Define: Defence Contingent Fee

A defence contingent fee is a payment arrangement between a client and their defence attorney, where the attorney’s fees are contingent upon the outcome of the case. This means that the attorney will only receive payment if they are successful in defending the client.

Under a defence contingent fee agreement, the attorney agrees to represent the client without charging any upfront fees. Instead, the attorney’s fees are calculated as a percentage of the amount recovered or saved by the client in the case. If the client does not win or save any money, the attorney does not receive any payment.

One advantage of a defence contingent fee is that it allows individuals who may not have the financial means to hire an attorney to still have access to legal representation. It also aligns the attorney’s interests with the client’s, as the attorney only gets paid if they are successful in defending the client.

One potential risk is that if the client loses the case or does not recover any money, they may still be responsible for certain costs and expenses incurred during the legal process, such as court fees or expert witness fees. It is important to discuss these potential costs with the attorney before entering into a contingent fee agreement.

While many types of cases can be handled on a defence contingent fee basis, it ultimately depends on the attorney’s discretion. Some cases, such as criminal defence or personal injury cases, are more commonly handled on a contingent fee basis, while others, such as contract disputes or intellectual property matters, may not be suitable for this type of fee arrangement.

The percentage for the defence contingent fee is typically negotiated between the client and the attorney. Factors that may influence the percentage include the complexity of the case, the potential recovery or savings, and the attorney’s experience and track record.

Yes, a defence contingent fee agreement can be negotiated between the client and the attorney. It is important to have a clear understanding of the terms and conditions of the agreement, including any potential costs or expenses that the client may be responsible for.

Attorneys have ethical obligations to their clients, including the duty to provide competent representation and to avoid conflicts of interest. When entering into a defence contingent fee agreement, attorneys must ensure that the fee arrangement is fair and reasonable, and that it does not compromise their professional obligations.

Yes, a defence contingent fee agreement can be terminated by either party. However, the terms of termination should be clearly outlined in the agreement to avoid any disputes or misunderstandings.

Yes, there are alternative fee arrangements that clients can explore, such as hourly billing or flat fees. It is important to discuss these options with the attorney to determine the most suitable fee arrangement for the specific case.