Fillable Printable Contingency Fee Agreement FAQ
Fillable Printable Contingency Fee Agreement FAQ
Contingency Fee Agreement FAQ
*BRAIS&ASSOCIATES,P.A.*
100NORTHBISCAYNEBLVD.,SUITE800,MIAMI,FLORIDA33132*TEL(305)416‐2901*FAX(305)416‐2902
Contingency Fee Agreement FAQs
A. What if my case settles before an answer is filed or arbitration is demanded or, if
neither of these occur within the allotted time?
Example: Should your case settle for $100,000 and the firm advanced $500 in costs, the
following illustrates how the settlement proceeds will be disbursed:
Gross Recovery (settlement): $100,000
Fees to Firm (33 1/3% of $100,000): $33,333
Costs Reimbursed to the Firm by Client:
$500
Client’s Recovery (66 2/3% of $100,000 minus
costs advanced by the Firm):
$66,700 - $500 = $66,200
B. What if my case is tried or it settles after an answer is filed or demand is made for
appointment of an arbitrator, or if neither of these occur within the allotted time?
Example No. 1: Should your case settle for $100,000 and the firm advanced $500 in
costs, the following illustrates how the settlement proceeds will be disbursed:
Gross Recovery (settlement): $100,000
Fees to Firm (40% of $100,000): $40,000
Costs Reimbursed to the Firm by Client:
$500
Client’s Recovery (60% of $100,000 minus
costs advanced by the Firm):
$60,000 - $500 = $59,500
Example No. 2: Should you receive a trial award of $99,000 in damages, $1,000 in
awarded costs and the firm additionally advanced $500 in costs, the following illustrates
how the recovery will be disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs)
Fees to Firm (40% of $100,000): $40,000
Costs Reimbursed to the Firm by Client:
$1,500
Client’s Recovery (60% of $100,000 minus all
costs):
$60,000 - $1,500 = $58,500
*BRAIS&ASSOCIATES,P.A.*
100NORTHBISCAYNEBLVD.,SUITE800,MIAMI,FLORIDA33132*TEL(305)416‐2901*FAX(305)416‐2902
Example No. 3: Should you receive a trial award of $99,000 in damages, $1,000 in
awarded costs, $30,000 in attorney fees and the firm additionally advanced $500 in
costs, the following illustrates how the recovery will be disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs)
Awarded Attorney Fees:
$30,000
Fees to Firm (40% of $100,000): $40,000 (a sum greater than
awarded fees)
Costs Reimbursed to the Firm by Client:
$1,500
Client’s Recovery (60% of $100,000 minus all
costs plus attorney fees):
$60,000 - $1,500 + $30,000 =
$88,500
Example No. 4: Should you receive a trial award of $99,000 in damages, $1,000 in
awarded costs, $50,000 in attorney fees and the firm additionally advanced $500 in
costs, the following illustrates how the recovery will be disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs)
Awarded Attorney Fees:
$50,000
Fees to Firm (the awarded fees): $50,000 (a sum greater than 40% of
$100,000)
Costs Reimbursed to the Firm by Client:
$1,500
Client’s Recovery (100% of $100,000 minus all
costs):
$100,000 - $1,500 = $98,500
Example No. 5: Should you receive a trial award of $99,000 in damages, $1,000 in
awarded costs, $100,000 in punitive damages, $50,000 in attorney fees and the firm
additionally advanced $500 in costs, the following illustrates how the recovery will be
disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs) + $100,000
(punitive)
Awarded Attorney Fees: $50,000
Fees to Firm (40% of $200,000): $80,000 (a sum greater than
awarded fees)
Costs Reimbursed to the Firm by Client:
$1,500
Client’s Recovery (60% of $200,000 minus all
costs plus attorney fees):
$120,000 - $1,500 + $50,000 =
$168,500
*BRAIS&ASSOCIATES,P.A.*
100NORTHBISCAYNEBLVD.,SUITE800,MIAMI,FLORIDA33132*TEL(305)416‐2901*FAX(305)416‐2902
Example No. 6: Should you receive a trial award of $100,000 in damages, $1,000 in
awarded costs, $100,000 in punitive damages, $90,000 in attorney fees and the firm
additionally advanced $500 in costs, the following illustrates how the recovery will be
disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs) + $100,000
(punitive)
Awarded Attorney Fees:
$50,000
Fees to Firm (the awarded fees): $90,000 (a sum greater than 40% of
$200,000)
Costs Reimbursed to the Firm by Client:
$1,500
Client’s Recovery (100% of $200,000 minus all
costs):
$200,000 - $1,500 = $198,500
C. What if my case settles after all defendants admit liability at the time of filing their
answers and request a trial only on damages?
Example: Should your case settle or you receive a trial award of $100,000 and the firm
advanced $500 in costs, the following illustrates how the recovery will be disbursed:
Gross Recovery (settlement or award at trial):
$100,000
Fees to Firm (33 1/3% of $100,000): $33,333
Costs Reimbursed to the Firm:
$500
Client’s Recovery (66 2/3% of $100,000 minus
all costs):
$66,700 - $500 = $66,200
D. What if there is an appeal in my case or post-judgment relief is sought or action is
required for recovery of the judgment?
Example: Should you receive a trial award of $99,000 in damages, $1,000 in awarded
costs and the firm additionally advanced $500 in costs, the following illustrates how the
recovery will be disbursed:
Gross Recovery (award at trial): $99,000 + $1,000 (costs)
Fees to Firm (45% of $100,000): $45,000
Costs Reimbursed to the Firm:
$1,500
Client’s Recovery (55% of $100,000 minus all
costs):
$55,000 - $1,500 = $53,500
*BRAIS&ASSOCIATES,P.A.*
100NORTHBISCAYNEBLVD.,SUITE800,MIAMI,FLORIDA33132*TEL(305)416‐2901*FAX(305)416‐2902
The figures used above are only for demonstrative purposes. They are not intended to
predict what may or may not happen in your case. They are intended only to illustrate
the disbursement of funds in the event of a settlement or award at trial in your favor.
Each case handled by the firm is different and if you decide to try your case there always
exists the chance that a jury or judge may rule in favor of the defendant and you will
recover nothing. Your decision to go to trial or not should be made with the advice of
your counsel.
