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Simple English definitions for legal terms
contingency fee
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A quick definition of contingency fee:
A contingency fee is a way that a lawyer gets paid for helping someone with a legal problem. Instead of getting paid by the hour, the lawyer gets a percentage of the money that the person gets if they win or settle the case. The lawyer only gets paid if they do a good job and help the person win. This kind of payment is often used in cases where someone is hurt and wants to sue for money. The lawyer might get between 20% to 50% of the money that the person gets. The rules say that the lawyer has to write down how much they will get paid and tell the person about any other costs. The lawyer also has to tell the person what happened in the case when it is over. Contingency fees are not allowed in some kinds of cases, like divorce or criminal cases. Some people like contingency fees because they can get help even if they don't have a lot of money. Other people don't like them because they think they might make lawyers take on too many cases or settle too quickly.
```A more thorough explanation:
A contingency fee is a type of payment that a lawyer receives for their legal services. Instead of charging a fixed hourly rate, the lawyer gets a percentage of the money that their client receives if they win or settle the case. This means that the lawyer only gets paid if they successfully represent their client.
Contingency fees are commonly used in personal injury cases, where the lawyer may receive between 20% to 50% of the recovery amount. For example, if a client wins a $100,000 settlement, and the contingency fee is 30%, the lawyer would receive $30,000.
Contingency fee agreements must be in writing and signed by the client. The agreement must state how the fee will be determined and any expenses that the client will be responsible for. The lawyer must also provide the client with a written statement at the end of the case.
Contingency fees are not allowed in domestic relations matters, such as divorce cases, or for the representation of a defendant in a criminal case.
Advocates of contingency fees argue that they improve access to justice for people who cannot afford legal representation, provide an incentive for lawyers to work hard for their clients, and allow clients to shift the risk of losing to the lawyer. Critics argue that contingency fees encourage frivolous lawsuits, incentivize lawyers to settle too soon and for too little, and that the fees are often too high relative to the risks that lawyers bear in a particular case.
Overall, contingency fees can be a useful way for clients to pay for legal services, but it is important to carefully consider the pros and cons before entering into a contingency fee agreement.