During the course of legal representation, clients should review periodic billing statements reflecting amounts deducted from the retainer. Most retainers are non-refundable unless deemed unreasonable by a court. If you decide to drop a case that your lawyer has worked on before the retainer has been exhausted, you may forfeit the remainder. In certain types of cases, attorneys work on a contingent fee basis. Contingent fee arrangements are typical for plaintiff's counsel in automobile and accident litigation, medical malpractice, and other personal injury cases, as well as in debt collection cases.
Courts set limits on the contingency fees a lawyer can receive from personal injury suits.
Of course, lawyers and clients are free to negotiate contingency fees less than the standard one-third. Contingent fee arrangements in certain kinds of cases such as divorce, criminal cases, or child custody cases are prohibited. Rates for legal fees vary based on location, experience of the lawyer, and the nature of the matter. Here are some national averages to help you get a general idea. Little things add up.