Short answer: Almost always on contingency: no upfront fee, and the lawyer is paid a percentage of what is recovered from lawsuits and trust claims. If nothing is recovered, there is usually no fee.
The percentage is set in a written agreement before the case starts. Case costs, such as records, experts and travel, are often advanced by the firm and repaid from the recovery, so it is worth asking whether the fee is calculated before or after costs. Many states cap or regulate contingency fees, and the American Bar Association requires fees to be reasonable and contingency agreements to be in writing.
- Ask: the percentage for lawsuits versus trust claims, who pays costs if the case is lost, and how many trusts they will file with.
- Experience matters: firms that handle asbestos cases already have exposure databases linking job sites to products.
- Location: asbestos cases are often filed where the exposure happened or where a defendant is based.
A TortAdvisor case advisor can help you understand your options before you sign anything. Start a free, confidential case review.
SourcesABA Model Rule 1.5americanbar.orgGAO-11-819U.S. GAO, 2011
