Do lawyers take cases on contingency?
Andrew Campbell
Updated on February 12, 2026
A client pays a contingent fees to a lawyer only if the lawyer handles a case successfully. In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client.
What is the contingency fee for personal injury?
Contingency Fee Percentages Most contingency fee agreements give the lawyer a percentage of between 33 and 40 percent, but you can always try to negotiate a reduced percentage or alternative agreement. In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award.
In what kind of cases are contingency fees prohibited?
State rules may prohibit the use of contingency fees in certain circumstances. Under ABA Model Rule 1.5(d), contingency fees are not allowed for the following cases: Divorce cases in which the fee is contingent on the securing of a divorce or the amount of alimoney, support, or property settlement to be obtained.
Do lawyers want money up front?
As a matter of internal policy, a lawyer may request a retainer fee before agreeing to accept your case or complete any work on it. However, you do not have to pay such a fee if you are not comfortable with the idea.
What do most lawyers charge for a contingency fee?
What is a typical percentage for contingency fees? In general, contingency fee percentages range from 33% to 40%, depending on the amount the client could potentially win, the strength of the case, and other factors.
What is the danger posed by contingent fees in family law cases?
Contingency fee cases can sometimes be seen as a risk, because the lawyer does not get paid unless they win the case. However, the risk is lower if you are more likely to win your case. With a lower risk, the more likely you are to find an attorney willing to take the case.