There are a variety of contingency fee possibilities. The type used in a given case depends in part on counsel’s subjective preferences, and in part on the nature of work required, the severity of the injuries and claimant’s financial condition. The only limitation, as a general rule, is “conscionability” [1:144]. Typically, plaintiff’s attorney fee agreement calls for a graduated contingency fee—e.g., 33 1/3% if the case settles before suit is filed, 40% if the case settles after suit is filed, etc. Thus, aside from reducing claimant’s out-of-pocket costs, a prelawsuit settlement is likely to maximize claimant’s net recovery [4:42.12]. The preferred method is to deduct the costs advanced from the client’s gross recovery; and then apply the contingent fee percentage to the net. Applying contingent percentage to net recovery is “standard and accepted method for calculating a lawyer’s contingent fee” [1:185]. It would be best to personally seek assistance from lawyer in order to assist you with the proper apportionment of the above-mentioned fee.

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