in s.c., what is the highest % or contingency rate a claimant's lawyer can charge for attorney fees

by Dr. Demarcus Purdy 8 min read

In South Carolina, a typical and reasonable percentage is 1/3rd of the recovery if the case is settled or 40% if a lawsuit is filed. These fees come off “the top” of the total amount recovered by the lawyer on the client’s behalf. In some “high risk” cases, I’ve heard of lawyers charging as much as 50% as a contingency fee.

What is a Contingency Fee? Most personal injury attorneys in Columbia, Lexington, and throughout South Carolina, charge 33%-40% based on the amount of compensation they obtain for you. This is known as a "contingency fee" because it is contingent upon the value of your settlement or jury award.

Full Answer

What is a typical contingency fee agreement?

A typical contingency agreement will allow the lawyer to keep 33% of the client's monetary damages upon winning the case. If the lawyer loses the case, the client does not have to pay the lawyer anything. Most states do not allow contingency fee agreements for certain cases, such as criminal cases or divorces. Thank you for subscribing!

What is the maximum amount an attorney can charge for services?

Most states require an attorney's rates to be "reasonable," with no explicit maximum dollar amount. Many factors affect how an attorney sets their rates, such as: The lawyer's experience or specialization in that area of law The number of additional lawyers or support staff the lawyer will need to adequately represent a client

Why choose an attorneys that work on a contingency fee basis?

Attorneys that work on a contingency fee basis have incentive to get the best possible results for their clients as quickly and as efficiently as possible---the more the attorney can get for the injury victim/client, the larger the attorney’s compensation.

What is a reasonable fee agreement for a lawyer?

A fee agreement is a contract that spells out how an attorney's fee will be paid, how much the rate is, and the price of the additional costs and expenses. A reasonable fee agreement will clarify all expectations, so the lawyer knows what work the client expects, and the client knows all of the costs upfront.

What's the highest percentage a lawyer can charge?

No matter when the claim settles or how much, the legal representative usually cannot take more than the 33.33 percent of compensation awards. However, most of the fees and expense the lawyer will acquire through the completed case are in the fine print of a legal agreement between client and lawyer.

What percentage do most lawyers take as a contingency fee?

33 ⅓ percentWhile the percentage of the fee varies by lawyer, typically contingency fees are 33 ⅓ percent of the case if a lawsuit is not filed and 40% if a lawsuit is filed.

How much do lawyers take from settlement in South Carolina?

Attorney Fees (also known as Contingency Fees) Most South Carolina attorney's fees are between 30%-40%. For example, if you receive a settlement for $100k, and the attorney's fee is 33%, $33k of the settlement would be used to pay the attorney.

When an attorney's fee is a percentage of the recovery?

If you hire your lawyer on a contingency fee basis, where the lawyer receives a percentage of any recovery, then the fees will be the lawyers contingency fee percentage. Most contingency fees are around 40%. So if your lawyer recovers $100,000 for you, then the fees will be 40% of $100,000; or $40,000.

How are contingency fees calculated?

The contingency fee will usually be 25% of the amount awarded to a client in a court case if the client is successful in his/her case. The basis of the agreement between the attorney and his/her client is on a “no-win-no-fee” basis. An attorney may not simply agree with clients to charge contingency fees.

Why should a contingency fee not be used?

Contingency fee cases can sometimes be seen as a risk, because the lawyer does not get paid unless they win the case. However, the risk is lower if you are more likely to win your case. With a lower risk, the more likely you are to find an attorney willing to take the case.

How is pain and suffering calculated in South Carolina?

Recently, the South Carolina Supreme Court explained that there is no market price for pain and suffering caused by a personal injury because it can't be accurately determined, and there is no standard way of measuring it.

What is it called when a lawyer overcharges you?

While the act of overbilling can simply be a lawyer overcharging for services, there are numerous ways this can occur, for example: Padding a bill: This occurs when a lawyer lies about how much time was spent on a matter. By overstating time spent, the bill becomes inflated.

How much are most car accident settlements?

The average settlement amount for a car accident is approximately $41,783.00. This figure may be high in comparison to national averages across the United States because the data includes more car accident settlements involving serious injuries.

What are reasonable legal costs?

Reasonable legal costs means attorneys' fees, costs, charges, and all other litigation expenses in connection with the defense of a "claim" or negotiation of cleanup standards and representation before environmental agencies in connection with "discovery", limited to rates we actually pay to counsel we retain in the ...

What is a contingent fee arrangement?

Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.

Do lawyers get paid more if they win a case?

If you win nothing, the lawyer gets no fee or merely gets costs and expenses. In this way, the lawyer shares your risk of losing or of winning less than expected. A contingency fee also rewards the lawyer for helping to win a higher amount-the more the lawyer wins for you, the more the lawyer gets.

What is a contingent fee arrangement?

Contingency fees mean you will pay the lawyer a certain percentage of the money you receive if you win the case or settle the matter out of court. If you lose your case, the lawyer does not receive any payment from you.

What is contingency pay?

Contingent pay, also called incentive and variable pay, are arrangements where some or all of employees' earnings are dependent on some measure of performance.

What is a contingency basis?

Simply put, a contingency fee means that a lawyer works in return for a percentage of a settlement, verdict, or a jury award: not for an hourly charge. When a lawyer works for a contingency fee, it means the lawyer gets paid only if their client recovers damages. There is no upfront charge for the lawyer's services.

What is contingency billing?

Contingency billing means when payment or partial payment is due only upon a successful decision by the government (Section 3.2. d of the Retainer Agreement Regulation). According to Section 9.2 of the same Regulation, contingency billing is not permitted as a billing method for the client.