Contingent Legal Billing: A Guide for Clients

What Is a Contingent Fee?

A contingent fee means the lawyer’s payment is contingent upon the outcome of your case. Instead of charging by the hour, the lawyer agrees to take a percentage of the money recovered if the case is successful—either through a settlement, award, or judgment. If no recovery is made, you typically do not owe the attorney any legal fee.

This type of arrangement is most common in:

Personal injury cases
Wrongful death claims
Certain breach of contract and business tort cases
Civil rights lawsuits
Class actions

It’s less common (and often prohibited) in criminal defense or family law cases due to ethical rules.

How the Fee Percentage Works

The percentage your lawyer charges will be outlined in a written Contingent Fee Agreement, which you’ll sign before representation begins. A common arrangement is 33⅓% (or one-third) of the total recovery if the case settles before trial. If the case proceeds to trial or appeal, the percentage may increase—sometimes to 40%—due to the added time, complexity, and risk involved.

For example:

If your attorney negotiates a $90,000 settlement before trial and your contingent fee is 33⅓%, the attorney would receive $30,000.
If your case goes to trial and you recover $100,000 with a 40% trial fee agreement, the attorney would receive $40,000.

What About Case Costs?

It’s important to understand the difference between legal fees and case costs. Case costs include expenses like:

Filing fees
Expert witness fees
Deposition transcripts
Medical records
Investigator fees

Most contingent fee agreements clarify whether the attorney will front these costs and deduct them from your share of the recovery, or whether you are responsible for reimbursing them separately. Be sure to ask how these costs are handled before signing.

Why Do Lawyers Offer This?

Contingent billing opens the courthouse doors to people who might not otherwise be able to afford legal representation. But it also comes with risk for the attorney, who may spend months or years working without payment—only to receive nothing if the case is lost. That’s why attorneys carefully evaluate potential claims before accepting them on a contingency basis.

Attorney Brandon M. Eberle understands that legal costs can be stressful. That’s why he offers clear, written contingent fee agreements and maintains transparent communication from day one. If you believe you have a case and want to explore whether a contingent fee arrangement is right for you, contact Eberle Legal Services, LLC today for a free consultation.

Call/Text (412) 204-6282

Schedule a FREE consultation – https://calendly.com/brandon-attorneyeberle/consultation (CLICK HERE)

Email brandon@attorneyeberle.com

Address

To accommodate the ever-changing world of remote work, Attorney Eberle makes himself available remotely to all clients. Additionally, Attorney Eberle can visit you in the setting of your choice.

Main Office

280 Moon Clinton Road
Suite B

Moon Twp., PA 15108

Map / Directions

Phone: (412) 204-6282

Client Reviews

Brandon might be the best lawyer I have ever experienced, I did not need a lawyer ever before in my life until recently, but thank god it was Brandon. He gets straight to the point, fights for his clients more...

Samantha G.

He helped me get full custody of my daughter. Definitely a 5 star attorney in my book.

Anonymous

Can’t say enough about Brandon Eberle’s representation of me. While some attorneys show up and seem to just go through the motions, I firmly feel Brandon Eberle has gone above and beyond several times in...

Brandon B.

Very professional. Brandon empathizes with his clients & is very passionate about what he does. Not only does Brandon meet the needs of his clients, but he will go above and beyond for them as well.

Jaime A.

Brandon Eberle is one of the most professional and efficient family law attorneys I have worked with. From our first meeting he explained everything to me in terms that I easily understood, he never sugar...

Joe H.

Brandon was an amazing help and support through my divorce and even after when things would arise. I felt like I never had to worry with Brandon in my corner. Everything situation was always explained and I...

Lisa S.

Brandon was more than professional and easy to talk to you. He genuinely cared about my case and the welfare of my son. He did exactly what he said he would for myself and my son and for that I’ll always be...

Liz R.

Mr. Eberle did an excellent job of updating my estate. He did the work in a timely and professional manner. He also answered all of my questions. I would highly recommend him.

Mark B.

Brandon is very professional and knowledgeable. He worked with me and helped me through the process, given me all of my options and directions. It was a pleasure working with Brandon, I would highly recommend...