In consideration for legal services to be rendered by a law office, the client agrees to pay the law firm a percentage of all amounts recovered on behalf of the client. The law firm and the client agree that no attorney-client relationship will exist until the law firm has received from client an initial retainer fee.
Illinois Legal Services Agreement - Contingent
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That is, generally in a contingency fee agreement, the lawyer only receives compensation if the lawyer has successfully represented the client. Further, the amount the lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles.
A typical contingency fee percentage is anywhere from 30 to 40% of your recovery. Your contingency fee agreement will set out the exact percentage. These percentages are often staggered so that your lawyer will get a higher percentage if the case goes to trial ? which requires more time and work for their law firm.
The percentage of the lawyer's contingency fee varies from state-to-state and depending on the type of case and facts. Typically in Illinois attorneys charge between 1/3 to 40% of the total amount they recover for you.
Sec. 2-1114. Contingent fees for attorneys in medical malpractice actions. (a) In all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums recovered.
In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to 40 percent) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.
In the United States, lawyers are unable to use contingency fees for criminal cases, divorce and family law cases, and domestic relations cases, with similar rules in Canada. With criminal cases, there is usually no financial recovery, so using a contingency agreement to cover payment would be useless.
(c) Nonrefundable fees and nonrefundable retainers are prohibited. Any agreement that purports to restrict a client's right to terminate the representation or that unreasonably restricts a client's right to obtain a refund of unearned or unreasonable fees is prohibited.
