ABA Family Legal Guide

When and How to Use a Lawyer

1.4 Legal Fees and Expenses

1.4a Types of Fees

If my lawyer and I agree to a contingent fee arrangement, should the method of settling my case affect the amount of my lawyer's fee?

Yes, but only if both of you agree beforehand. If the lawyer settles the case before going to trial, less legal work may be required. On the other hand, the lawyer may have to prepare for trial, with all its costs and expenses, before a settlement can be negotiated.

You can try to negotiate an agreement in which the lawyer accepts a lower percentage if he or she settles the case easily and quickly or before a lawsuit is filed in court. However, many lawyers might not agree to those terms.