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What Is a Contingency Fee?

United States (federal and general)Last reviewed 2 August 2026

A contingency fee is a payment arrangement in which a lawyer agrees to represent a client without charging upfront fees, instead receiving a percentage of the client's recovery if the case is successful. If the case is lost, the client owes no attorney fees.

How Do Contingency Fees Work?

Direct Answer: A contingency fee is a payment arrangement where an attorney is paid only if the case succeeds, taking a pre-agreed percentage of the recovery — typically 33⅓% if settled and 40% if litigated to trial. If the case is lost, the client owes no attorney fees, only out-of-pocket costs in some agreements.

Under a contingency fee arrangement, the attorney agrees to provide legal representation in exchange for a percentage of the damages recovered through settlement or court verdict. This percentage is agreed upon before the attorney begins work and is formalised in a written retainer agreement.

The standard contingency fee in the United States is 33⅓% (one-third) of the gross or net recovery. However, many attorneys charge a sliding scale: for example, 33% if the case settles before a lawsuit is filed, and 40% if the case proceeds to trial. Some complex cases, such as medical malpractice or mass tort litigation, may command different percentages.

What Is the Difference Between Fees and Costs?

One of the most critical distinctions in contingency fee law is the difference between attorney fees and case costs. Attorney fees are the lawyer's professional compensation — the contingency percentage. Case costs are the expenses incurred in pursuing the claim: court filing fees, process server fees, medical record retrieval, expert witness fees, deposition transcripts, and similar disbursements.

In most contingency arrangements, the attorney advances these costs during the case and recoups them from the settlement or verdict. However, what happens to these costs if the case is lost varies by agreement. Some attorneys absorb the costs; others require the client to reimburse them regardless of outcome. This is a critical point to clarify before signing any retainer agreement.

How Are Contingency Fees Regulated?

Contingency fees are governed by the American Bar Association (ABA) Model Rules of Professional Conduct, specifically Rule 1.5, which requires that all fees — including contingency fees — be reasonable. Rule 1.5(c) requires that contingency fee agreements be in writing, signed by the client, and state the method by which the fee is to be determined. Rule 1.5(d) prohibits contingency fees in criminal cases and most domestic relations matters.

Each state adopts its own version of these rules. Some states impose additional requirements — for example, New York caps contingency fees in medical malpractice cases on a sliding scale, and New Jersey requires that contingency fee agreements include a specific statement that the fee is negotiable.

When Do Contingency Fees Apply?

Contingency fees are most commonly used in:

  • Personal injury claims (auto accidents, slip and fall, premises liability)
  • Medical malpractice
  • Employment discrimination and wrongful termination
  • Class actions and mass torts
  • Product liability
  • Civil rights claims (under fee-shifting statutes like 42 U.S.C. § 1988)
  • Consumer protection (FDCPA, TCPA, FCRA)
  • Social Security Disability (SSA caps at 25% or $9,200)

How Do US Contingency Fees Differ From UK No Win No Fee?

While often used interchangeably in casual conversation, the US contingency fee system and the UK's Conditional Fee Agreement (CFA) system are fundamentally different. In the US, the attorney takes a percentage of the damages. In the UK, the solicitor charges a success fee — a percentage uplift on their base costs. For a detailed comparison, see our UK no win no fee guide.

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Frequently Asked Questions

What is a contingency fee?

A contingency fee is a fee arrangement where an attorney's payment is contingent upon (depends on) a successful outcome in a case. The attorney receives a pre-agreed percentage of the client's recovery. If the case is lost, the attorney receives no fee for their professional services.

What percentage do contingency fee lawyers take?

Most contingency fee attorneys charge between 33⅓% (one-third) and 40% of the total recovery. The exact percentage depends on the complexity of the case, the stage at which it resolves, the jurisdiction, and the specific agreement between attorney and client. Some states cap contingency fees for certain case types.

Is a contingency fee the same as no win no fee?

Essentially, yes — in the US context. 'No win no fee' is the colloquial term for what attorneys call a contingency fee arrangement. The key principle is the same: you do not pay attorney fees unless your case succeeds. However, 'no win no fee' as used in the UK refers to a different legal mechanism (Conditional Fee Agreement).

What cases cannot use contingency fees?

Under the ABA Model Rules of Professional Conduct (Rule 1.5(d)), contingency fees are prohibited in criminal defence cases and in most domestic relations matters (divorce, custody, alimony). Individual states may impose additional restrictions. For example, some states cap contingency fees in medical malpractice cases.

Do I still pay costs if I lose on a contingency fee?

This depends on your specific agreement. Many contingency fee agreements state that the client is not responsible for case costs if the case is lost, but this is not universal. Some agreements require the client to reimburse case costs (filing fees, expert witness fees, deposition costs) regardless of outcome. Always read your retainer agreement carefully.

How are contingency fees regulated?

Contingency fees are regulated at the state level by state bar associations and state supreme courts. The ABA Model Rules of Professional Conduct provide a framework (Rule 1.5), but each state adopts its own version. Some states require specific disclosures, cap percentages for certain case types, or mandate that fee agreements be in writing.

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Cal. Bus. & Prof. Code § 6146 (medical malpractice attorney fees) · in force from 1 January 2023

    As amended by AB 35 (Stats. 2022 ch. 17 § 2): 25% if settled before a complaint or arbitration demand is filed, 33% after. The former 40/33⅓/25/15 sliding scale no longer applies.

  4. N.Y. Judiciary Law § 474-a (medical malpractice fee schedule)

    Sliding scale: 30% of the first $250,000, descending to 10% above $1,250,000.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.