There are various types of attorney fee arrangements such as time based, fixed, or contingent. Time based means a fee that is determined by the amount of time involved, such as so much per hour, day or week. Fixed means a fee that is based on an agreed amount, regardless of the time or effort involved or the result obtained. Contingent means a certain agreed percentage or amount that is payable only upon attaining a recovery, regardless of the time or effort involved.
With a contingent fee arrangement, the lawyer receives no fee unless money is recovered for the client. Upon recovery, the lawyer is paid an agreed-upon percentage, usually ranging from an amount equal to 25 to 50 percent of the amount recovered. A written fee agreement should specify the costs and expenses to be deducted and whether such costs and expenses are to be deducted before or after the contingent fee is calculated. Contingent fee agreements are generally not permitted for criminal cases or domestic relations matters.
Even if there is no recovery, however, the client is still responsible for court costs (filing fees, subpoena fees, etc.) and related expenses, such as telephone charges, investigators' fees, medical reports, and other costs.
This form is a fairly typical contingent fee agreement
A Maine Contingency Fee Agreement with an Attorney or Law Firm is a legally binding contract between a client and their attorney or law firm. In this type of agreement, the attorney's fees are contingent upon the successful outcome of the case, meaning that the attorney will only receive payment if they win or settle the case in favor of the client. The purpose of a contingency fee agreement is to provide access to legal representation for individuals who may not be able to afford the high costs typically associated with hiring an attorney. It allows clients to pursue their legal rights and seek compensation without worrying about upfront payment for legal services. Some key elements typically included in a Maine Contingency Fee Agreement are: 1. Percentage of Recovery: The agreement outlines the percentage of the recovery that the attorney will receive as their fee. This percentage is usually based on a sliding scale, where the attorney's fee increases as the recovery amount increases. 2. Expenses and Costs: The agreement should clearly state whether the client will be responsible for reimbursing the attorney for any expenses incurred during the case, such as court filing fees, expert witness fees, and other related costs. 3. Termination Provision: This provision outlines the conditions under which either party can terminate the agreement. It may include factors such as the attorney's failure to act diligently, the client's failure to cooperate, or other justifiable reasons. 4. Scope of Representation: The agreement should define the scope of the attorney's representation and specify the legal issues or claims that will be pursued on behalf of the client. This helps to ensure that both parties have a clear understanding of the attorney's responsibilities. 5. Settlement or Trial: The agreement should address whether the attorney has the authority to settle the case on behalf of the client or if the client's consent is required. It should also outline how the attorney's fee will be calculated in the event of a settlement versus a trial. In addition to the general contingency fee agreement, there may be specific types of agreements based on the nature of the case or specific legal areas. Some different types of contingency fee agreements used in Maine include: 1. Personal Injury Contingency Fee Agreement: This type of agreement is commonly used for cases involving injuries caused by accidents, medical malpractice, or wrongful death. The attorney's fee is typically a percentage of the compensation recovered in the case. 2. Employment Law Contingency Fee Agreement: This agreement is relevant for cases involving workplace discrimination, wrongful termination, or wage and hour disputes. The attorney's fee is contingent upon successfully resolving the client's employment-related claims. 3. Product Liability Contingency Fee Agreement: In cases where a client is injured due to a defective product, this type of agreement may be utilized. The attorney's fee is based on a percentage of the compensation obtained for the defective product's damages. Maine Contingency Fee Agreements with an Attorney or Law Firm provide clients the opportunity to pursue legal action without the upfront financial burden. It's crucial for both parties to carefully review and understand the terms of the agreement before signing, ensuring a fair and transparent relationship throughout the legal process.
