But if the retainer was very large and the matter was ended very quickly, a court could find it unreasonable for the lawyer to keep the whole thing. Whether a retainer is non-refundable, and in what amount, are appropriate subjects for negotiation before you hire the lawyer. A contingency fee usually gives the lawyer a percentage interest in a client's case. For example, if you were injured and are suing the person who caused the injury, the lawyer's fee might be 25 percent of any money you recover. The entire fee is not always contingent.
Some lawyers charge a retainer plus a percentage of any recovery.
Again, these are appropriate subjects for negotiation between lawyer and client. This means that the lawyer gets a higher percentage of a specified amount and a lower percentage of any additional money recovered. When a lawyer charges on a contingent fee basis, she takes a risk that the client will recover nothing, in which case the lawyer also recovers nothing. While this fee structure enables you to hire a lawyer without risking your own money, it also means that if the lawyer is successful, she will probably get a higher fee than she would have earned if she charged strictly on an hourly basis. It depends on the type of case.