Saturday, August 7, 2010

Attorneys may use contingency fee agreements in criminal cases?

true or false?Attorneys may use contingency fee agreements in criminal cases?

In the USA, a contingent fee is when the fee is only payable where the case has a favorable win. This can be know in law as the ';no win no fee'; system.

Rules for criminal law retainers may resemble the same as other areas of law with a couple of exceptions. First, a contingency fee in a criminal case is improper. Second, the requirements for arbitrating fee disputes is inapplicable to criminal law retainers.

Most jurisdictions in the United States prohibit a contingent fee in family law or criminal cases, which is clearly definine in Rule 1.5(d) of the Model Rules of Professional Conduct of the American Bar Association.

Contingency fees are the standard in personal injury cases and are less common in other types of litigation.

Contingent fee agreements are legal in some provinces of Canada. Many countries prohibit contingent fees.Attorneys may use contingency fee agreements in criminal cases?
I am not aware of anything that prohibits it, but it is a stupid way to conduct a practice.

With a personal injury case, or property damage case, at least the fee will be rationally related to the award so you can say that the attorneys' fee will be 1/3 of the amount recovered.

To create a contingency agreement for a criminal case, you'd have to structure it something like this: ';My fee shall be contingent upon achieving a favorable result for you as follows: If the case goes to trial and you receive an acquittal, the fee is $10,000. If the case goes to trial and the jury is given a lesser included charge and finds you guilty of a Class A misdemeanor, my charge is $7,500. If I broker a plea agreement to reduce the charge from a felony to a Class A misdemeanor before trial, the fee is $5,000. If I get the case dismissed outright without going to trial, the fee is $7,500. If you are convicted of the original charge, you don't owe me anything.';

Sounds ridiculous, but it's possible, and you'd have to come up with every possible scenario to avoid a dispute.
In civil suits involving the potential for a monetary pay-out, lawyers will happily work on contingency because there is a chance that you will get cash. There is no cash payment in criminal cases, so lawyers have no incentive to take such a case on contingency.
False. There is no promise of payout, so no contingency to work on. If you can't afford an attorney, request a court-appointed public defender.
it was a hot day today

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