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In the law, a contingent fee is defined as a fee charged for a lawyer's services that is payable only if a lawsuit is successful or results in a favorable settlement, usually in the form of a percentage of the amount recovered on behalf of the client. [1]
A contingent fee, or contingency fee, is an attorney fee that is made contingent on the outcome of a case. A typical contingent fee in a tort case is normally one third to forty percent of the recovery, but the attorney does not recover a fee unless money is recovered for the client. States prohibit contingent fees in certain types of cases.
Under a contingent fee arrangement, the attorney for the plaintiff faces no consequences, other than lost time and effort, for bringing a suit that loses, but he can collect huge fees (typically 30% to 40% of the damages awarded) if he wins.
Attorneys who represent workers in employment lawsuits often agree to take a case on contingency — meaning they bear the legal costs and are paid only if they win or settle.
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[5] 28 U.S.C. § 1927 authorizes federal courts to award attorneys' fees and expenses against any attorney who unreasonably and vexatiously multiplies a proceeding. Federal courts also possess inherent authority to assess attorney’s fees and litigation costs against a plaintiff who has acted in bad faith, vexatiously, wantonly or for ...
For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, a 40% contingency fee if the case settles after the lawsuit is filed, or up to 45% if the lawsuit goes to trial.
Belzer's lawyers said they were entitled to 50% of the settlement instead of the regular 1/3 contingent fee, due to the "angst, aggravation and life's blood" they had spent on the case; the case continued in order to decide this. [1]
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