When entering into a contingency fee agreement, you should identify the varying percentages depending on how your case resolves. In most situations, a lawyer will likely charge a lower rate when the case settles outside of court without going to trial. If your case must go to trial, then the lawyer can charge a slightly higher percentage of compensation for their fees. The reasoning and justification behind this higher rate are that a trial can take up considerably more resources and expenses, thus becoming a much larger workload and a more considerable risk for the attorney.