A contingency fee means that an attorney agrees to take on a case without charging any up front or hourly fee. In exchange for working for free and taking the risk that a recovery will be made, the lawyer receives a percentage of what is recovered when the case is over. While lawyers in every state handle some cases on a contingency basis, this article specifically provides an overview of cases Illinois attorneys can handle on the basis of they only get paid if they win.
In Illinois, contingency fee cases are most commonly found in injury cases like workers compensation, personal injury, medical malpractice and nursing home abuse. There are occasionally small fees to obtain medical records in a malpractice case. Other cases include legal malpractice and class actions. Illinois legal malpractice cases attorneys will want to see financial damages as a result of an attorney's unprofessional conduct that would make it financially worthwhile. For example, if a divorce attorney's misconduct resulted in less than desirable visitation, a lawyer will probably not take the case on a contingency basis. However, if as a result of a divorce lawyer's unprofessional conduct the client losses $100,000 from the ex's pension, a legal malpractice attorney may take the case on a contingency basis. In class action cases, attorneys work on a contingency basis because so many people have been wronged that if the lawyer wins the damages awarded will be substantial to compensate all of the clients. The attorney will take a percentage of the damages awarded to compensate for the work.
Other cases that are sometimes, but now always done on a contingency basis include challenges to a will, commercial litigation, overtime or compensation cases from employment law, collections (if the amount owed is enough) and some child support cases. When challenging a will in Illinois, a lawyer can work on a contingency if there is a real dispute. Illinois law prevents them from taking a percentage of what is recovered if it is just normal representation of an estate. In employment law and overtime cases, lawyers will work on a contingency basis if the dollar amounts owed are large enough. For example, if a client is missing one paycheck a lawyer will probably not take the case on a contingency basis. In child support cases, it is rare to find a lawyer to work on a contingency unless there is money that can be collected.
Lawyers are prohibited from handling a divorce or criminal case on a contingency basis in Illinois. Illinois attorneys also do not handle defense of civil lawsuits on a contingency basis because there would be no way to get paid.
The fees that an Illinois lawyer charges for a contingency case depends on the type of case and risk involved. In workers' compensation claims for Illinois, the law limits the fee to 20% of any settlement. In medical malpractice cases there is a fee schedule that changes depending on how much is recovered. In most other matters, it is customary for the lawyer to recover 1/3 of the money awarded. In some cases this fee will go as high as 40% or more, especially if there is a trial and/or appeal.
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