Comments on: What is a Contingency Fee in a Personal Injury Case?

By: Tob

Tob — Thu, 23 Dec 2010 18:31:39 +0000

In short, a contingency fee is a fee that is payable only if the outcome is successful. For example, a lawyer gets a percentage of the money if the client wins the case.

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Fri, 03 Aug 2007 08:59:24 +0000

The bottom line Bob is that we can give a ball park figure based on experience, however, a lawyer would be stupid for doing so. The first thing they teach us in law school is not to make guarantees, because we have no real way of knowing what a certain case may settle for, or what a judgment in the case may be. It would be unethical to predict the future!

If we give you a ball park and you don't get the ball park for whatever reason, then you will complain that we told you that you would get so much, etc. It is a no win for any lawyer to predict the future because we cannot.

A form of trickery and lying would be to give you a ball park on a case. There are too many things that can happen in a case to screw it up, including the actual client themselves.

Hell if I could predict the future I would win the lottery every time and I would not be practicing law.

We lawyers are not clairvoyant. In my case I expect cases to settle in a certain range based upon many factors. However, each case is different and no two are the same. When you put a case up in front of a jury all bets are off and anything is possible!

Good luck in your search for a lawyer.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sun, 01 Apr 2007 01:28:29 +0000

I cannot comment on this specific situation other than to say that if the lawyer agreed to take the case on a contingency basis and then turned around requested an hourly fee; I would be concerned!

I myself do not charge money for an initial consultation.

I do not have enough facts or information to comment in this situation.

Norm

By: Bob

Bob — Tue, 30 Nov -0001 00:00:00 +0000

I read this article today. I don’t really know why, but Personal Injury was clicked by the mouse. In your article, towards the last you wrote, Misconception 2. I am curious, is it wrong when one hands a lawyer $250.00 for a consultation,long distances calls speak with you, then the appointment is made to call back to speak to Mr. So & So. You pay out of our pocket to the investigator $2,500 and you get a witness and people who were aware. Corrobrating evidence follows. A inspector from BPR is proof positive on a cell phone recorded message. Things look really good and all the sudden, you are asked for a payment of $10,000 to file and start the ball running and costs on a case like this can run $65,000. Now, we remember the day the $250.00 consultation fee was paid, one was given big hope, told a case to pursue and then be required to sign many papers agreeing to a contingency fee upon recovery of money. What does one do when this same lawyer has been referred to them as being the best in the State of Florida for whistle-blowing and wrongful termination???? These attorneys are not listed in the yellow page directory..

By: bob jones

bob jones — Tue, 30 Nov -0001 00:00:00 +0000

On the Quote below. I agree with the math but what he fails to mention is... Very few if any lawyers will talk about money before you sign. That example is just trickery. This is an attempt to make on think that 33% means you will get more money because that attorney will get more money that the 25% guy. The only way to prove this would be to go to trial with attorney A get the settlement then take a time machine and do the same case with a different attourney. I wish I had a time machine because this is the problem I am having in selecting a lawyer. They all get very hazy when it comes to the amount of money the case could be worth. They usually say it will become clear (After you sign the contract) well then its too late. I would like to know at least a ball park figure before I sign. Saying they can't do this is a form of lying. They must have an idea or they would not want to take the case to begin with. I can't get in ones head but I would assume the process is something like this:
1) is the case winnable? if Yes 2) how much can I hope to win then do the math 1/3 for my take. 4. If potential client asks me my thoughts my reply is the standard "Its very difficult to say, do some standard evasion answers and change the subject but leave them knowing that if they sign I will be able to answer that one with more time.

I know this to be true because I am interviewing lawyers right now. I plan to do about 20 then choose the ones that seems to be the most competent and client-honest. They really can't expect unearned trust, not being able to give a ballpark range of expected outcomes (In a win) tells me they are either too inexperienced or lying to me either way
they are off the list for me.

"keep in mind that not all personal injury lawyers are created equally. If you choose a lawyer that will take your case for 25% and he only gets you letÂ’s say $10,000.00 in your pocket, as opposed to choosing a lawyer that charges 40% but gets you $100,000.00 in your pocket, which one would you go with?