How do I find a lawyer who'll work on contingency?

Question

I was severely injured by someone acting recklessly on an ice rink last month and would like to sue the other skater and possibly the rink. Unfortunately, I don't have the money to pay an attorney up front. How do I find a lawyer who will agree to get paid out of the award and take a lawsuit on contingency?

Answer

In a contingency fee arrangement, the lawyer who represents you will get 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. Be aware that unless you make other provisions, you'll likely be responsible for paying the costs in your personal injury case, as well, such as filing, service, and expert fees.

Not all lawyers will take contingency cases because they require an attorney to do a significant amount of work without pay—at least for an extended period. Even if it’s a winning case, some attorneys aren’t financially set up to take on such matters. They need the 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 the following:

• ask friends and relatives
• do a Google search (for example, “contingency attorneys in San Diego”)
• contact your state bar association, or
• use an online attorney referral service.

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 educated guess about how complicated the case will be and how much time it will take. Lawyers are most likely to take matters on contingency if they think that the expected recoveries are significant enough to make it worth their while.

Once you find an attorney willing to take a case on a contingency basis, 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 (without your consent). Also, a client should be advised to seek counsel from an independent attorney before agreeing to any changes to be sure that the amendment is in the client’s best interests.

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