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 South Carolina Contingency Fee Agreement with an Attorney or Law Firm is a legally binding document that establishes the terms and conditions under which an attorney or law firm will provide their services on a contingency fee basis. This agreement is commonly used in personal injury cases, where the attorney's fee is contingent upon the successful outcome of the case. In a South Carolina Contingency Fee Agreement, the attorney and the client agree that the attorney's fee will be a percentage of the amount recovered in the case. This means that the attorney will only be paid if they are able to obtain a favorable settlement or judgment for the client. The specific percentage is typically negotiated between the attorney and the client and may vary depending on the complexity of the case and the potential risks involved. One type of South Carolina Contingency Fee Agreement is a Standard Contingency Fee Agreement. In this agreement, the attorney's fee is predetermined based on a set percentage, which is typically around 33% to 40% of the recovered amount. This type of agreement is commonly used in personal injury cases, such as car accidents, slip and falls, or medical malpractice. Another type of South Carolina Contingency Fee Agreement is a Graduated Contingency Fee Agreement. In this agreement, the attorney's fee may vary depending on certain milestones or stages reached throughout the legal process. For example, the fee percentage may be lower if the case settles before trial, but higher if it goes to trial or results in an appeal. Additionally, there may be specific provisions included in a South Carolina Contingency Fee Agreement, such as reimbursement of costs and expenses incurred by the attorney during the case. These expenses can include court filing fees, deposition fees, expert witness fees, and other necessary expenses. It is important for both the attorney and the client to understand and agree upon how these costs will be handled and repaid. In summary, a South Carolina Contingency Fee Agreement with an Attorney or Law Firm is a contractual agreement that outlines the terms of representation in a case where the attorney's fees are contingent upon the outcome. This type of agreement provides individuals with access to legal representation they may not be able to afford upfront while allowing attorneys to take on cases with potentially higher risks. It is important for both parties to carefully review and negotiate the terms of the agreement to ensure a fair and mutually beneficial arrangement.
