Law Offices of Craig Willford
Contingency Fee Matters and Rates
Data as of May 5, 2010
- Under most circumstances in which the attorney fees are not court
supervised, the attorney fees are paid, in advance, based on an hourly rate.
- There are certain conditions where, at the client's choice, the attorney can
consider taking the matter on a contingency fee basis. This usually happens when the client cannot
afford to pay hourly rates with cash in advance, especially when the case is likely to be large and
- For me to take any matter on contingency, there must be several factors
present. First, there must be an adequate likelihood of success when taken into account the size of
the matter being litigated. Second, it must be something liquid so that if we win, I get paid in cash,
not a fractional ownership in something. Third, I must have a not excessive portfolio of other
matters on contingency at the same time.
- If I choose to take the matter on contingency, then the normal basis is that
I get paid (if we win) 33.333333% of the sums we settle for before the date first set for trial and
40% if after that date. The reason for the extra fee after that date is that there is a great deal of
extra work associated with the last month of preparation for trial: I earn the extra fee if I have to
prepare for trial, even if the date of trial gets continued at the last minute (and even if then it
settles before going to the next trial date).
This page and all pages of the www.craigwillford.com web site is copyright by Craig Willford on
various dates; this page in 2005 and 2010.