Attorney Fees in Washington State Claims and Cases
Attorney fees are an important consideration when seeking legal help. Let’s discuss attorney fees right now.
Do I Want Legal Representation? Do I Need a Lawyer?
These are essential questions. Answer them by looking at your facts, your medical needs, what you can and can’t prove, and what the insurance claims people are doing with your claim. Think about how much money is at stake. Can you afford to lose it? How much experience do you have with this type of claim? Do you understand the law? Do you have the evidence to prove your case and make it a winner? Is your case good enough that a smart attorney will take it?
Not sure? Schedule a free consultation and strategy session.
Can I Afford Legal Representation? What are Attorney Fees Going to Cost Me?
Contingent legal fees do not require upfront payment. You don’t pay any attorney fees if you don’t win your case. If you win, you pay a percentage of the recovery. With a contingent fee, you can afford good legal representation.
Attorney fees at most law firms are based on a contingent fee agreement. Lawyers offer to handle claims on a contingent basis when they believe in the case and the client. If you have a believable and winable case, then you can get contingent legal fees.
If and when we win your case, attorney fees are a percentage of the money our attorneys recover for you. If you are offered a contingent fee agreement it will be in writing, read it. No matter how much you trust your new lawyers be sure to carefully read any fee agreement put in front of you. Ask questions. Know what the deal is. It’s the smart thing to do.
How do Contingent Fee Agreements Work?
A contingent fee means you only pay a legal fee if you win; and then only out of the money your lawyers recover for you.
Why Would a Client Want a Contingent Fee Agreement?
- Contingent legal fees provide access to justice. People who can’t afford or don’t want to pay hourly attorney fees upfront can still get first-rate legal help. The contingent legal fee opens the courthouse doors to everyone with a good legal case. If you are offered a contingent fee agreement, your lawyers believe they can win your case.
- Injured persons have suffered a loss before they ever hire an attorney. Paying lawyers upfront feels like losing twice; nobody wants to do that. Injured persons with a strong case but limited funds need legal help. The contingent fee agreement allows that.
Why Would Lawyers Agree to a Contingent Fee?
Dentists don’t do that. Doctors don’t do that. You’ll never find a doctor who gets paid only if the surgery is successful. Why would attorneys agree to get paid only if they win?
- It provides access to justice. Contingent fee agreements allow deserving clients to get a fair legal result without the risk of losing both the case and the fees.
- Keeping track of time in a case is distracting and a waste of time for lawyers.
- Contingent agreements motivate lawyers. Everybody loves a winner, and lawyers are no exception. They will be motivated to work hard, to work smart, and to get that win.
- Contingent fee agreements encourage lawyers to take only the cases they believe they can win.
Contingent Fee Agreements Work
- They work for the client if lawyers will take their case
- They work for lawyers when they win
- Contingent Legal Fees level the playing field. They allow injured persons access to good lawyers.
Limits on Attorney Fees
The Rules of Professional Conduct set limits on the fees a lawyer can charge.
A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
- The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
- The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
- The fee customarily charged in the locality for similar legal services;
- The amount involved and the results obtained;
- The time limitations imposed by the client or by the circumstances;
- The nature and length of the professional relationship with the client;
- The experience, reputation, and ability of the lawyer or lawyers performing the services;
- Whether the fee is fixed or contingent; and
- The terms of the fee agreement between the lawyer and the client, including whether the fee agreement or confirming writing demonstrates that the client had received a reasonable and fair disclosure of material elements of the fee agreement and of the lawyer’s billing practices.
Case Costs
Case costs are different from attorney fees. They are expenses incurred in handling your case. For example, an injury case needs medical records. We order your medical records, review them, and use them as part of your case; we do not charge for that. The doctor, however, charges for a copy of the records; that charge is a case cost. The client is responsible for eventually paying this case cost.
Some lawyers want clients to pay costs in advance, some want costs paid as the case proceeds, and some will advance costs until the end of the case when money is awarded. Good lawyers recover money for the client in almost every case. When they advance costs for a client, they are repaid out of the money they make the insurance company pay you.
If you hire a lawyer, the fee agreement presented to you will provide specifics about attorney fees and case costs. Read it with care, ask questions, and know your rights.
Information and Referrals
Free information. This website provides information as a free service so you can make informed choices about your L&I claim. If you contact us, we will do our best to answer your initial phone or e-mail questions about your injury claims at no charge to you.
