What kind of ‘cut’ would a lawyer expect if a case is won after doing the work pro bono?
disco asked:
A lawyer has offered to take on a case for me, involving a dispute over a will and other family law stuff. What kind of cut will he expect if we win?
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A lawyer has offered to take on a case for me, involving a dispute over a will and other family law stuff. What kind of cut will he expect if we win?
October 24th, 2009 at 9:38 pm
30 to 50 percent after expenses depending on the type of case and the lawyer involved. Tigarman
October 25th, 2009 at 10:36 am
Zero, nada, ziltch. Tom
October 27th, 2009 at 9:27 am
Surely if the case is Pro Bono then the Lawyer gets nothing. Viva La Eire!
October 30th, 2009 at 6:41 am
somethings not right here, pro bono means for free. HD
November 1st, 2009 at 3:02 am
Pro bono should be free but Tigarman is right under normal circumstances when it’s not pro bono it’s about a third. Dental Commando
November 3rd, 2009 at 6:15 pm
If an attorney takes a case “pro bono” he should expect nothing in the event the case is won. “Pro bono” means to do without compensation.
If an attorney expects a cut if the case is won, he is talking about taking the matter on a “contingency” basis. The fee for contingency work varies depending on how far the case advances before it settles or is won in court. The attorney I work for charges between 30% and 50%.
If you are talking to someone about a matter being taken on a contingency basis, you need to make sure you read and understand the agreement. Some attorneys include only their personal fees in the contingency arrangement and the agreement will not include out-of-pocket expenses for things like court filing fees, deposition costs, postage, copying, etc., which you would be required to pay on an as-billed basis. Nancy G
November 5th, 2009 at 8:52 am
Ask the lawyer. This is determined by agreement, not by custom. If he agrees to work for free, then that means no pay. He can also agree to work by the hour, or for a percentage or in exchange for you painting his house. laughter_every_day
November 7th, 2009 at 1:44 pm
As previously stated pro bono basically means “for free”. However, you can not expect an attorney to pay your costs…court fees, deposition recording, etc.
If perhaps you just misspoke and really mean a contingency fee (pay if I win for you) then the fees are negotiable as a percentage of the monetary award before or after deduction of costs. Negotiations generally start around 40% and can vary widely depending on the expected work involved, likelihood of winning, time-to-payout, current case load of the lawyer. RJ R J
November 9th, 2009 at 1:12 pm
If he agreed to take it on pro bono, he will not expect any cut because pro bono means free. If he agreed to take it on contingency, that means he agreed to take a percentage of whatever he wins for you, and nothing if he doesn’t win. Contingency cases are usually in the neighborhood of 25% - 33%, but he should have had you sign an agreement specifying what percentage he would take, so you shouldn’t be needing to ask this. Dana B
November 10th, 2009 at 7:31 am
It’s not necessarily nothing. ‘Pro bono’ does not mean ‘for free’, it’s short for ‘pro bono publico’ which means ‘for the public good’. It includes work performed for free, but also work performed at a reduced rate for a worthy cause. So it’s possible that the lawyer may expect some payment, but not the full fee that he or she would normally charge for the same services. If you want to be sure, the simplest way is to ask the lawyer is he is expecting any payment. Elliot