Contingency fee arrangement

Can I be charged by fees if the lawyer loses the case when contingency fee arrangement is signed?

Asked 4 months ago in Ontario
Categories: Civil Litigation

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

It depends what the retainer agreement provides but courts have ruled if a lawyer proceeds on the basis of contingency, unless there is something unusual the retainer governs and the lawyer gets paid if they are successful and are paid the agreed upon percentage fee, plus disbursements and HST. Also as agreed, if the lawyer is not successful the lawyer does not get paid a fee, but in some cases, may charge for disbursements and HST if that was agreed to in advance. If the client is unsuccessful the client is normally responsible for legal costs if any,  awarded to the successful party, not the lawyer. There is a type of coverage called Adverse Costs Insurance which some lawyers recommend to clients but there is a significant disbursement to purchase that coverage and clients may chose to decline it. Most lawyers on a contingency feel they will be successful. Some client's turn down offers of settlement recommended by their lawyer and that can change things because then the lawyer is denied a chance to exit the file with a payday for both the client and lawyer if they settle. Speak to another lawyer for a second opinion. Hamoody Hassan, Senior Counsel, 1979 LSO #19243E

Posted 4 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel,

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="" target="" rel=""></a><b><a href="" target="_blank" rel="nofollow"></a></b>, or search the <a href="" target="" rel="">Lawyer Directory</a>. <br>

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