Contingency Fee Agreement
Many potential clients who have been injured as a result of an accident cannot afford to retain a personal injury lawyer on an hourly basis. In the tri-county area of Berks County, Chester County and Montgomery County, the professional hourly rates of lawyers range anywhere from $125.00 an hour for a novice lawyer to $225.00 an hour for a seasoned lawyer. Consequently, if a lawyer handled the personal injury case on an hourly rate, the client would have to pay out of his or her pocket substantial sums of money.
A personal injury lawyer does not charge an hourly rate on average. He or she charges a fee based upon the outcome of the personal injury case. Generally speaking, a lawyer will agree to accept and prosecute a personal injury matter in return for receiving anywhere from 25% to 40% of the gross amount recovered plus out-of-pocket expenses. The contingent fee of 25%, generally speaking, is for pain and suffering of a minor under the age of 18. The most common contingent fee in the tri-county area is 33.3%.
Lawyers by law must enter into a written employment contract wherein the client agrees to the terms, and for the professional services rendered agrees to pay a percentage of the gross amount of recovery received by the client. In addition, the client is responsible for all court costs and other out-of-pocket expenses incurred by the lawyer in the investigation and prosecution of the claim. It is understood between the lawyer and the client that his or her services are entirely contingent upon the lawyer obtaining a recovery for the client. In the event there is no recovery for any reason whatsoever, the client is not responsible for payment of any legal fees associated with the investigation and prosecution of the claim.


