20+ year of experience
Insurance Defense Lawyers
Personal attention

New Mexico’s
Serious Injury Lawyers Find out if you have a case Find out if you have a case

What Percentage Does A Lawyer Get In A Settlement Case

27.08.25
Davis Kelin Law Firm

Lawyer fees are the compensation that a client pays to their legal representative for the services provided. These fees can vary widely depending on the type of case, the complexity of the legal issues involved, and the experience and reputation of the lawyer. In settlement cases, lawyer fees are often calculated as a percentage of the final settlement amount.

This percentage can range from 25% to 40% or more, depending on the specific agreement between the client and the lawyer. Lawyer fees can be structured in different ways, including hourly rates, flat fees, and contingency fees. Hourly rates involve charging the client for the actual time spent on the case, while flat fees are a set amount agreed upon at the beginning of the representation.

Contingency fees, on the other hand, are based on the outcome of the case and are commonly used in settlement cases.

The calculation of lawyer fees in settlement cases is based on the understanding that the lawyer takes on the risk of not being compensated if the case is unsuccessful. This risk is reflected in the higher percentage charged for contingency fees compared to other fee structures.

Lawyers may also consider the amount of work and resources they invest in the case when determining the appropriate percentage for their fee. This ensures that the lawyer is fairly compensated for their efforts and expertise in securing a successful settlement for their client.

Contingency fees are a common fee structure used in settlement cases, particularly in personal injury and other civil litigation matters. With a contingency fee arrangement, the client does not pay any upfront costs for legal representation. Instead, the lawyer’s fee is contingent upon the successful outcome of the case, typically in the form of a percentage of the final settlement or award.

Contingency fees provide access to legal representation for individuals who may not have the financial means to pay for legal services upfront. This fee structure aligns the interests of the client and the lawyer, as both parties have a vested interest in achieving a favorable outcome. However, clients have to carefully review and understand the terms of a contingency fee agreement before entering into such an arrangement.

Several factors can influence the percentage that a lawyer receives in a settlement case. The complexity of the legal issues involved, the potential value of the case, and the level of experience and expertise of the lawyer are all factors that may impact the percentage of the lawyer’s fee. The amount of time and resources invested by the lawyer in pursuing the case can also influence the fee percentage.

In some cases, lawyers may also consider the likelihood of success and the potential risks involved in pursuing a settlement case when determining their fee percentage. For example, a case with a higher degree of complexity or uncertainty may warrant a higher fee percentage to compensate for the additional risks and challenges faced by the lawyer.

Clients have the right to request regular updates on legal costs and expenses throughout the course of representation. This ensures that clients are always aware of their financial obligations and can plan accordingly.

Lawyers should be forthcoming about any potential conflicts of interest or ethical considerations related to their fee arrangements. This open communication helps to ensure that clients are fully informed about their financial obligations and can make well-informed decisions about their legal representation.

Open communication about lawyer fees helps to build trust and clarity in the attorney-client relationship. This ultimately leads to a more positive and successful outcome for all parties involved.

Clients who have questions or concerns about lawyer fees in settlement cases should seek legal advice from qualified professionals. Consulting with experienced attorneys or legal professionals can provide valuable insights into industry standards for lawyer fees, as well as guidance on negotiating fair and reasonable fee arrangements. Legal advice can also help clients understand their rights and obligations regarding lawyer fees, ensuring that they are fully informed and empowered to make informed decisions about their legal representation.

Do you have a case?

Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us.

Note: Completing this form does not create an Attorney-Client Relationship
*information required