Personal Injury · Haute Lawyer Network

    How Do Contingency Fees Work?

    Last reviewed: October 2026 · Jurisdiction: United States (examples: Florida, federal)

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    What percentage do contingency fee lawyers take?

    It depends on the agreement and the state. Many states leave it to the lawyer and client, subject to a reasonableness rule. Some cap it: in Florida personal injury cases, the cap is 33⅓% of the first $1 million before the defendant files an answer and 40% after. Federal tort claims are capped at 20% or 25%.

    Do I pay anything upfront?

    Usually no attorney's fee upfront. Ask whether the firm advances case costs, and whether you owe those costs if there's no recovery. The agreement has to say.

    Are costs taken out before or after the lawyer's percentage?

    Either, depending on the agreement, and it changes what you take home. The ABA Model Rules require the written agreement to say which (Rule 1.5(c)).

    Are contingency fees negotiable?

    Often. Fee agreements are contracts, so the percentage, the stages and how costs are handled can be discussed before you sign, within any cap your state sets.

    Can a divorce or criminal lawyer work on contingency?

    No. The ABA Model Rules, and most states' versions, prohibit contingency fees in criminal defense and in divorce, alimony or support matters where the fee depends on the outcome.

    What happens if I fire my contingency fee lawyer?

    The lawyer may still be entitled to a fee for work already done, often paid from any eventual recovery. The details depend on your agreement and state law, so read the termination clause before you sign.

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    This information is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.