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 New Mexico Contingency Fee Agreement with an Attorney or Law Firm is a legal contract between a client and an attorney or law firm outlining the terms and conditions of the attorney's compensation. This agreement is commonly used in personal injury cases and other civil litigation matters, allowing the client to hire legal representation without upfront payment. In New Mexico, there are various types of contingency fee agreements available, depending on the specific legal matter and the preferences of the parties involved. Some common types include: 1. Personal Injury Contingency Fee Agreement: This type of agreement is often utilized in cases where the client has suffered injury or harm due to another party's negligence. Personal injury attorneys typically work on a contingency basis, taking a predetermined percentage (usually around 33% to 40%) of the final settlement or judgment as their fee. In this agreement, the attorney covers all legal expenses associated with the case. 2. Medical Malpractice Contingency Fee Agreement: In medical malpractice cases, where negligence or substandard medical care leads to harm, the attorney typically enters into a contingency fee agreement. The attorney will usually take a certain percentage of the settlement or judgment as their fee, often around 33% to 40%. Any expenses incurred throughout the legal process are generally covered by the attorney. 3. Contract Disputes Contingency Fee Agreement: In contract dispute cases, where there is a breach of contract or disagreement between parties, a contingency fee agreement can be established. The attorney's fee is usually a percentage of the recovered amount, often around 25% to 40%. The attorney may also be responsible for legal expenses incurred during the case. 4. Employment Litigation Contingency Fee Agreement: In cases involving employment law disputes such as wrongful termination, wage and hour violations, or workplace discrimination, attorneys may enter into a contingency fee agreement. The fee is typically a percentage of the settlement or judgment, ranging from 25% to 40%. Legal expenses are usually covered by the attorney. 5. Class Action Contingency Fee Agreement: In class action lawsuits, where a group of individuals is represented collectively against a defendant, a contingency fee agreement is often used. The attorney or law firm receives a predetermined percentage of the total award or settlement, often set by the court. Legal expenses are typically covered by the attorney irrespective of the outcome. It's important to note that the specific terms of a contingency fee agreement can vary depending on the attorney, law firm, and the complexity of the case. It is crucial for both parties to carefully review and understand the agreement before proceeding with legal representation. Only qualified legal professionals are authorized to draft Contingency Fee Agreements, and it is recommended to consult with an attorney before entering into such an agreement.A New Mexico Contingency Fee Agreement with an Attorney or Law Firm is a legal contract between a client and an attorney or law firm outlining the terms and conditions of the attorney's compensation. This agreement is commonly used in personal injury cases and other civil litigation matters, allowing the client to hire legal representation without upfront payment. In New Mexico, there are various types of contingency fee agreements available, depending on the specific legal matter and the preferences of the parties involved. Some common types include: 1. Personal Injury Contingency Fee Agreement: This type of agreement is often utilized in cases where the client has suffered injury or harm due to another party's negligence. Personal injury attorneys typically work on a contingency basis, taking a predetermined percentage (usually around 33% to 40%) of the final settlement or judgment as their fee. In this agreement, the attorney covers all legal expenses associated with the case. 2. Medical Malpractice Contingency Fee Agreement: In medical malpractice cases, where negligence or substandard medical care leads to harm, the attorney typically enters into a contingency fee agreement. The attorney will usually take a certain percentage of the settlement or judgment as their fee, often around 33% to 40%. Any expenses incurred throughout the legal process are generally covered by the attorney. 3. Contract Disputes Contingency Fee Agreement: In contract dispute cases, where there is a breach of contract or disagreement between parties, a contingency fee agreement can be established. The attorney's fee is usually a percentage of the recovered amount, often around 25% to 40%. The attorney may also be responsible for legal expenses incurred during the case. 4. Employment Litigation Contingency Fee Agreement: In cases involving employment law disputes such as wrongful termination, wage and hour violations, or workplace discrimination, attorneys may enter into a contingency fee agreement. The fee is typically a percentage of the settlement or judgment, ranging from 25% to 40%. Legal expenses are usually covered by the attorney. 5. Class Action Contingency Fee Agreement: In class action lawsuits, where a group of individuals is represented collectively against a defendant, a contingency fee agreement is often used. The attorney or law firm receives a predetermined percentage of the total award or settlement, often set by the court. Legal expenses are typically covered by the attorney irrespective of the outcome. It's important to note that the specific terms of a contingency fee agreement can vary depending on the attorney, law firm, and the complexity of the case. It is crucial for both parties to carefully review and understand the agreement before proceeding with legal representation. Only qualified legal professionals are authorized to draft Contingency Fee Agreements, and it is recommended to consult with an attorney before entering into such an agreement.