Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Can a lawyer back out of a contingency fee arrangement?

Question:

What does the word "contingency" mean in a contingency contract with a lawyer? Also, once a contingency fee contract is signed with a lawyer, is it ethical for the lawyer to verbally attempt to change the terms of that contract?

Answer:

First, lest you feel alone, you should know that disputes over fees are the most common point of contention between lawyers and their clients -- or former clients, as is often the case.

In lawyer contract discussions, "contingency" usually means that the lawyer's fee is contingent (dependent) on the outcome: The lawyer gets paid if the court awards and the client collects a recovery. If there is no recovery, the lawyer does not get paid .

It is not ethical for an attorney to change the fee agreement midstream unless the client is advised to seek the advice of an independent attorney before agreeing to the change. And it is usually best to seek an independent opinion if the lawyer is suggesting a change in the fee agreement.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All IRS Audits products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.