In the aftermath of an injury accident, you may wonder how you’ll pay for a lawyer, particularly if you can’t work due to your injuries. Contingency fees and retainer fees are the two most common legal fee arrangements for personal injury cases. Knowing the difference between contingency fee vs. retainer structures can help you make an informed decision when meeting with potential lawyers.
At Warnett Hallen LLP, we exclusively handle cases on contingency. We believe you shouldn’t have to worry about the cost of legal representation when recuperating from a serious injury. To discuss your case with an experienced contingency fee lawyer and learn more about our payment structure, contact us today to schedule a free consultation with a member of our dedicated legal team.
The right fee structure for you depends on the type of legal matter you need to address, your financial situation, and whether you expect to recover compensation at the end of the case.
If you’re pursuing a personal injury claim and can’t afford to pay right away — a common concern when a person is facing unexpected medical expenses and a loss of income — a contingency arrangement makes a lot of sense. If you need help with a matter that involves legal advice, drafting, or ongoing representation, a retainer may be more appropriate. Any time you meet with a lawyer, review the fee agreement carefully so you understand the structure and your responsibilities.
Contingency fees are most common in personal injury cases. This structure can make legal help more accessible. Retainer fees are more common in matters such as business disputes, family law, criminal defence, and estate planning. In those cases, the lawyer is paid for their ongoing work.
The main difference between the two legal fee structures lies in when and how the lawyer is paid. With a contingency arrangement, the lawyer’s payment depends on the outcome of the case. With a retainer arrangement, you pay in advance, and the lawyer draws from that deposit while working. Contingency fees are tied to results, while retainer fees are tied to the time and labour involved in handling the case.
A retainer agreement lawyer usually requires you to pay an amount of money up front for their legal services. The lawyer then bills against that amount as they complete legal work on your case. If the cost of services exceeds the retainer fee, you may have to replenish it. This fee structure is common in non-injury legal matters.
A lawyer who works on contingency only gets paid if they recover compensation for you through a settlement or court award. Instead of charging you upfront, the lawyer takes an agreed-upon percentage of the recovery — and if there’s no financial recovery, you don’t pay the lawyer’s fee for their work.