____________, 20__
____________________________
____________________________
____________________________
Attention: _________________
Dear __________:
We retain your law offices to represent us in regard to a claim against _____________________, related to ______________________.
Your fee shall be contingent on collection from the responsible parties, and shall be as follows:
_____ per cent for recovery before suit
_____ per cent for recovery after suit is instituted
_____ per cent for recovery if an appeal is required
Out of pocket costs reasonably expended and with prior approval of us will be deducted from settlement.
If not funds are collected, then we are not responsible for any costs, including your firms out of pocket expenses.
If this arrangement is acceptable, please sign and return a copy of this letter to us.
Best regards,
__________________________________________
Plaintiff
Accepted: _________________________________
Law Firm
Enc. Extra Copy for Signature and Return
Lawyer Retainer Agreement, ContingencyReview List
This review list is provided to inform you about this document in question and assist you in its preparation. Contingency law suits benefit both the plaintiff, by only having them pay if they win, and lawyers, by giving them a big potential payday should they win. If you are the Plaintiff, you should negotiate hard to get the lowest percentages from the lawyer. Instead of just shopping around for who you like, consider shopping also for the best deal, as you would for any other purchase.
1. Make multiple copies. Have the Lawyer sign one and return it. If you are the lawyer, have the client sign one and return it.
2. You may have to negotiate on out of pocket expenses. If so, shop for the best deal and act according to your best judgment with regard to keeping this clause or providing some payment of these expenses.
3. Lawyers should think seriously about using this short form agreement so as not to intimidate a potential client. It lacks a lot of the brutality seen in many agreements but it accomplishes most of the same ends. Its reasonableness will also help you retain the good will of the client, always a good thing.
"If there is an issue related to parenting time or custody, the family court will recommend alternate dispute resolution if possible. However if the issue does need to be settled in court seek a paternity lawyer who will require a retainer agreement."
The average retainer for a construction lawyer in Maryland is $2000-$2500
It's possible that the attorney is entitled to some remuneration because his client (you) won't let him proceed. What kind of contract did a client enter into with his attorney? Certainly the attorney isn't compensated if he loses the case - that's usually what a contingency is all about. No win, no pay. But if you tell your attorney you wish to drop the suit, that's another matter. The contingency agreement only applies if your lawyer tries and fails, not if you throw in the towel and call him off. Good luck with this one.
Contingency
The term usually used is "on retainer." A retainer is basically a fee paid up front for the services of a lawyer. The details vary, but usually it works something like this: The client arranges with the lawyer to represent him in either a specific legal matter (with details to come later) or just in general (as needed). The client pays the lawyer some amount of money up front. When/if the client actually uses the lawyer's services, the cost is deducted from the amount already paid. When the costs of the services approach the amount of the retainer, the lawyer and the client must reach some other arrangement. Should the client NOT use the services of the lawyer, the retainer fee is (usually) considered refundable. What you're describing sounds like something else, since the payments are made up front in a typical retainer agreement.
Generally the attorney will be allowed to keep any retainer and bill the client for a fair amount based upon the work that has already been done. If the suit was taken on a contingency basis and the plaintiff/client drops the suit the attorney can still bill the client for the amount stated in the terms of the contractual agreement.
A standard contingency fee for a legal proceeding is 33% of any winnings. This means that if the lawyer does not win a settlement for the client, then the lawyer does not receive any payment.
Picking up your retainer.
The website ContingencyCase lists lawyers nationwide who will work on a contingency basis. LegalMatch is another site that can help a person find a lawyer who will work on contingency.
One can find an attorney that will work on contingency by comparing all available attorneys. In a contingency fee arrangement, a lawyer agrees to represent one and to get paid only if one wins.
It depends on the DUI lawyer. It will probably be somewhere between $2,500 and $10,000 for an initial retainer.
First and foremost you should ask to speak with an experienced representative. Then see what their contingency fee agreement is, then what their rates are. Then ask them why they think you have a good case if they think you do. Plus a little research and google go a long ways with finding a good lawyer.