases attempting to establish paternity and to obtain an original award of child support, is there a Code section or Rule of Professional Conduct that is directly on point?

Answer: I'm not sure, but it seems to me that if allowed, an attorney would be hesitant to take a contingency fee payment. There are too many variables that would prevent the attorney from getting paid and thus make it very unlikely that an attorney would agree to a contingency fee arrangement. This California Bar website address on Rule 4-200 deals specifically with fees: http://www.calbar.ca.gov/state/calbar/ca…

Question: Lawyer wants 42% contingency fee -OR- attorney fee of $495/hr (which ever is higher at outcome)? Should I be concerned about signing with a lawyer that would propose this type of an arrangement? 42% contingency fee -OR- attorney fee of $495/hr + costs and expenses.

Answer: There's a lot of issues in play here, and not enough information. A lawyer's fee can't be realistically assessed without knowing things like: (a) The nature of your case. If you have a simple rear-ender car wreck, 42% is on the high side, but not unheard-of (average is 30-35%). A huge medical malpractice or pharmaceutical death case, on the other hand, can cost hundreds of thousands of dollars to litigate (out of the lawyer's pocket), with NO guarantee that he'll ever be repaid. You want him to take a high risk, he's going to expect a high reward. (b) The complexity of your case. A shareholders' derivative action is going to cost more than the old rear-end example. (c) The "value" of your case. If your likelihood of recovering a "donut" is high, the lawyer is going to want more money. Risk vs. reward again. (d) The lawyer's reputation, skill, training and experience. The better the lawyer, the higher fee he can command. (e) The "market" where you live. In Pine Bluff, Arkansas, $495 is a lot of money. In NYC ... wouldn't even raise an eyebrow. Partners at major law firms in "high" markets (like NYC for example) will routinely bill upwards of $500 an hour. A decent 850 sq. ft. apartment in NYC costs $4K a month, so what do you think a high-profile lawyer is going to charge? That arrangement does seem a little ... excessive, but depending on the facts, it might not be *quite* as unreasonable as it sounds. The beauty of being the client is: everything is negotiable. You can always take your business elsewhere.