Comments on: What kind of ‘cut’ would a lawyer expect if a case is won after doing the work pro bono?

By: Elliot

Elliot — Tue, 10 Nov 2009 12:31:05 +0000

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

By: Dana B

Dana B — Mon, 09 Nov 2009 18:12:41 +0000

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

By: R J

R J — Sat, 07 Nov 2009 18:44:48 +0000

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

By: laughter_every_day

laughter_every_day — Thu, 05 Nov 2009 13:52:16 +0000

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

By: Nancy G

Nancy G — Tue, 03 Nov 2009 23:15:49 +0000

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

By: Dental Commando

Dental Commando — Sun, 01 Nov 2009 08:02:08 +0000

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

By: HD

HD — Fri, 30 Oct 2009 11:41:09 +0000

somethings not right here, pro bono means for free. HD

By: Viva La Eire!

Viva La Eire! — Tue, 27 Oct 2009 14:27:01 +0000

Surely if the case is Pro Bono then the Lawyer gets nothing. Viva La Eire!

By: Tom

Tom — Sun, 25 Oct 2009 15:36:48 +0000

Zero, nada, ziltch. Tom

By: Tigarman

Tigarman — Sun, 25 Oct 2009 02:38:26 +0000

30 to 50 percent after expenses depending on the type of case and the lawyer involved. Tigarman