How Do I Find a Lawyer Who Will Work on Contingency?

If you don't have the money to pay an attorney to represent you, it's possible to find someone who will agree to take the lawsuit and be paid out of the award if the case is successful. Learn about contingency fee arrangements and the types of legal actions a lawyer will accept on a contingency basis.

How a Contingency Fee Works

In a contingency fee arrangement, the lawyer representing you gets paid by taking a percentage of your award as a fee for services. If you lose, the attorney receives nothing. This situation works well when you have a winning lawsuit.

Many lawyers will agree to accept the case in exchange for a significant portion of your settlement or award—33% to 40% on average. However, you should be aware that unless you make other provisions, you'll likely be responsible for paying the costs in your personal injury case, such as filing, service, and expert fees, in addition to the contingency fee amount.

Finding Contingency Lawyers

Not all lawyers will take contingency cases, as they require a significant amount of work without pay for an extended period. Even if it's a winning case, some attorneys might not be financially prepared to take it on. They need a steady flow of paying clients to cover office costs and other expenses.

Some of the best ways to find a lawyer who will work on contingency include:

• asking friends and relatives
• doing a Google search (for example, "contingency attorneys in San Diego")
• contacting your state bar association, or
• using an online attorney referral service.

Contingency Fee Case Types

Not all lawsuits are potential contingency cases. For instance, if you need a contract drafted, you must pay the lawyer for the time spent. In contrast, if you are severely injured by someone acting recklessly on an ice rink and want to sue the other skater and possibly the rink, an attorney might agree to file a lawsuit and get paid out of the award, as the case involves receiving money from someone else.

Typical sorts of cases that lawyers will take on a contingency fee include those involving:

• personal injuries
• employment discrimination
• sexual harassment
• medical malpractice, and
• other lawsuits in which there will likely be a substantial recovery.

A lawyer evaluating a possible contingency fee will make an informed estimate of how complicated the case is likely to be and how long it is expected to take. A lawyer is most likely to take a matter on contingency if it's a "big dollar" case and the expected recovery is substantial enough to make it worthwhile.

Once you find an attorney willing to take a case on a contingency basis, be sure to ask questions. Not only is it essential to be confident in the lawyer's expertise, but it's also good practice to inquire about:

• how the lawyer will approach your case
• a fee estimate
• the likelihood of success, and
• how much the lawyer expects you'll receive in damages.

Keep in mind that it isn't ethical for an attorney to change the fee agreement unilaterally or without your consent. Additionally, a client should consult with an independent attorney before agreeing to any changes to ensure the amendment is in their best interests.

For more information, read What You Should Expect From a Lawyer.