How Contingency Cases Are Decided: When the Arrangement Fits and When It Does Not

A contingency arrangement means the lawyer's fee depends on the result. If the case produces a recovery, the lawyer is paid out of it by an agreed rate. If it does not, the fee terms in your written agreement control what happens, so read them carefully before you sign.

For many people this is the only realistic way to bring a case. But a lawyer who takes a case on contingency is betting time and effort on the outcome, so the lawyer has to decide whether the case deserves that bet.

Why not every case qualifies

Contingency is not a service every case can use. It is a business decision as much as a legal one. If a lawyer takes too many cases that do not produce a recovery, the practice cannot continue. So the lawyer asks hard questions up front, and a polite refusal usually reflects the economics of the case, not a verdict on you.

The Law Office of Kareem E. Abdo describes its approach on contingency this way: it sometimes takes cases on that basis. If it is the right type of case, if Kareem Abdo feels confident about liability, and if there are enough damages to attach a percentage rate to, he is happy to offer a contingency rate.

Liability: can the other side be held responsible?

Liability is the question of whether the other party is legally responsible for what happened. It is not enough that you were hurt, or that you lost money, or that something felt unfair. A claim needs facts that fit a legal theory and evidence that can prove them.

A lawyer looking at liability asks what happened, who did it, what duty or promise was broken, and what proof exists. Documents and witnesses matter. So does what the other side will say in response. A case where the facts are clear and the proof is solid is far easier to take on contingency than one that depends on a disputed memory.

Damages: is there enough at stake?

Damages are the losses a court can compensate. Even strong liability may not justify a contingency arrangement if the recovery would be small. A case takes real work, and a rate applied to a small recovery may not cover the effort.

This is why the office speaks of damages large enough to attach a rate to. It is a plain way of saying the numbers have to make sense for both of you. It is better to hear that honestly at the start than to find out after months of work.

What a lawyer weighs before agreeing

• How clear is the proof that the other side is responsible?
• How large and how well documented are the losses?
• Can the other side actually pay a judgment or settlement?
• How long is the case likely to take, and what will it require?
• Is the legal theory sound under the rules that apply?

No lawyer can promise an outcome, and you should be wary of anyone who does. What a lawyer can do is describe the strengths and weak spots of your case honestly and explain how those factors point toward or away from a contingency arrangement.

Why large defendants try to wear a smaller side down

Contingency cases are often different from a typical prosecution because large defendants may attempt to stymie a smaller contingency litigant. A large company or institution can afford a long fight. A small litigant, and a lawyer carrying a case on contingency, generally cannot.

In practice that can mean heavy motions, long delays, and demands that cost time and money to answer. The hope on the other side is that the smaller party will tire out, take less, or give up.

A lawyer who knows the procedural rules thoroughly, both in federal court and at the state level, can resist that approach by keeping the case moving and answering what matters. The office says Kareem Abdo has experience with this tactic and has handled it successfully in the past.

Contingency work is traditionally for members of the public, but the office does discuss its rate with businesses too when the circumstances are right. If you run a small business with a claim, it is worth asking rather than assuming the answer.

If contingency does not fit

A no on contingency does not have to mean the end of your options. The office describes itself as a no frills practice with very low rates, and says it passes the savings on to clients, so a straightforward fee may still be within reach. The office also offers pro bono services to those who qualify, after verifying financial status.

If you have a claim and want an honest read on whether it fits, send the basic facts and any documents you have. You can call or text (212) 439-4723, which is Kareem Abdo's cellular phone, or email kareemabdolaw@gmail.com.

This article is general information, not legal advice about your situation, and reading it does not create an attorney-client relationship. This is attorney advertising.